Singapore legislation

Section 29B

of Patents Act 1994

Section 29B

Review of examination report, etc.

Amended by15/201215/201215/201215/201215/20124/201415/2012

(1)

A request for a review of an examination report issued under section 29(4), a search and examination report issued under section 29(5) or a supplementary examination report issued under section 29(6) must be made by filing —

(a)

the prescribed form for the request within the prescribed period; and

(b)

written submissions to overcome the unresolved objections in the examination report, search and examination report or supplementary examination report, as the case may be.

Amended by15/2012

(2)

At the time the request under subsection (1) is made, the applicant may, subject to section 84, amend in the prescribed manner the specification of the application to overcome one or more unresolved objections in the examination report, search and examination report or supplementary examination report, as the case may be.

Amended by15/2012

(3)

Upon completing the review of the examination report, search and examination report or supplementary examination report, as the case may be, the Examiner must prepare an examination review report.

Amended by15/2012

(4)

The examination review report must specify —

(a)

whether the Examiner agrees or disagrees with the examination report, search and examination report or supplementary examination report, as the case may be;

(b)

where the applicant has amended the specification of the application under subsection (2), whether each unresolved objection in the examination report, search and examination report or supplementary examination report (as the case may be) has been overcome in the amended specification; and

(c)

the reasons for the Examiner’s decision under paragraph (a) and, where applicable, paragraph (b).

Amended by15/2012

(5)

Upon receiving the examination review report, the Registrar must send the applicant —

(a)

a copy of that report; and

(b)

either —

(i)

a notice of eligibility to proceed to the grant of a patent, if the Registrar is satisfied by that report that there is no unresolved objection; or

(ii)

a notice of refusal of the application for a patent, if the Registrar is satisfied by that report that there are one or more unresolved objections.

Amended by15/2012

(6)

Where the Registrar has issued to the applicant a notice under subsection (5)(b)(i) —

(a)

the applicant must satisfy the conditions under section 30(a) and (c) within the prescribed period; and

(b)

if the applicant fails to comply with paragraph (a), the application is treated as abandoned.

Amended by4/2014

(7)

Where the Registrar has sent the applicant a notice under subsection (5)(b)(ii), the refusal of the application for a patent takes effect upon the expiry of the prescribed period.

Amended by15/2012
Section 29B — Patents Act 1994 | laws.sg