Singapore legislation
Section 39
Section 39
Restoration of lapsed patents
(1)
Where a patent has ceased to have effect by reason of a failure to pay any renewal fee, an application for the restoration of the patent may be made to the Registrar within the prescribed period.
(2)
An application under this section may be made by the person who was the proprietor of the patent or by any other person who would have been entitled to the patent if it had not ceased to have effect.
(3)
Where the patent was held by 2 or more persons jointly, the application may, with the leave of the Registrar, be made by one or more of them without joining the others.
(4)
Notice of the application must be published by the Registrar in the prescribed manner.
(5)
If the Registrar is satisfied that the failure of the proprietor of the patent to pay any renewal fee within the prescribed period, or to pay that fee and any prescribed additional fee within the 6 months immediately following the end of that period, was unintentional, the Registrar must by order restore the patent on payment of any unpaid renewal fee and any prescribed additional fee.
(6)
An order under this section may be made subject to such conditions as the Registrar thinks fit (including a condition requiring compliance with any provision of the rules relating to registration which have not been complied with), and if the proprietor of the patent does not comply with any such condition of the order, the Registrar may revoke the order and give such directions consequential on the revocation as the Registrar thinks fit.
(7)
The effect of an order for the restoration of a patent is as provided in subsections (8) to (13).
(8)
Anything done under or in relation to the patent during the period between expiry and restoration is treated as valid.
(9)
Anything done during that period which would have constituted an infringement if the patent had not expired is treated as an infringement —
if done at a time when it was possible for the patent to be renewed under section 36(3); or
if it was a continuation or repetition of an earlier infringing act.
(10)
If after it was no longer possible for the patent to be so renewed, and before publication of notice of the application for restoration, a person —
began in good faith to do an act which would have constituted an infringement of the patent if it had not expired; or
made in good faith effective and serious preparations to do such an act,the person has the right to continue to do the act or (as the case may be) to do the act, despite the restoration of the patent.
(11)
The right referred to in subsection (10) does not extend to granting a licence to another person to do the act.
(12)
If the act was done, or the preparations were made, in the course of a business, the person entitled to the right conferred by subsection (10) may —
authorise the doing of that act by any partner of the person’s for the time being in that business; and
assign that right, or transmit it on death (or in the case of a body corporate on its dissolution), to any person who acquires that part of the business in the course of which the act was done or the preparations were made.
(13)
Where a product is disposed of to another in exercise of the rights conferred by subsection (10) or (12), that other and any person claiming through him may deal with the product in the same way as if it had been disposed of by the registered proprietor of the patent.
(14)
Subsections (8) to (13) apply in relation to the use of a patent in accordance with section 56 as they apply in relation to infringement of the patent.