Singapore legislation
Section 82
Section 82
Proceedings in which validity of patent may be put in issue
(1)
Subject to this section, the validity of a patent may be put in issue —
(aa)in a request for re‑examination of the specification of a patent under section 38A;
by way of defence, in proceedings for infringement of the patent under section 67 or proceedings under section 76 for infringement of rights conferred by the publication of an application;
in proceedings under section 77;
in proceedings in which a declaration in relation to the patent is sought under section 78;
in proceedings before the Registrar under section 80 for the revocation of the patent; or
in proceedings under section 56 or 58.
(2)
The validity of a patent may not be put in issue in any other proceedings and, in particular, no proceedings may be instituted (whether under this Act or otherwise) seeking only a declaration as to the validity or invalidity of a patent.
(3)
The only grounds on which the validity of a patent may be put in issue (whether in proceedings for revocation under section 80 or otherwise) are the grounds on which the patent may be revoked under that section.
(4)
No determination may be made in any proceedings mentioned in subsection (1) on the validity of a patent which any person puts in issue on the ground mentioned in section 80(1)(b) unless —
it has been determined in entitlement proceedings commenced by that person or in the proceedings in which the validity of the patent is in issue that the patent should have been granted to that person and not some other person; and
except where it has been so determined in entitlement proceedings, the proceedings in which the validity of the patent is in issue are commenced before the end of the period of 2 years beginning with the date of the grant of the patent or it is shown that any person registered as a proprietor of the patent knew at the time of the grant or of the transfer of the patent to the person that he or she was not entitled (either alone or with other persons, as the case may be) to the patent.
(5)
Where the validity of a patent is put in issue by way of defence or counterclaim, the court or the Registrar must, if the court or Registrar thinks it just to do so, give the defendant an opportunity to comply with the condition in subsection (4)(a).
(6)
In subsection (4), “entitlement proceedings”, in relation to a patent, means a reference under section 47(1) on the ground that the patent was granted to a person not entitled (either alone or with other persons) to it or proceedings for a declaration that it was so granted.
(7)
Where proceedings with respect to a patent are pending in the court under any provision of this Act mentioned in subsection (1), no proceedings may be instituted without the leave of the court before the Registrar with respect to that patent under section 67(3), 76, 78 or 80.
(8)
For the purposes of this Act, the validity of a patent is not put in issue merely because the Registrar is considering its validity in order to decide whether to revoke it under section 81.