Singapore legislation

Section 84

of Patents Act 1994

Section 84

Amendments of applications and patents not to include added matter

Amended by2/20072/20072/2007

(1)

An application for a patent which —

(a)

is made in respect of matter disclosed in an earlier application, or in the specification of a patent which has been granted; and

(b)

discloses additional matter, that is, matter extending beyond that disclosed in the earlier application made under this Act or in the application made under the United Kingdom Patents Act 1977 or the application under the European Patent Convention designating the United Kingdom filed at the European Patent Office from which the filing date and right of priority is sought to be derived, as filed, or the application for the patent, as filed,may be filed under section 20(3) or 47(4) or section 116(6) of the Patents Act (Cap. 221, 1995 Revised Edition), or as mentioned in section 26(11), but is not allowed to proceed unless it is amended so as to exclude the additional matter.

Amended by2/2007

(2)

Where, in relation to an application for a patent —

(a)

the documents filed at the Registry to initiate the application contain —

(i)

a reference to an earlier relevant application specified in a declaration under section 17(2) made in or in connection with the application; and

(ii)

a statement mentioned in section 26(1)(c)(ii)(C); and

(b)

the description filed under section 26(7)(b) discloses additional matter, that is, matter extending beyond that disclosed in the earlier relevant application,the application is not allowed to proceed unless it is amended to exclude the additional matter.

Amended by2/2007

(3)

No amendment of an application for a patent is allowed under section 31 if it results in the application disclosing any matter extending beyond that disclosed in the application as filed.

(4)

No amendment of the specification of a patent is allowed under section 38(1), 81 or 83 if it —

(a)

results in the specification disclosing any additional matter; or

(b)

extends the protection conferred by the patent.

(5)

In subsection (2), “relevant application” has the meaning given by section 17(9).

Amended by2/2007