Singapore legislation
Section 86
Section 86
International and national phases of application
(1)
The provisions of the Patent Co‑operation Treaty relating to publication, search, examination and amendment, and not those of this Act, apply to an international application for a patent (Singapore) during the international phase of the application.
(2)
The international phase of the application means the period from the filing of the application in accordance with the Patent Co‑operation Treaty until the national phase of the application begins.
(3)
The national phase of the application begins —
when the prescribed period expires, provided —
where the application has been published in accordance with the Patent Co‑operation Treaty in a language other than English, and the application is not in English, an English translation of the application has been filed at the Registry; and
the prescribed fee has been paid,by the applicant; or
when the applicant expressly requests the Registrar to proceed earlier with the national phase of the application, pays the prescribed fee and complies with any of the following sub-paragraphs which is applicable:
where, at the time of the request, the application has not been published in accordance with the Patent Co‑operation Treaty, file at the Registry —
a copy of the application; and
if the copy is not in English, an English translation of the application;
where, at the time of the request, the application has been published in accordance with the Patent Co‑operation Treaty in a language other than English, and the application is not in English, file at the Registry an English translation of the application.
(4)
If the prescribed period expires without the conditions mentioned in subsection (3)(a) being satisfied, the application is taken to be withdrawn.
(5)
Where, during the international phase, the application is amended in accordance with the Patent Co‑operation Treaty, the amendment is treated as made under this Act if, and is disregarded unless —
when the prescribed period expires, where —
the amendment is not in English; and
if any copy of the amendment has been communicated to the Registry in accordance with the Treaty, that copy is in a language other than English,an English translation of the amendment has been filed at the Registry; or
where the applicant expressly requests the Registrar to proceed earlier with the national phase of the application, there is then filed at the Registry —
a copy of the amendment, if none has been communicated to the Registry in accordance with the Treaty; and
an English translation of the amendment, if —
the amendment is not in English; and
where any copy of the amendment has been communicated to the Registry in accordance with the Treaty, that copy is in a language other than English.
(6)
The Registrar must on payment of the prescribed fee publish any translation filed at the Registry under subsection (3) or (5).