Singapore legislation
Section 87
Section 87
Adaptation of provisions in relation to international application
(1)
Where an international application for a patent (Singapore) is accorded a filing date under the Patent Co‑operation Treaty —
that date or, if the application is re-dated under the Treaty to a later date, that later date is treated as the date of filing the application under this Act;
any declaration of priority made under the Treaty is treated as made under section 17(2), and where in accordance with the Treaty any extra days are allowed, the period of 12 months mentioned in section 17(3)(a) is treated as altered accordingly; and
any statement of the name of the inventor under the Treaty is treated as a statement filed under section 24(2).
(2)
If the application, not having been published under this Act, is published in accordance with the Patent Co‑operation Treaty, it is treated, for purposes other than those mentioned in subsection (3), as published under section 27 when the national phase of the application begins or, if later, when published in accordance with the Treaty.
(3)
For the purposes of sections 56 and 76, the application, not having been published under this Act, is treated as published under section 27 —
if it is published in accordance with the Patent Co‑operation Treaty in English, on its being so published; and
if it is so published in a language other than English —
on the publication of an English translation of the application in accordance with section 86(6); or
on the service by the applicant of an English translation of the specification of the application on the Government department concerned or, as the case may be, on the person committing the infringing act.
(4)
The reference in subsection (3)(b)(ii) to the service of an English translation on a Government department or other person is to its being sent by post or delivered to that department or person.
(5)
During the international phase of the application, section 20 does not apply (determination of questions of entitlement in relation to application under this Act); but after the end of the international phase section 20 applies.