Singapore legislation
Clause 26
of Patents Bill
Clause 26
Date of filing application
(1)
The date of filing an application for a patent shall, subject to the provisions of this Act, be taken to be the earliest date on which the following considerations are satisfied in relation to the application:
the documents filed at the Registry contain an indication that a patent is sought in pursuance of the application;
those documents identify the applicant or applicants for the patent; and
those documents contain a description of the invention and one or more claims whether or not the description or the claim or claims complies with the other provisions of this Act and with any relevant rules.
(2)
Every application for a patent shall be examined on filing to determine whether —
the filing fee has been paid; and
the application satisfies the requirements for the accordance of a filing date.
(3)
If a date of filing cannot be accorded, the Registrar shall give the applicant an opportunity to correct the deficiencies, and if the deficiencies are not corrected within the prescribed period, the application shall be treated as having been abandoned.
(4)
If the filing fee has not been paid within the period prescribed under section 25(2), the application shall be treated as having been abandoned.
(5)
If before the grant of a patent under section 30 it is found that any drawing referred to in any such application is filed later than the date which by virtue of subsection (1) is to be treated as the date of filing the application, the Registrar shall give the applicant an opportunity of requesting within the prescribed period that the date on which the drawing is filed shall be treated for the purposes of this Act as the date of filing the application, and —
if the applicant makes any such request, the date of filing the drawing shall be so treated; but(b)otherwise any reference to the drawing in the application shall be treated as omitted.
(6)
Where, after an application for a patent has been filed and before the patent is granted, a new application is filed by the original applicant or his successor in title in accordance with the rules in respect of any part of the matter contained in the earlier application and the conditions mentioned in subsection (1) are satisfied in relation to the new application (without the new application contravening section 84) the new application shall be treated as having, as its date of filing, the date of filing the earlier application.
(7)
Nothing in subsection (5) shall be construed as affecting the power of the Registrar under section 107(1) to correct errors or mistakes with respect to the filing of drawings.