Singapore legislation

Clause 36

of Patents Bill

Clause 36

Term of patent

(1)

A patent granted under this Act shall be treated for the purposes of this Act as having been granted, and shall take effect on the date on which notice of its grant is published in the journal and, subject to subsection (2), shall continue in force until the end of the period of 20 years beginning with the date of filing the application for the patent or with such other date as may be prescribed.

(2)

A patent shall cease to have effect at the end of the prescribed period for the payment of any renewal fee if it is not paid within that period.

(3)

If during the period of 6 months immediately following the end of the prescribed period the renewal fee and any prescribed additional fee are paid, the patent shall be treated for the purposes of this Act as if it had never expired, and accordingly —

(a)

anything done under or in relation to it during that further period shall be valid;

(b)

an act which would constitute an infringement of it if it had not expired shall constitute such an infringement; and

(c)

an act which would constitute the use of the patented invention for the services of the Government if the patent had not expired shall constitute that use.

(4)

Rules shall include provision requiring the Registrar to notify the registered proprietor of a patent that a renewal fee has not been received from him in the Registry before the end of the prescribed period and before the framing of the notification and requiring the proprietor of a patent in force by virtue of section 117(3) to furnish to the Registrar —

(a)

where the patent is renewed for the first time under this section, a Statutory Declaration stating that the patent remains in force in the United Kingdom; and

(b)

for every subsequent renewal under this section, a Statutory Declaration stating that the patent has not been revoked in the United Kingdom,at the time of the payment of any renewal fee.