Singapore legislation

Clause 64

References of disputes as to Government use

(1)

Any dispute as to —

(a)

the exercise by a Government department or a person authorised by a Government department of the powers conferred by section 61;

(b)

the right of any person to receive any part of a payment made or agreed to be made in pursuance of section 61(4) or determined by the Registrar in pursuance of that subsection; or

(c)

the terms for the use of an invention for the services of the Government under section 61,may be referred to the court by either party to the dispute after a patent has been granted for the invention.

(2)

If in such proceedings any question arises whether an invention has been recorded or tried as mentioned in section 61, and the disclosure of any document recording the invention, or of any evidence of the trial thereof, would in the opinion of the Government department be prejudicial to the public interest, the disclosure may be made confidentially to counsel for the other party or to an independent expert mutually agreed upon.

(3)

If the validity of a patent is put in issue in proceedings under this section and it is found that the patent is only partially valid, the court may, subject to subsection (4), grant relief to the proprietor of the patent in respect of that part of the patent which is found to be valid and to have been used for the services of the Government.

(4)

Where in any such proceedings it is found that a patent is only partially valid, the court shall not grant relief by way of costs or expenses except where the proprietor of the patent proves that the specification of the patent was framed in good faith and with reasonable skill and knowledge, and in that event the court may grant relief in respect of that part of the patent which is valid and has been so used, subject to the discretion of the court as to costs and expenses.

(5)

As a condition of any such relief, the court may direct that the specification of the patent shall be amended to its satisfaction upon an application made for that purpose under section 83, and an application may be so made accordingly, whether or not all other issues in the proceedings have been determined.

(6)

In any proceedings under this section, the court may at any time order the whole proceedings or any question or issue of fact arising in them to be referred, on such terms as the court may direct, to an arbitrator; and references to the court in this section shall be construed accordingly.

(7)

One of the two or more joint proprietors of a patent or application for a patent may without the concurrence of the others refer a dispute to the court under this section, but shall not do so unless the others are made parties to the proceedings; but any of the others if made a defendant shall not be liable for any costs or expenses unless he enters an appearance and takes part in the proceedings.

Read in full context — Patents Bill →