Singapore legislation

Clause 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 —

(a)

when the prescribed period expires, provided any necessary translation of the application into English has been filed at the Registry and the prescribed fee has been paid by the applicant; or

(b)

on the applicant expressly requesting the Registrar to proceed earlier with the national phase of the application, paying the prescribed fee and filing at the Registry —

(i)

a copy of the application, if none has yet been sent to the Registry in accordance with the Patent Co-operation Treaty; and

(ii)

any necessary translation of the application into English.

(4)

For the purpose of subsection (3), a “copy of the application” includes a copy published in accordance with the Patent Co-operation Treaty in a language other than that in which it was originally filed.

(5)

If the prescribed period expires without the conditions mentioned in subsection (3)(a) being satisfied, the application shall be taken to be withdrawn.

(6)

Where during the international phase the application is amended in accordance with the Patent Co-operation Treaty, the amendment shall be treated as made under this Act if —

(a)

when the prescribed period expires, any necessary translation of the amendment into English has been filed at the Registry; or

(b)

where the applicant expressly requests the Registrar to proceed earlier with the national phase of the application, there is then filed at the Registry —

(i)

a copy of the amendment, if none has yet been sent to the Registry in accordance with the Treaty; and

(ii)

any necessary translation of the amendment into English,otherwise the amendment shall be disregarded.

(7)

The Registrar shall on payment of the prescribed fee publish any translation filed at the Registry under subsection (3) or (6).

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