Singapore legislation
Clause 87
of Patents Bill
Clause 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 shall be treated as the date of filing the application under this Act;
any declaration of priority made under the Treaty shall be treated as made under section 17(2), and where in accordance with the Treaty any extra days are allowed, the period of 12 months specified in section 17(2) shall be treated as altered accordingly; and
any statement of the name of the inventor under the Treaty shall be 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 shall be treated, for purposes other than those mentioned in subsection (3), as published under section 27 when the conditions mentioned in section 86(3)(a) are complied with.
(3)
For the purposes of section 61 (use of invention for service of the Government) and section 76 (infringement of rights conferred by publication) the application, not having been published under this Act, shall be 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 a translation of the application in accordance with section 86(7); or
on the service by the applicant of a translation into English 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 a 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, that section shall apply.