Singapore legislation

Clause 2

of Patents (Amendment) Bill

Clause 2

Amendment of section 2

Section 2 of the Patents Act is amended —

(a)

by inserting, immediately after the definition of “Convention on International Exhibitions” in subsection (1), the following definitions:“ “corresponding application”, in relation to an application for a patent (referred to in this definition as the application in suit), means an application for protection filed, or treated as filed, with any prescribed patent office that —

(a)

forms the basis for a priority claim under section 17 in the application in suit; or

(b)

is subject to a priority claim based on —

(i)

the application in suit; or

(ii)

an application which is also the basis for a priority claim under section 17 in the application in suit;“corresponding international application”, in relation to an application for a patent (referred to in this definition as the application in suit), means an application for protection filed under the Patent Co-operation Treaty that —

(a)

forms the basis for a priority claim under section 17 in the application in suit; or

(b)

is subject to a priority claim based on —

(i)

the application in suit; or

(ii)

an application which is also the basis for a priority claim under section 17 in the application in suit;“corresponding patent”, in relation to a corresponding application, means a patent granted in respect of the corresponding application by the prescribed patent office in which the corresponding application was filed or treated as filed;”;

(b)

by inserting, immediately after the definition of “international exhibition” in subsection (1), the following definition:“ “international preliminary report on patentability” means —

(a)

an international preliminary report on patentability (Chapter I of the Patent Co-operation Treaty); or

(b)

an international preliminary report on patentability (Chapter II of the Patent Co-operation Treaty),referred to in the Regulations under the Patent Co-operation Treaty;”;

(c)

by inserting, immediately after the definition of “legal officer” in subsection (1), the following definitions:“ “marketing approval”, in relation to a pharmaceutical product, means a product licence under section 5 of the Medicines Act (Cap. 176);“medicinal product” has the same meaning as in the Medicines Act;”;

(d)

by inserting, immediately after the definition of “person” in subsection (1), the following definitions:“ “pharmaceutical product” means a medicinal product which is a substance used wholly or mainly by being administered to a human being for the purpose of treating or preventing disease, but does not include —

(a)

any substance which is used solely —

(i)

for diagnosis or testing; or

(ii)

as a device or mechanism, or an instrument, apparatus or appliance; or

(b)

any substance or class of substances specified in paragraph 2 or 3 of the Schedule;“prescribed form” means a form published by the Registrar under section 115A;”;

(e)

by inserting, immediately after the definition of “Registry” in subsection (1), the following definition:“ “relevant authority”, in relation to a pharmaceutical product, means the Health Sciences Authority established under the Health Sciences Authority Act (Cap. 122C);”; and

(f)

by inserting, immediately after subsection (3), the following subsection:“(3A) For the purposes of this Act —

(a)

a claim is related to another claim if —

(i)

the 2 claims are identical; or

(ii)

each limitation in the second claim —

(A)

is identical to a limitation in the first claim; or

(B)

differs from a limitation in the first claim only in expression but not in content; and

(b)

more than one claim may be related to a single claim.”.

Clause 2 — Patents (Amendment) Bill | laws.sg