Singapore legislation
Clause 2
Clause 2
Amendment of section 2
Section 2 of the Patents Act is amended —
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 —
forms the basis for a priority claim under section 17 in the application in suit; or
is subject to a priority claim based on —
the application in suit; or
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 —
forms the basis for a priority claim under section 17 in the application in suit; or
is subject to a priority claim based on —
the application in suit; or
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;”;
by inserting, immediately after the definition of “international exhibition” in subsection (1), the following definition:“ “international preliminary report on patentability” means —
an international preliminary report on patentability (Chapter I of the Patent Co-operation Treaty); or
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;”;
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;”;
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 —
any substance which is used solely —
for diagnosis or testing; or
as a device or mechanism, or an instrument, apparatus or appliance; or
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;”;
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
by inserting, immediately after subsection (3), the following subsection:“(3A) For the purposes of this Act —
a claim is related to another claim if —
the 2 claims are identical; or
each limitation in the second claim —
is identical to a limitation in the first claim; or
differs from a limitation in the first claim only in expression but not in content; and
more than one claim may be related to a single claim.”.