Clause 5

Where an application for a patent complies with all the formal requirements referred to in section 28(1), the Registrar shall send a notification to the applicant.(2) Upon receiving the Registrar’s notification under subsection (1), the applicant shall comply with any of the following paragraphs which is applicable within the period prescribed for that paragraph:

where the application is not an international application for a patent (Singapore) that has entered the national phase in Singapore under section 86(3), file a request in the prescribed form and pay the prescribed fee for a search report;

file a request in the prescribed form and pay the prescribed fee for a search and examination report;

where a corresponding application for a patent has been filed at any prescribed patent office —

file —

a copy of the search report in respect of the corresponding application;

where the search report is not in English, an English translation of the search report;

a copy of each prescribed document and, where required by the rules, an English translation of the document if it is not in English; and

a request in the prescribed form for an examination report,and pay the prescribed fee for an examination report; or

file —

in the prescribed form, the prescribed information relating to the corresponding application; and

where the prescribed information includes any document that is not in English, an English translation of such document;

where a corresponding international application for a patent has been filed —

file —

a copy of the international search report in respect of the corresponding international application;

where the international search report is not in English, an English translation of the international search report;

a copy of each prescribed document and, where required by the rules, an English translation of the document if it is not in English; and

a request in the prescribed form for an examination report,and pay the prescribed fee for an examination report; or

file —

in the prescribed form, the prescribed information relating to the corresponding international application; and

where the prescribed information includes any document that is not in English, an English translation of such document;

where the application is an international application for a patent (Singapore) that has entered the national phase in Singapore under section 86(3) —

file —

a copy of the international search report issued in respect of the application;

where the international search report is not in English, an English translation of the international search report;

a copy of each prescribed document and, where required by the rules, an English translation of the document if it is not in English; and

a request in the prescribed form for an examination report,and pay the prescribed fee for an examination report; or

file a notice in the prescribed form of the applicant’s intention to rely on the international preliminary report on patentability in respect of that application.(3) Where the applicant has filed a request and paid the prescribed fee for a search report under subsection (2)(a), the Registrar shall —

cause the application to be subjected to a search by an Examiner to discover the relevant prior art contained in —

such documentation as may be prescribed; and

any additional documentation that the Examiner is aware of and considers to be relevant; and

upon receiving the search report prepared by the Examiner, send the applicant a notification and a copy of the search report.(4) Upon receiving the search report under subsection (3)(b) from the Registrar, the applicant shall, within the prescribed period, file a request in the prescribed form and pay the prescribed fee for an examination report.(5) Where the applicant has filed a request and paid the fee for an examination report under subsection (2)(c)(i), (d)(i) or (e)(i) or (4), the Registrar shall —

cause the application to be subjected to an examination by an Examiner to determine —

whether the conditions specified in sections 13 and 25 (4) and (5) have been complied with;

whether the application discloses any additional matter referred to in section 84(1); and

whether the application discloses any matter extending beyond that disclosed in the application as filed,taking into consideration all the relevant prior art, if any, that the Examiner is aware of or that has been referred to in the search report or international search report, as the case may be; and

upon receiving the examination report prepared by the Examiner, send the applicant a notification and a copy of the examination report.(6) Where the applicant has filed a request and paid the fee for a search and examination report under subsection (2)(b), the Registrar shall —

cause the application to be subjected to —

a search by an Examiner to discover the relevant prior art contained in —

such documentation as may be prescribed; and

any additional documentation that the Examiner is aware of and considers to be relevant; and

an examination by an Examiner to determine —

whether the conditions specified in sections 13 and 25 (4) and (5) have been complied with;

whether the application discloses any additional matter referred to in section 84(1); and

whether the application discloses any matter extending beyond that disclosed in the application as filed,taking into consideration all the relevant prior art, if any, that the Examiner is aware of or that has been discovered in the search; and

upon receiving the search and examination report prepared by the Examiner, send the applicant a notification and a copy of the search and examination report.(7) If, within the prescribed period under —

paragraph (b), (c)(i) or (ii), (d)(i) or (ii) or (e)(i) or (ii) of subsection (2); or

subsection (4),an applicant files a request in the prescribed form and pays the prescribed fee for that period to be extended, the applicant shall perform the acts set out in that provision within the prescribed extended period for performing those acts.Grant of patent30.—

Subject to subsection (4), the Registrar shall grant the applicant a patent if —

the conditions in subsection (2) are satisfied before the end of the prescribed period or any extension thereof; and

the conditions in subsection (3) have been satisfied.(2) The conditions referred to in subsection (1)(a) are —

that all the formal requirements have been complied with;

that the Registrar has received —

the search report referred to in section 29(3) and the examination report referred to in section 29(5);

the search and examination report referred to in section 29(6);

the search report referred to in section 29(2)(c)(i), the examination report referred to in section 29(5) and, where the search report is not in English, an English translation of the search report;

the prescribed information referred to in section 29(2)(c)(ii) or (d)(ii) and, where the prescribed information includes any document that is not in English, an English translation of such document;

the international search report referred to in section 29(2)(d)(i) or (e)(i), the examination report referred to in section 29(5) and, where the international search report is not in English, an English translation of the international search report; or

in the case of an international application for a patent (Singapore) which has entered the national phase in Singapore under section 86(3), as an alternative to the document or documents referred to in any of sub-paragraphs (ii), (iii), (iv) and (v) —

the notice referred to in section 29(2)(e)(ii);

an international search report in respect of that application;

an international preliminary report on patentability in respect of that application; and

where any report referred to in sub-paragraph (B) or (C) is not in English, an English translation of that report;

that the prescribed documents for the grant of the patent have been filed; and

that the prescribed fee for the grant of the patent has been paid.(3) The conditions referred to in subsection (1)(b) are —

that —

the document or documents received by the Registrar under subsection (2)(b) do not disclose any unresolved objection on the ground that the claim or claims in the application do not relate to one invention or to a group of inventions which are so linked as to form a single inventive concept; or

if any such objection is disclosed, the applicant has satisfied the Registrar that the objection has been resolved;

where the applicant relies on any examination report referred to in section 29(5), any search and examination report referred to in section 29(6) or any international preliminary report on patentability referred to in subsection (2)(b)(vi), that each claim in the application at the time the prescribed documents for the grant of the patent were filed and the prescribed fee for the grant of the patent was paid is related to at least one claim in the application at the time the report was issued —

which has been examined; and

which is referred to in the report;

where the applicant relies on the prescribed information relating to a corresponding application referred to in section 29(2)(c)(ii) or the prescribed information relating to a corresponding international application referred to in section 29(2)(d)(ii), at the time the prescribed documents for the grant of the patent were filed and the prescribed fee for the grant of the patent was paid, that each claim in the application is related to at least one claim —

which is set out in the prescribed information relating to the corresponding application or corresponding international application, as the case may be; and

which has been examined to determine whether the claim appears to satisfy the criteria of novelty, inventive step (or non-obviousness) and industrial applicability (or utility);

that the invention is not an invention referred to in section 13(2); and

that there is —

no other application for a patent for the same invention having the same priority date filed by the same applicant or his successor in title; and

no earlier grant of a patent for the same invention having the same priority date to the same applicant or his successor in title.(4) If, within the prescribed period under subsection (1)(a) —

an appeal is filed in court in respect of an application; and

the applicant applies to the court to extend that period while the appeal is pending,the court may extend that period to such date as the court may determine.(5) Where the conditions in subsection (2) are not satisfied before the end of the prescribed period under subsection (1)(a) or any extension thereof, the applicant shall be deemed to have abandoned his application at the end of that period.(6) If the Registrar is of the opinion that any condition in subsection (3) has not been satisfied —

the Registrar shall send a notification to the applicant setting out the grounds for the Registrar’s objection to granting a patent;

the applicant shall have the right to respond to the Registrar’s objection within a period specified by the Registrar;

unless the Registrar withdraws his objection, the applicant shall, within a period specified by the Registrar and subject to section 84, amend the specification of his application in accordance with the prescribed conditions, with a view to satisfying the conditions in subsection (3); and

if any condition in subsection (3) remains unsatisfied at the end of the period referred to in paragraph (c), the applicant shall be deemed to have abandoned his application at the end of that period.”.