Clause 24

Notwithstanding anything in section 105, an individual may carry on a business, practise or act as a foreign patent agent if, and only if, he is a registered foreign patent agent.(2) Notwithstanding anything in section 105, a partnership may carry on a business, practise or act as foreign patent agents if, and only if, at least one partner thereof is a registered foreign patent agent.(3) Notwithstanding anything in section 105, a body corporate may carry on a business, practise or act as a foreign patent agent if, and only if, at least one director thereof is a registered foreign patent agent.(4) For the purposes of section 105 and this section, a person is taken to carry on a business, practise or act as a foreign patent agent if, and only if, the person does, or undertakes to do, on behalf of someone else, any of the following in Singapore for gain:

applying for or obtaining patents at any place other than the Registry;

preparing specifications or other documents for the purposes of —

the patent law of any country other than Singapore; or

an international application for a patent which, on its date of filing, designates any country other than Singapore (whether or not it also designates Singapore); or

giving advice (other than advice of a scientific or technical nature) about the validity, or infringement, of patents under the patent law of any country other than Singapore.(5) Except as permitted under subsections (1) to (4), a registered foreign patent agent —

shall not carry on a business, practise or act as a patent agent; and

shall not purport to carry on a business, practise or act as a patent agent.(6) Notwithstanding anything in section 105, if an individual is a registered foreign patent agent, he —

may carry on a business under any name or other description which contains the words “foreign patent agent” or “foreign patent attorney”; and

may in the course of a business otherwise describe himself, hold himself out or permit himself to be described or held out as a “foreign patent agent” or “foreign patent attorney”.(7) Notwithstanding anything in section 105, if at least one partner of a partnership is a registered foreign patent agent, the partnership —

may carry on a business under any name or other description which contains the words “foreign patent agent” or “foreign patent attorney”; and

may in the course of a business otherwise describe itself, hold itself out or permit itself to be described or held out as a firm of “foreign patent agents” or “foreign patent attorneys”.(8) Notwithstanding anything in section 105, if at least one director of a body corporate is a registered foreign patent agent, the body corporate —

may carry on a business under any name or other description which contains the words “foreign patent agent” or “foreign patent attorney”; and

may in the course of a business otherwise describe itself, hold itself out or permit itself to be described or held out as a “foreign patent agent” or “foreign patent attorney”.(9) No person (other than an individual, a partnership and a body corporate referred to in subsections (6), (7) and (8), respectively) shall —

carry on a business under any name or other description which contains the words “foreign patent agent” or “foreign patent attorney”; or

describe himself, hold himself out or permit himself to be described or held out as a “foreign patent agent” or “foreign patent attorney”.(10) Any person who contravenes subsection (5) or (9) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.(11) Where subsection (9) would be contravened by the use of the words “foreign patent agent” or “foreign patent attorney” in reference to an individual, a partnership or a body corporate, it is equally contravened by the use of any other expression in reference to that person, or that person’s business or place of business, which is likely to be understood as indicating that that person is entitled to be described as a “foreign patent agent” or “foreign patent attorney”.(12) In this section —“director”, in relation to a body corporate whose affairs are managed by its members, means any member of the body corporate;“patent” includes any patent or other protection for an invention granted in any country or jurisdiction other than Singapore.”.