Singapore legislation
Clause 28
Clause 28
Savings and transitional provisions
(1)
Subject to subsections (2) and (3), sections 2(a), (c), (f) and (g), 4 to 9 and 18 (referred to in this subsection and subsections (2) and (3) as the relevant provisions) shall not apply to any application for a patent that is filed before the date of commencement of the relevant provisions, or to any patent granted pursuant to any such application, and the definition of “international preliminary report on patentability” in section 2(1), and sections 26(11), 28, 29, 30, 31, 35(2), 36A and 69(3), of the Patents Act in force immediately before that date shall continue to apply to every such application for a patent and every such patent as if the relevant provisions had not been enacted.
(2)
The relevant provisions shall apply to —
every new application for a patent made, on or after the date of commencement of the relevant provisions, under section 20(3) or 47(4) of the Patents Act which is treated as having been filed on a date that is before the date of commencement of the relevant provisions, and to every patent granted pursuant to any such application; and
every new application for a patent filed, on or after the date of commencement of the relevant provisions, under section 26(11) of the Patents Act which is treated as having as its date of filing a date that is before the date of commencement of the relevant provisions, and to every patent granted pursuant to any such application.
(3)
The relevant provisions shall apply to every international application for a patent (Singapore) that enters the national phase in Singapore under section 86(3) of the Patents Act on or after the date of commencement of the relevant provisions, and to every patent granted pursuant to any such application.
(4)
Section 3 shall not apply to any request made before the date of commencement of that section for the withdrawal of an application for a patent, and section 25(8) of the Patents Act in force immediately before that date shall continue to apply to every such request as if section 3 had not been enacted.
(5)
Section 10 shall not apply to any request made before the date of commencement of that section for a search and examination report in respect of any claim or claims in the specification of a patent, and section 38A of the Patents Act in force immediately before that date shall continue to apply to every such request as if section 10 had not been enacted.
(6)
Section 11 shall not apply to any patent that lapsed before the date of commencement of that section, and section 39(5) of the Patents Act in force immediately before that date shall continue to apply to every such patent as if section 11 had not been enacted.
(7)
Sections 12 and 20 shall not apply to any notice given before the date of commencement of those sections by a person to the Registrar of the person’s opposition to the surrender of a patent under section 40 of the Patents Act, and sections 40(2) and 96(3)(c) of that Act in force immediately before that date shall continue to apply to every such notice as if sections 12 and 20 had not been enacted.
(8)
Section 17 shall not apply to any application made before the date of commencement of that section under section 54(1) or (3) of the Patents Act, and section 54(5) of that Act in force immediately before that date shall continue to apply to every such application as if section 17 had not been enacted.
(9)
For a period of 2 years after the commencement of this subsection, the Minister may, by order published in the Gazette, prescribe such other provisions of a savings or transitional nature consequent on the enactment of this Act as he may consider necessary or expedient.