Singapore legislation

Clause 2

of Patents (Amendment) Bill

Clause 2

Amendment of section 14

Section 14 of the Patents Act is amended —

(a)

by deleting paragraph (c) of subsection (4) and substituting the following paragraph:“(c)the disclosure was due to, or made in consequence of, the inventor displaying the invention at an international exhibition;”;

(b)

by deleting the full‑stop at the end of paragraph (d) of subsection (4) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:“(e)subject to subsections (5A) and (5B), the disclosure was made to the public by the inventor, or by a person who obtained the matter directly or indirectly from the inventor, in any circumstances not described in paragraphs (a) to (d).”;

(c)

by inserting, immediately after subsection (5), the following subsections:“(5A) Subsection (4)(e) applies to the disclosure of matter constituting an invention due to, or in consequence of, the publication by an intellectual property administrator (being a person who obtained the matter directly or indirectly from the inventor) of an application for an intellectual property right (being an application containing the matter, but not being the application for a patent mentioned in subsection (4)), or a registration of an intellectual property right pursuant to such an application, only if —

(a)

the application was filed, without the consent of the inventor, by a person who obtained the matter directly or indirectly from the inventor; or

(b)

the publication was erroneous by reason that —

(i)

the application had been withdrawn, refused or abandoned before the date of the publication; and

(ii)

consequently, the publication was not required under the law (whether of Singapore or elsewhere) or treaty governing the application.(5B) For the purposes of subsection (4)(e), where —

(a)

the disclosure of matter constituting an invention is due to, or in consequence of, the publication by an intellectual property administrator (being a person who obtained the matter directly or indirectly from the inventor) of an application for an intellectual property right (being an application containing the matter, but not being the application for a patent mentioned in subsection (4)), or a registration of an intellectual property right pursuant to such an application; and

(b)

the publication was erroneous by reason that the publication occurred earlier than provided under the law (whether of Singapore or elsewhere) or treaty governing the application,the matter is to be treated as disclosed to the public on the date when the publication should have occurred under that law or treaty.”;

(d)

by inserting, immediately before subsection (6), the following subsection:“(5C) If the applicant relies on any circumstances described in any paragraph of subsection (4) when —

(a)

complying with section 29(1)(b) or (c), (3) or (9); or

(b)

making a request under section 29B(1) for a review of an examination report issued under section 29(4) or a search and examination report issued under section 29(5),the applicant must file written evidence complying with the prescribed requirements in support of the applicant’s reliance on those circumstances.”; and

(e)

by inserting, immediately after subsection (7), the following subsection:“(8) In this section —“foreign intellectual property office” means —

(a)

any national or regional office outside Singapore that performs functions similar to those that are performed by —

(i)

the Registry;

(ii)

the Registry of Plant Varieties established under section 7 of the Plant Varieties Protection Act (Cap. 232A);

(iii)

the Registry of Designs established under section 51 of the Registered Designs Act (Cap. 266); or

(iv)

the Registry of Trade Marks established under section 64 of the Trade Marks Act (Cap. 332);

(b)

the International Bureau; or

(c)

the International Bureau as defined in section 2(1) of the Registered Designs Act or section 2(1) of the Trade Marks Act;“intellectual property administrator” means —

(a)

the Registrar; (b)the Registrar of Designs; (c)the Registrar of Plant Varieties; (d)the Registrar of Trade Marks; or (e)a foreign intellectual property office; “Registrar of Designs” means the Registrar of Designs appointed under section 49 of the Registered Designs Act, and includes a Deputy Registrar of Designs and an Assistant Registrar of Designs appointed under that section;“Registrar of Plant Varieties” means the Registrar of Plant Varieties appointed under section 5 of the Plant Varieties Protection Act, and includes a Deputy Registrar of Plant Varieties and an Assistant Registrar of Plant Varieties appointed under that section;“Registrar of Trade Marks” means the Registrar of Trade Marks appointed under section 62 of the Trade Marks Act, and includes a Deputy Registrar of Trade Marks and an Assistant Registrar of Trade Marks appointed under that section.”.

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