Patents Act 1994 · 2020 Revised Edition · Part 4 · Right to Apply for and Obtain Patent
23. Effect of transfer of application under section 20 or 22
Feedback & supportWhere an order is made or directions are given under section 20 or 22 that an application for a patent must proceed in the name of one or some of the original applicants (whether or not it is also to proceed in the name of some other person), any licences or other rights in or under the application, subject to the provisions of the order and any directions under either of those sections, continue in force and are treated as granted by the persons in whose name the application is to proceed.
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 117(3);
Where an order is made or directions are given under section 20 that an application for a patent must proceed in the name of one or more persons none of whom was an original applicant (on the ground that the original applicant or applicants was or were not entitled to be granted the patent), any licences or other rights in or under the application, subject to the provisions of the order and any directions under that section and subject to subsection (3), lapse on the registration of the person or those persons as the applicant or applicants or, where the application has not been published, on the making of the order.
If before registration of a reference under section 20 resulting in the making of any order mentioned in subsection (2) —
the original applicant or any of the applicants, acting in good faith, worked the invention in question in Singapore or made effective and serious preparations to do so; or
a licensee of the applicant, acting in good faith, worked the invention in Singapore or made effective and serious preparations to do so,that or those original applicant or applicants or the licensee, on making a request within the prescribed period to the person in whose name the application is to proceed, are entitled to be granted a licence (but not an exclusive licence) to continue working or (as the case may be) to work the invention.
Any such licence must be granted for a reasonable period and on reasonable terms.
Where an order is made as mentioned in subsection (2), the person in whose name the application is to proceed or any person claiming that he, she or it is entitled to be granted any such licence may refer to the Registrar the question whether the latter is so entitled and whether any such period is or terms are reasonable.
Registrar
“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
The Registrar must determine the question under subsection (5) and may, if the Registrar considers it appropriate, order the grant of such a licence.