Patents Act 1994 · 2020 Revised Edition · Part 12 · Use of Patented Inventions for Services of Government
56. Use of patented inventions by Government and authorised parties
Feedback & supportLast amended by an amending law of 2008.
Subject to sections 60, 61 and 62, but despite any other section of this Act, the Government and any party authorised in writing by the Government may do anything in relation to a patented invention —
patented invention
“patented invention” means an invention for which a patent is granted and “patented process” is to be construed accordingly;
for a public non-commercial purpose; or
for or during a national emergency or other circumstances of extreme urgency,and anything done by virtue of this section does not amount to an infringement of the patent.
Without limiting subsection (1), subject to sections 60, 61 and 62, but despite any other section of this Act, the Government and any party authorised in writing by the Government may import any relevant health product, and do anything in relation to any relevant health product so imported, for or during a national emergency or other circumstances of extreme urgency, if the Government has given the Council for TRIPS a relevant notification in relation to the relevant health product.
relevant health product
“relevant health product” means a patented invention which is a product referred to in —(a)paragraph 1(a) of the Doha Declaration Implementation Decision; or(b)paragraph 1(a) of the Annex to the TRIPS Agreement;
For the purposes of this section and section 57 —
any use of an invention for the supply to the government of any country outside Singapore, pursuant to any agreement or arrangement between the Government of Singapore and the government of that country, of articles required for the defence of that country is deemed to be a use of the invention for a public non‑commercial purpose; and
the power of the Government or any party authorised by the Government to do anything in accordance with this section does not, in the case of a patent relating to an integrated circuit, extend to sale of the invention to the public.
The purchaser of any article sold in the exercise of the powers conferred by this section, and any person claiming through the purchaser, has power to deal with it in the same manner as if the patent were held on behalf of the Government.
In this section —
“integrated circuit” means a product, in its final or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and on, or in or on, a piece of material and which is intended to perform an electronic function;
“relevant notification” means a notification that satisfies the requirements of —
paragraph 2(a) of the Doha Declaration Implementation Decision; or
Doha Declaration Implementation Decision
“Doha Declaration Implementation Decision” means the Decision adopted by the General Council of the World Trade Organisation on 30 August 2003 on the implementation of paragraph 6 of the Declaration on the TRIPS Agreement and Public Health adopted in Doha on 14 November 2001;
paragraph 2(a) of the Annex to the TRIPS Agreement.
TRIPS Agreement
“TRIPS Agreement” means the Agreement on Trade-Related Aspects of Intellectual Property Rights, set out in Annex 1C to the WTO Agreement, as revised or amended from time to time;