Patents Act 1994 · 2020 Revised Edition · Part 12 · Use of Patented Inventions for Services of Government
60. Nature and scope of rights under section 56
Feedback & supportLast amended by an amending law of 2008.
The right to use a patented invention under section 56 —
right
“right”, in relation to any patent or application, includes an interest in the patent or application and, without prejudice to the foregoing, any reference to a right in a patent includes a reference to a share in the patent;
is not exclusive;
must not be assigned otherwise than in connection with the goodwill of the business in which the patented invention is used; and
is, despite subsection (3)(a) of section 56, limited to the supply of the patented invention predominantly in Singapore by the Government or a party authorised by the Government under that section.
The right under section 56 to use a relevant health product which is imported under section 56(2) does not include a right to export 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;
The right to use a patented invention under section 56 may, on the application of any interested party, be terminated by the court, where the court is satisfied that the circumstances that gave rise to the right to use the patented invention have ceased to exist and are unlikely to recur.
patented invention
“patented invention” means an invention for which a patent is granted and “patented process” is to be construed accordingly;
Where the court has terminated the right under section 56 to use a patented invention, the court may make such consequential orders as it thinks necessary.