Singapore legislation
Clause 105
of Patents Bill
Clause 105
Persons entitled to describe themselves as patent agents
(1)
An individual who is not a registered patent agent shall not —
carry on a business (otherwise than in partnership) under any name or other description which contains the words “patent agent” or “patent attorney”; or
in the course of a business otherwise describe himself or permit himself to be described as a “patent agent” or “patent attorney”.
(2)
A partnership shall not —
carry on a business under any name or other description which contains the words “patent agent” or “patent attorney”; or
in the course of a business otherwise describe itself or permit itself to be described as a firm of “patent agents” or “patent attorneys”,unless all the partners are registered patent agents or the partnership satisfies such conditions as may be prescribed for the purposes of this section.
(3)
A body corporate shall not —
carry on a business (otherwise than in partnership) under any name or other description which contains the words “patent agent” or “patent attorney”; or
in the course of a business otherwise describe itself or permit itself to be described as a “patent agent” or “patent attorney”,unless all the directors of the body corporate are registered patent agents or the body corporate satisfies such conditions as may be prescribed for the purposes of this section.
(4)
A person who contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both.
(5)
This section shall not be construed as prohibiting an advocate and solicitor from taking part in proceedings relating to patents and applications for patents and, in particular, shall not derogate from section 94 as it applies to advocates and solicitors.
(6)
A registered patent agent shall not be guilty of an offence under section 33 of the Legal Profession Act [Cap. 161] by reason only of the preparation by him for use in proceedings on appeal under this Act to the court from the Registrar of any document other than a deed.
(7)
No offence is committed under section 33 of the Legal Profession Act [Cap. 161] by any person by reason only of the preparation by him of a document (other than a deed) for use in proceedings before the Registrar in relation to any patent or application for a patent.
(8)
Where this section would be contravened by the use of the words “patent agent” or “patent attorney” in reference to an individual, partnership or body corporate, it is equally contravened by the use of other expressions in reference to that person, or his business or place of business, which are likely to be understood as indicating that he is entitled to be described as a “patent agent” or “patent attorney”.
(9)
In this section “director”, in relation to a body corporate whose affairs are managed by its members, means any member of the body corporate.