Patents Rules

In these Rules, unless the context otherwise requires —[Deleted by S 81/2014 wef 14/02/2014][Deleted by S 81/2014 wef 14/02/2014][Deleted by S 81/2014 wef 14/02/2014][Deleted by S 81/2014 wef 14/02/2014][Deleted by S 81/2014 wef 14/02/2014][Deleted by S 81/2014 wef 14/02/2014][Deleted by S 81/2014 wef 14/02/2014](2) In these Rules, except where otherwise indicated —

For the purposes of the definition of “examination” in section 2(1), the matters to be determined by an Examiner when conducting an examination in relation to an application for a patent are —

For the purposes of the definition of “search” in section 2(1), the matters to be discovered by an Examiner when conducting a search in relation to an application for a patent are the relevant prior art contained in —

For the purposes of the definition of “supplementary examination” in section 2(1), the matters to be determined by an Examiner when conducting a supplementary examination in relation to an application for a patent (referred to in this paragraph as the application in suit) are —

(ba)whether the invention defined in each claim of the specification of the application constitutes an invention;

The fees to be paid in respect of matters arising under the Act or these Rules shall be those specified in the First Schedule.

Unless otherwise provided for in these Rules, or the Registrar permits or directs otherwise —

Subject to paragraph (4), a fee must be paid using the mode of payment permitted or directed by the Registrar.

Where the electronic online system is used to carry out an act referred to in rule 96A(2), the fee payable in connection with that act must, unless otherwise permitted or directed by the Registrar, be paid using the mode of payment designated by the electronic online system.

The Registrar shall publish at the Office’s Internet website at http://www.ipos.gov.sg —

The Registrar may modify any form in any particular case or class of cases.

Any reference in these Rules to a numbered form shall be construed as a reference to the current version of the form bearing the corresponding number which is —

The matters referred to in the Act, including sections 17(6), 25(1) and (9), 26(8), 27(1), 28(4) and (8), 29(9), 29B(2), 31(1), 36A(10), 42(8), 80(9) and 108(1), of the Act, shall be filed with, made to or given to, the Registrar, or done in an effective and efficient manner by means which may be specified by the Registrar by the issuance of practice directions.

Where the Registrar has made an order for costs in favour of a party to proceedings before the Registrar and the party wishes to have party and party costs assessed by the Registrar, the party shall, within 8 weeks after the relevant date referred to in paragraph (1A) —

For the purposes of paragraph (1), the relevant date is —

Every bill of costs shall set out in 3 separate sections the following:

The costs claimed under paragraph (2)(a), (b) and (c) shall set out the sum claimed for each item.

The bill of costs shall set out in chronological order, with dates, all relevant events in the cause or matter, all relevant events in the assessment of costs, and all relevant events relating to the making of disbursements.

Where costs have already been awarded for any of the events set out, this fact and the amount awarded shall be indicated.

Any party on whom a copy of the bill of costs has been served in accordance with paragraph (1) shall, if he wishes to dispute the bill, within one month after the receipt of the copy of the bill, mark the copy thereof in accordance with paragraph (7) and send a copy thereof duly marked to both the Registrar and the party requesting for assessment.

A party on whom a copy of the bill of costs has been served shall effect marking on the copy thereof served by writing on the right hand margin against each item the word “Agree” if he agrees with the cost claimed for that item or the word “Disagree” if he disagrees.

Upon the expiry of the period of time referred to in paragraph (6), the Registrar shall give to the parties entitled to be heard in the assessment proceedings notice of the date and time appointed for assessment.

If any party entitled to be heard in any assessment proceedings before the Registrar does not attend at the time appointed for the assessment, the Registrar may proceed with the assessment.

The Registrar may, if he thinks it is necessary to do so, adjourn the proceedings from time to time.

The provisions in the Third Schedule shall apply to the sections of the bill of costs relating to —

When a bill of costs has been assessed, the Registrar must make the Registrar’s certificate for the amount of the assessed costs.

Costs awarded in proceedings before the Registrar are not intended to compensate the parties for the expense to which they have been put.

Paragraphs (3) and (5) do not apply to any assessment of costs or expenses of a party who is entitled under section 72(2) to the party’s costs or expenses as between solicitor and own client.

The written evidence filed under section 14(8) by an applicant for a patent must comply with the following requirements:

For the purposes of section 2(2), a statement may be published in the journal that an exhibition described in the statement falls within the definition of “international exhibition” in section 2(1).

In this rule, “foreign intellectual property office” has the same meaning as in section 14(11).

Subject to paragraph (2), a declaration for the purposes of section 17(2) made in or in connection with an application for a patent (referred to in this rule and rules 9A and 9B as the application in suit) shall be made at the time of filing the application in suit.

A declaration for the purposes of section 17(2) may be made after the date of filing if —

Where a request to the Registrar to correct a mistake in a declaration for the purposes of section 17(2) would, if granted, cause the declared priority date to be changed to a different date, the request shall not be granted unless —

For the purposes of paragraphs (2)(e) and (3)(d), the condition is that —

Subject to paragraph (6), a declaration for the purposes of section 17(2) shall specify, in respect of each priority application —

Where the application in suit is an international application for a patent (Singapore), paragraph (5) shall not apply in respect of a priority application if —

Where section 26(11) applies, a declaration for the purposes of section 17(2) shall not be made in or in connection with a new application referred to in section 26(11) if the declaration has not also been made in or in connection with the earlier application.

In this rule and rules 9B and 9C —

The period prescribed for the purposes of section 17(3)(b) shall be 2 months.

For the purposes of section 17(6)(a), a request under section 17(4) shall —

For the purposes of paragraph (2)(e)(ii), the condition is that —

Where the Registrar determines that every applicable condition referred to in section 17(6) for granting a request under section 17(4) has been satisfied, the Registrar shall grant the request and notify the applicant accordingly.

Where the condition referred to in section 17(6)(b) for granting a request under section 17(4) has not been satisfied, the Registrar shall notify the applicant that the Registrar intends to refuse the request unless —

Where paragraph (5) applies, the Registrar shall refuse the request under section 17(4), and shall inform the applicant accordingly, if —

Subject to paragraph (3), the applicant shall, before the end of the period of 16 months from the declared priority date, furnish to the Registry the application or file number of each priority application.

Subject to paragraph (3), if the applicant fails to comply with paragraph (1) in respect of any priority application, the declaration for the purposes of section 17 (2) shall be disregarded in so far as it relates to that priority application.

Where the application in suit is an international application for a patent (Singapore), paragraphs (1) and (2) shall not apply in respect of any priority application the application or file number of which has been indicated in compliance with rule 4.10(a) of the Regulations under the Patent Co-operation Treaty.

Where the Registrar, by notice sent to the applicant or proprietor (as the case may be), requires that applicant or proprietor to furnish to the Registry, in respect of any priority application, a copy of that priority application that is —

If the applicant or proprietor, as the case may be, fails to comply with paragraph (4) in respect of any priority application, the declaration for the purposes of section 17(2) shall be disregarded in so far as it relates to that priority application.

Where —

(BA)made in accordance with the Registrar’s requirements; and

(BB)verifying that the translation corresponds to the original text of that priority application.

The Registrar may, by notice, require to be filed at the Registry or sent to the Registrar, within such period as may be specified in the notice, the original of the verification document.

If the applicant or proprietor, as the case may be, fails to comply with —

A reference under section 20(1)(a) shall be made on Patents Form 2 and shall be accompanied by a statement setting out fully the nature of the question, the facts upon which the person making the reference relies and the order or other relief which he is seeking.

The Registrar shall send a copy of the reference and statement to —

If any person who is sent a copy of the reference and statement under paragraph (2) wishes to oppose the making of the order or the granting of the relief sought, he shall, within 2 months from the date of the Registrar’s letter forwarding such copies, file a counter-statement on Form HC6 setting out fully the grounds of his opposition and the Registrar shall send a copy of the counter-statement to the person making the reference and to those recipients of the copy of the reference and statement who are not party to the counter-statement.

The person making the reference or any such recipient may, within 2 months from the date of the Registrar’s letter forwarding a copy of the counter-statement, file evidence in support of his case and shall send a copy of the evidence —

Within 2 months from the date of the Registrar’s letter forwarding the copy of such evidence to him or, if no such evidence is filed, within 2 months from the expiration of the period within which the copy of such evidence could have been filed, the opponent may file evidence in support of his case and shall send a copy of the evidence so filed to the person making the reference and those recipients; and, within 2 months from the date of receipt of the copy of the opponent’s evidence, that person or any of those recipients may file further evidence confined to matters strictly in reply and shall send a copy of it to the persons mentioned in paragraph (4)(a) and (b).

No further evidence shall be filed except with permission or by direction of the Registrar.

The Registrar may give such directions as he may think fit with regard to any aspect of the procedure for the reference.

A reference under section 20(1)(b) shall be made on Patents Form 2 and shall be accompanied by a statement setting out fully the nature of the question, the facts relied upon by the co-proprietor making the reference and the order he is seeking.

The Registrar shall send a copy of the reference and statement to —

Any person who receives a copy of the reference and statement and who wishes to oppose the order sought may, within 2 months from the date of the Registrar’s letter forwarding copies of the reference and statement, file a counter-statement on Form HC6 setting out fully the grounds of his opposition.

The Registrar shall, as appropriate, send a copy of any counter-statement to —

Any person who receives a copy of the counter-statement may, within 2 months from the date of the Registrar’s letter forwarding such copy, file evidence in support of his case and shall send a copy of the evidence so filed to the co-proprietor making the reference and to each person who has filed a counter-statement.

Any person entitled to receive a copy of the evidence filed under paragraph (5) may, within 2 months from the date of receipt of the copy of such evidence or, if no such evidence is filed, within 2 months from the expiration of the period within which it could have been filed, file evidence in support of his case and shall send a copy of the evidence so filed to each of the other parties listed in paragraph (4).

Any person who receives a copy of the evidence filed under paragraph (6) may, within 2 months from the date of receipt of the copy of such evidence, file further evidence confined to matters strictly in reply and shall, as appropriate, send a copy of the evidence so filed to the parties listed in paragraph (4).

No further evidence shall be filed by any party except with permission or by direction of the Registrar.

The Registrar may give such directions as he may think fit with regard to any aspect of the procedure for the reference.

Where an order is made under section 20 that an application for a patent shall proceed in the name of one or more persons none of whom was an original applicant, the Registrar shall notify all original applicants and their licensees, of whom he is aware, of the making of the order.

A person notified under paragraph (1) may make a request under section 23 (3) within 2 months from the date of the notification received from the Registrar.

An application under section 20(5) for authority to do anything on behalf of a person to whom directions have been given under section 20(2)(d) or (4) shall be made in writing and shall be accompanied by a statement setting out fully all the facts upon which the applicant relies and the nature of the authorisation sought.

The applicant shall, at the time the application and the statement are filed, serve on the person alleged to have failed to comply with the directions a copy of the application and a copy of the statement.

The Registrar may give such directions as he may think fit with regard to any aspect of the procedure for the application.

A request under section 22 by a joint applicant shall be made in writing and shall be accompanied by a statement setting out fully the facts upon which he relies and the directions which he seeks.

The person making the request shall, at the time the request and the statement are filed, serve on every other joint applicant a copy of the request and a copy of the statement.

Any other joint applicant who wishes to oppose the request shall —

The Registrar may give such directions as he may think fit with regard to any aspect of the procedure for the request.

Where, following the making of such an order as is mentioned in section 23(3), a question is referred to the Registrar under section 23(5) as to whether any person is entitled to be granted a licence or whether the period or terms of the licence are reasonable, the reference shall be made in writing and shall be accompanied by a statement setting out fully the facts upon which the person making the reference relies and the terms of the licence which he is prepared to accept or grant.

The person making the reference shall, at the time the reference and the statement are filed, serve on every relevant person a copy of the reference and a copy of the statement.

Any relevant person who does not agree to grant or accept a licence for such period and upon such terms shall —

The Registrar may give such directions as he may think fit with regard to any aspect of the procedure for the reference.

In this rule, “relevant person” means a person (not being the person making the reference) in whose name the application is to proceed, or who claims to be entitled to be granted a licence, as the case may be.

An application to the Registrar under section 24(1) or (3) by any person who alleges —

The Registrar shall send a copy of any such application and statement to —

Any recipient of the copies of the application and the statement who wishes to oppose the application shall —

The Registrar may give such directions as he may think fit with regard to any aspect of the procedure for the application.

The document prescribed for the purposes of section 24(1) shall be an addendum or erratum slip.

Subject to rules 28 and 86(8) and (8A), the period prescribed for the purposes of section 24 (2) shall be —

A statement filed under section 24(2) shall be made on Patents Form 8.

[Deleted by S 688/2021 wef 01/10/2021]

Where the application is an international application for a patent (Singapore), the requirements of paragraph (1) shall be treated as having been complied with if the provisions of rules 4.1(a)(iv) and 4.6 of the Regulations under the Patent Co-operation Treaty have been complied with, whether or not there was any requirement that they be complied with.

A request for the grant of a patent shall be made on Patents Form 1.

Where a document containing an indication that a patent is sought in pursuance of an application is filed with the Registrar without Patents Form 1 or the filing fee, the Form shall be filed with, and the fee shall be paid to, the Registry within one month from the date of the filing of the document.

The specification contained in an application for a patent made under section 25 shall state the title of the invention and continue with the description and the claim or claims and the drawings, if any, in that order.

The title appearing in the request and the specification shall be the same title, shall be short and precise, and shall indicate the matter to which the invention relates; and if in the opinion of the Registrar it fails to comply with this paragraph, the Registrar may reframe it so that it does so comply.

The description shall first state the title of the invention as appearing in the request and shall —

The number of claims shall be reasonable in consideration of the nature of the invention claimed.

Where there are 2 or more claims, the claims shall be numbered consecutively in Arabic numerals.

The definition in the claim of the matter for which protection is sought shall be in terms of the technical features of the invention which may be expressed in structural, functional or mathematical terms.

Claims shall be written —

Claims shall not rely, in respect of the technical features of the invention, on references to the description or drawings, unless such a reference is necessary for the understanding of the claim or enhances the clarity or conciseness of the claim.

The applicant making the request under paragraph (1) may, at the time of making the request, provide the information mentioned in section 24(2).

Where —

Where the applicant has been notified under paragraph (10), he shall, within 2 months from the date of the notification, file an English translation of that thing.

If the applicant fails to comply with paragraph (11), the Registrar shall refuse his application for a patent.

A request to withdraw an application for a patent shall be made by filing Form CM9.

Where an application for a patent discloses a sequence, the description of the application for the patent must include a sequence listing, presented as a separate part of the description and in a manner that complies with the practice directions issued by the Registrar.

Where an application for a patent discloses a sequence and —

If the applicant does not, within the period specified in the invitation given under paragraph (2), submit the required sequence listing, the Examiner need only search the application to the extent that a meaningful search may be carried out —

Any sequence listing not included in the description of an application for a patent on the date of filing of the application as defined in section 2(1), including a sequence listing submitted pursuant to paragraph (2), does not form part of the application for the patent.

To avoid doubt, paragraph (4) does not prevent the applicant from amending or correcting, in accordance with any provision of the Act or these Rules, the description of an application for a patent in relation to a sequence listing.

Drawings forming part of an application for a patent made under section 25 shall be on sheets the size of which shall be A4 (29.7 cm x 21 cm).

The sheets shall not contain frames round the usable or used surface.

The minimum margins shall be as follows:

The margins, when submitted, must be completely blank.

Drawings shall be executed as follows:

Flow sheets and diagrams shall be considered drawings for the purposes of these Rules.

Paragraphs (1) to (4) and (5)(f), (g) and (j) shall not apply to any drawing to be filed with the Registry using the electronic online system, and that drawing shall instead comply with practice directions issued by the Registrar in place of the requirements of those paragraphs.

The abstract shall contain a concise summary of the disclosure as contained in the specification.

The summary shall indicate the technical field to which the invention belongs and be drafted in such a way which allows a clear understanding of the technical problem to which the invention relates, the gist of the solution of that problem through the invention, and the principal use or uses of the invention.

Where appropriate, the abstract shall also contain the chemical formula which, among those contained in the specification, best characterises the invention but shall not contain statements on the alleged merits or value of the invention or on its speculative application.

The abstract shall be as concise as the disclosure permits and shall normally not contain more than 150 words.

If the specification contains any drawings, the applicant shall indicate on the abstract the figure or, exceptionally, the figures (which must in no case exceed 2) of the drawings which he suggests should accompany the abstract when published.

The Registrar may decide to publish one or more other figures if he considers that they better characterise the invention.

Each main feature mentioned in the abstract and illustrated by a drawing shall be followed by the reference sign used in that drawing.

The abstract shall be so drafted that it constitutes an efficient instrument for the purposes of searching in the particular technical field, in particular by making it possible to assess whether there is a need to consult the specification itself.

Subject to paragraph (29), this rule shall apply to all documents (including drawings) making up an application for a patent, including any replacement thereof, to be filed with the Registry by any means.

All documents referred to in paragraph (1) shall be in English.

Unless otherwise provided, the specification (including any drawing therein), abstract and any replacement sheet thereof shall be filed singly.

All documents referred to in paragraph (1) shall be so presented as to permit direct reproduction by photography, electrostatic or electronic processes, scanning, photo offset and microfilming, in an unlimited number of copies.

All sheets must be free from cracks, creases and folds.

Only one side of the sheet shall be used.

All documents referred to in paragraph (1) shall be in A4 paper size (29.7 cm x 21 cm) and shall be on pliable, strong, white, smooth, matt and durable paper.

Each sheet (other than drawings) shall be used with its short sides at the top and bottom (upright position).

The request for the grant of a patent, the description, claims, drawings and abstract shall each commence on a new sheet.

The sheets shall be so connected that they can be easily turned when consulted, and easily separated and joined again if they have been separated.

The minimum margins of the sheets containing the description, the claims and the abstract shall be as follows:

The margins of the documents making up the application, when filed, and of any replacement documents, must be completely blank.

In the application, except in the drawings —

All sheets of drawings contained in the application shall be numbered consecutively as a separate series.

Such numbering shall be in Arabic numerals placed at the top or bottom of the sheet, in the middle, but not in the top or bottom margin.

Every document (other than drawings) referred to in paragraph (1) shall be typed or printed in a dark, indelible colour in at least 1½ line spacing and in characters of which the capital letters are not less than 0.21 cm high except that graphic symbols and characters and chemical and mathematical formulae may be written or drawn, in a dark indelible colour.

The request for the grant of a patent, the description, claims and abstract shall not contain drawings.

The description, claims and abstract may contain chemical or mathematical formulae.

The description and the abstract may contain tables.

The claims may contain tables only if their subject-matter makes the use of tables desirable.

In all documents referred to in paragraph (1), units of weights and measures shall be expressed in terms of the metric system.

If a different system is used, units of weights and measures shall also be expressed in terms of the metric system.

Temperatures shall be expressed in degrees Celsius.

For the other physical values, the units recognised in international practice shall be used, for mathematical formulae the symbols in general use, and for chemical formulae the symbols, atomic weights and molecular formulae in general use shall be employed.

In general, use should be made of technical terms, signs and symbols generally accepted in the field in question.

If a formula or symbol is used in the specification, a copy thereof, prepared in the same manner as drawings, shall be furnished if the Registrar so directs.