Singapore legislation
Regulation 10
Regulation 10
References under section 20(1)(a)
Subregulation 1
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.
Subregulation 2
The Registrar shall send a copy of the reference and statement to —
any person (other than the person referred to in paragraph (1)) alleged in the reference to be entitled to be granted a patent for the invention;
any person (not being a party to the reference) who is shown in the register as having a right in or under the patent application;
any person (not being a party to the reference) who is an applicant for the patent or has given notice to the Registrar of a relevant transaction, instrument or event; and
every person who has been identified in the application for a patent or a statement filed under section 24(2)(a) as being, or being believed to be, the inventor or joint inventor of the invention.
Subregulation 3
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.
Subregulation 4
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 —
in any case, to the opponent; and
in the case of evidence filed by such a recipient, to the person making the reference.
Subregulation 5
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).
Subregulation 6
No further evidence shall be filed except with permission or by direction of the Registrar.
Subregulation 7
The Registrar may give such directions as he may think fit with regard to any aspect of the procedure for the reference.