Singapore legislation

Regulation 108

Extension of time limits in general

Amended byS 432/2020 wef 05/06/2020S 573/2017 wef 30/10/2017S 573/2017 wef 30/10/2017S 573/2017 wef 30/10/2017S 688/2021 wef 01/10/2021S 399/2022 wef 26/05/2022S 573/2017 wef 30/10/2017S 688/2021 wef 01/10/2021S 81/2014 wef 14/02/2014S 573/2017 wef 30/10/2017

Subregulation 1

Amended byS 432/2020 wef 05/06/2020

Subject to paragraphs (2), (3) and (4) and rules 108A and 108B, any time or period prescribed by these Rules for doing any act or taking any proceedings, and any time or period specified by the Registrar under these Rules, may, on written request by a party made no later than 6 months after the first expiry of the time or period, be extended by the Registrar if he thinks fit, upon such notice to the parties and upon such terms as he may direct.

Subregulation 2

Amended byS 573/2017 wef 30/10/2017S 573/2017 wef 30/10/2017S 573/2017 wef 30/10/2017S 688/2021 wef 01/10/2021S 399/2022 wef 26/05/2022

Any time or period prescribed in any of the following provisions shall not be extended:

(a)

paragraphs (1), (3) and (5);

(aa)paragraph (4) (except where paragraph (7) provides otherwise);

(b)

rules 9(1), (2) and (3), 9A(1) and (2)(a), 19(2), 26(5), 26A(1) and (5)(a), 28(a), (b), (c) and (d), 29(4), 34(2), 46(4), (4A) and (5)(c), 46AA, 49, 51(1), (2), (2A) and (3A), 51A(1) and (2), 52(2), 52A(8), 53(1), 58A(3), 73(1), 74(1), 75, 85(1), 86(3A), 88(8)(a), 88A(11) and 91(5) and paragraph 4(2) of the Fourth Schedule;

(c)

rule 26(3) (except so far as it relates to the filing of the documents prescribed under rule 26(4)(a) and (b));

(d)

rule 26A(4) (except so far as it relates to the furnishing of the information prescribed under rule 26A(6)(b) and the filing of the documents prescribed under rule 26A(7)); and

(e)

rule 34(5) (except so far as it relates to the furnishing of the information prescribed under rule 34(7)(b) and the filing of the documents prescribed under rule 34(8)).

Subregulation 3

Amended byS 573/2017 wef 30/10/2017

Any time or period prescribed in any of the following provisions shall be extended for a total period not exceeding 6 months, beginning immediately after the first expiry of the time or period for which the extension is sought, upon filing Patents Form 45 no later than 6 months after the first expiry of the time or period for which the extension is sought:

(a)

rule 9A(5), 9B(1) or (4), 9C(1), 17(3), 28(e) or (g), 45(2), 46A(2) or (5), 51A(3), 53(4), 67, 68, 84(1), 88(1) or 112(4) or (5)(b) or paragraph 1(3) of the Fourth Schedule;

(b)

rule 26A(4) (so far as it relates to the furnishing of the information prescribed under rule 26A(6)(b) and the filing of the documents prescribed under rule 26A(7)); or

(c)

rule 34(5) (so far as it relates to the furnishing of the information prescribed under rule 34(7)(b) and the filing of the documents prescribed under rule 34(8)).

Subregulation 4

Amended byS 688/2021 wef 01/10/2021

Any time or period prescribed in any of the following provisions shall be extended for a total period not exceeding 18 months, beginning immediately after the first expiry of the time or period for which the extension is sought, upon filing Patents Form 45 no later than 18 months after the first expiry of the time or period for which the extension is sought:

(a)

rule 18(1), 19(11), 26(2), 28(f), 34(1A), 38, 42(3), 43, 47(1) or (2) or 86(1), (6), (8) or (8A); or

(b)

rule 26(3) (so far as it relates to the filing of the documents prescribed under rule 26(4)(a) and (b)).

Subregulation 5

Without prejudice to paragraphs (3) and (4), the Registrar may, if he thinks fit, allow any time or period prescribed in any provision listed in paragraph (3) or (4) to be further extended, upon such terms as he may direct, if all of the following requirements are satisfied:

(a)

a request to further extend the time or period is made on Patents Form 45 —

(i)

in the case of a time or period prescribed in any provision listed in paragraph (3), no later than 6 months after the first expiry of the time or period; or

(ii)

in the case of a time or period prescribed in any provision listed in paragraph (4), no later than 18 months after the first expiry of the time or period;

(b)

the time or period has already been extended —

(i)

in the case of a time or period prescribed in any provision listed in paragraph (3), by 6 months; or

(ii)

in the case of a time or period prescribed in any provision listed in paragraph (4), by 18 months;

(c)

the request is accompanied by a statutory declaration, or an affidavit, setting out the grounds for the request.

Subregulation 6

Amended byS 81/2014 wef 14/02/2014

A single request may be made under paragraph (5) for the extension of more than one time or period in the same proceedings if the extensions are to be made to a common date (but not otherwise).

Subregulation 7

Amended byS 573/2017 wef 30/10/2017

Where —

(a)

after receiving the search report under section 29(2)(b) from the Registrar, the applicant does not file a request for an examination report under section 29(3) within the period prescribed in rule 43(1) or (2) (whichever is applicable) for filing that request; and

(b)

the time prescribed under paragraph (4) for filing Patents Form 45 to extend that period expires before, or within 3 months after, 30 October 2017,the time prescribed under paragraph (4) for filing that Form is extended to the end of 6 months after that date.

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