Singapore legislation
Regulation 109
Regulation 109
Protection and compensation of persons affected by extension of time
Subregulation 1
Where the Registrar has granted a total extension of time of more than 6 months under rule 108(1), or an extension of time under rule 108(5), for any act in relation to an application for a patent that had been published under section 27, or in proceedings under the Act or these Rules which has not been so done within the time required, he shall publish in the journal a notification of his decision.
Subregulation 2
Where the Registrar has granted or refused a total extension of time of more than 6 months under rule 108(1), or an extension of time under rule 108(5), for any act in relation to an application for a patent that had been published under section 27, or in proceedings under the Act or these Rules, and where the court reviews the decision of the Registrar under section 90 or 91 and decides to vary the decision under review or set aside the decision under review and make a decision in substitution for the decision so set aside, the Registrar shall cause to be published in the journal a notification of the decision of the court.
Subregulation 3
Where a notification referred to in paragraph (1) or (2) has been published, a person who availed himself, or took definite steps by way of contract or otherwise to avail himself, of the invention and the subject of the application for the patent concerned by reason of the act or step in relation to which the extension was granted not having been done or taken within the time allowed shall have the right to continue to avail himself of the invention but this right does not extend to granting a licence to another person in respect of the invention.
Subregulation 4
If the person entitled to the right conferred by paragraph (3) availed himself, or took the steps to avail himself, of the invention in the course of business, that person may —
authorise any partners of his for the time being in that business to avail themselves of the invention; and
assign that right, or transmit it on death (or in the case of a body corporate, on its dissolution), to any person who acquires that part of the business.
Subregulation 5
Where a product is disposed of to another in exercise of the rights conferred by paragraph (3) or (4), that other person and any person claiming through him may deal with the product in the same way as if it has been disposed by the registered proprietor of the patent.