Singapore legislation
Regulation 11
Regulation 11
References by co-proprietors under section 20(1)(b)
Subregulation 1
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.
Subregulation 2
The Registrar shall send a copy of the reference and statement to —
each co-proprietor who is not a party to the reference and who has not otherwise indicated, in writing, his consent to the making of the order sought;
any person to whom it is alleged in the reference that any right in or under an application for a patent should be transferred or granted;
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 has given notice to the Registrar of a relevant transaction, instrument or event; and
every person who has been identified in the application for the 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
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.
Subregulation 4
The Registrar shall, as appropriate, send a copy of any counter-statement to —
each co-proprietor who is a party to the reference; and
any person to whom a copy of the reference and statement were sent pursuant to paragraph (2).
Subregulation 5
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.
Subregulation 6
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).
Subregulation 7
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).
Subregulation 8
No further evidence shall be filed by any party except with permission or by direction of the Registrar.
Subregulation 9
The Registrar may give such directions as he may think fit with regard to any aspect of the procedure for the reference.