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Singapore legislation

Regulation 110

of Patents Rules

Regulation 110

Calculation of times or periods

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

Subregulation 1

Amended byS 688/2021 wef 01/10/2021

Where, on any day, there is an interruption in —

(a)

the postal service of Singapore; (b)the operation of the Registry; or

(c)

the operation of the electronic online system,the Registrar may issue practice directions to declare that day as one on which there has been an “interruption” and, where any period of time specified in the Act or these Rules for the making, filing, giving, sending or serving of any notice, application or other document expires on a day so declared, the period is extended to the first following day (not being an excluded day) which is not so declared.

Subregulation 2

[Deleted by S 81/2014 wef 14/02/2014]

Subregulation 3

Where, in or in connection with an application for a patent (“the application in suit”), it is desired to make a declaration specifying for the purposes of section 17(2) an earlier relevant application and the period of 12 months immediately following the date of filing the earlier relevant application ends on a day which is an excluded day for the purposes of section 111, then if the declaration is made on the first following day on which the Registry is open for the transaction of such business, such period shall be altered so as to include both the day of filing of the earlier relevant application and the day on which the declaration is made in or in connection with the application in suit.

Subregulation 4

Amended byS 688/2021 wef 01/10/2021

Where it is desired to make a declaration under section 17(2) and the period of 12 months referred to in paragraph (3) from the date of filing the earlier relevant application ends on a day declared under paragraph (1) as being one on which there is an interruption, and if the declaration under section 17(2) is made on the first day after the end of the interruption, the period shall be altered so as to include both the day of filing of the earlier relevant application and the day on which the declaration under section 17(2) is made in or in connection with the application in suit.

Subregulation 5

Amended byS 688/2021 wef 01/10/2021

Where an application for a patent is filed on the day immediately following a day which is declared under paragraph (1) as being one on which there is an interruption or which is an excluded day for the purposes of section 111, the period of 12 months specified in section 14(4) shall be computed from the day after the next preceding day which is neither so declared nor so excluded.

Subregulation 6

Amended byS 688/2021 wef 01/10/2021S 688/2021 wef 01/10/2021S 688/2021 wef 01/10/2021

If in any particular case the Registrar is satisfied that the failure to make, file, give, send or serve any notice, application or other document within —

(a)

any period of time specified in the Act or these Rules for such making, filing, giving, sending or serving;

(b)

the period of 12 months following a disclosure of matter constituting an invention falling within paragraph (a), (b), (c) or (d) of section 14(4); or

(c)

the period of 12 months referred to in paragraph (3),was wholly or mainly attributable to a failure or undue delay in the postal services in Singapore (in the case of where a party is authorised or required to give, send or serve a document on another party) or the electronic online system, the Registrar may, if he thinks fit —

(i)

extend the period of time for the making, filing, giving, sending or serving so that it ends on the day of the receipt by the addressee of the notice, application or other document (or, if the day of such receipt is an excluded day, on the first following day which is not an excluded day);

(ii)

determine that the period of 12 months referred to in sub-paragraph (b) shall be altered so that it begins on the day of the disclosure and ends on the day of receipt by the Registry of the application for the patent (or, if the day of such receipt is an excluded day, on the first following day which is not an excluded day); or

(iii)

determine that the period of 12 months referred to in paragraph (3) shall be altered so as to include both the day of filing of the earlier relevant application and the day on which the declaration specifying that application is received by the Registry (or, if the day of such receipt is an excluded day, the first following day which is not an excluded day),as the case may be, in each case upon such notice to other parties and upon such terms as he may direct.

Subregulation 7

Amended byS 399/2022 wef 26/05/2022

In paragraphs (1) and (6), “excluded day” means an excluded day for the business of making, filing, giving, sending or serving the notice, application or other document mentioned in that paragraph.