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Singapore legislation

Regulation 19

of Patents Rules

Regulation 19

Application for grant of patent

Amended byS 81/2014 wef 14/02/2014S 81/2014 wef 14/02/2014S 81/2014 wef 14/02/2014S 688/2021 wef 01/10/2021S 81/2014 wef 14/02/2014

Subregulation 1

A request for the grant of a patent shall be made on Patents Form 1.

Subregulation 2

Where a document containing an indication that a patent is sought in pursuance of an application is filed with the Registrar without Patents Form 1 or the filing fee, the Form shall be filed with, and the fee shall be paid to, the Registry within one month from the date of the filing of the document.

Subregulation 3

The specification contained in an application for a patent made under section 25 shall state the title of the invention and continue with the description and the claim or claims and the drawings, if any, in that order.

Subregulation 4

Amended byS 81/2014 wef 14/02/2014

The title appearing in the request and the specification shall be the same title, shall be short and precise, and shall indicate the matter to which the invention relates; and if in the opinion of the Registrar it fails to comply with this paragraph, the Registrar may reframe it so that it does so comply.

Subregulation 5

The description shall first state the title of the invention as appearing in the request and shall —

(a)

specify the technical field to which the invention relates;

(b)

indicate the background art which, as far as it is known to the applicant, can be regarded as useful for the understanding, searching and examination of the invention;

(c)

disclose the invention as claimed in such terms that the technical problem, even if not expressly stated as such, and its solution can be understood, and shall state the advantageous effects, if any, of the invention with reference to the background art;

(d)

briefly describe the figures in the drawings, if any;

(e)

set forth at least one mode for carrying out the invention claimed, with examples where appropriate, and with reference to the drawings, if any; and

(f)

indicate explicitly, when it is not otherwise obvious from the description or the nature of the invention, the way or ways in which the invention satisfies the condition in section 13(1)(c) of being capable of industrial application.

Subregulation 6

Amended byS 81/2014 wef 14/02/2014

The number of claims shall be reasonable in consideration of the nature of the invention claimed.

Subregulation 6A

Amended byS 81/2014 wef 14/02/2014

Where there are 2 or more claims, the claims shall be numbered consecutively in Arabic numerals.

Subregulation 7

The definition in the claim of the matter for which protection is sought shall be in terms of the technical features of the invention which may be expressed in structural, functional or mathematical terms.

Subregulation 8

Claims shall be written —

(a)

in 2 parts, the first part consisting of a statement indicating those technical features of the invention which are necessary in connection with the definition of the claimed subject-matter and which, in combination, appear to be part of the prior art and the second part preceded by the words “characterised in that”, “characterised by”, “wherein the improvement comprises”, or other words to the same effect, followed by a statement stating concisely the technical features which, in combination with the features stated in the first part, define the matter for which protection is sought; or

(b)

in a single statement containing a recitation of a combination of several elements or steps, or a single element or step, which defines the matter for which protection is sought.

Subregulation 9

Claims shall not rely, in respect of the technical features of the invention, on references to the description or drawings, unless such a reference is necessary for the understanding of the claim or enhances the clarity or conciseness of the claim.

Subregulation 9A

Amended byS 688/2021 wef 01/10/2021

The applicant making the request under paragraph (1) may, at the time of making the request, provide the information mentioned in section 24(2).

Subregulation 10

Where —

(a)

the documents filed at the Registry to initiate an application for a patent include something which —

(i)

is or appears to be a description of the invention for which the patent is sought; and

(ii)

is in a language other than English; and

(b)

the applicant has not filed an English translation of that thing,the Registrar shall notify the applicant that an English translation of that thing is required.

Subregulation 11

Where the applicant has been notified under paragraph (10), he shall, within 2 months from the date of the notification, file an English translation of that thing.

Subregulation 12

If the applicant fails to comply with paragraph (11), the Registrar shall refuse his application for a patent.

Subregulation 13

Amended byS 81/2014 wef 14/02/2014

A request to withdraw an application for a patent shall be made by filing Form CM9.