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Singapore legislation

Regulation 26A

of Patents Rules

Regulation 26A

Missing parts

Amended byS 81/2014 wef 14/02/2014S 81/2014 wef 14/02/2014S 399/2022 wef 26/05/2022S 399/2022 wef 26/05/2022

Subregulation 1

Amended byS 81/2014 wef 14/02/2014

The period prescribed for the purposes of section 26(8) shall be —

(a)

if the applicant makes a request under section 26(9)(b)(i) —

(i)

subject to sub-paragraph (ii), 3 months from the date of filing of the application for a patent; or

(ii)

where a new application has been filed under section 20(3), 26(11) or 47(4), 3 months from the initiation date; or

(b)

if the applicant does not make any request under section 26(9)(b)(i), any time before the applicant —

(i)

files a request for a search report under section 29(1)(a);

(ii)

files a request for a search and examination report under section 29(1)(b);

(iii)

files a request for an examination report under section 29(1)(c); or

(iv)

files a request for a supplementary examination report under section 29(1)(d).

Subregulation 2

Amended byS 81/2014 wef 14/02/2014

For the purposes of section 26(8), any missing part of an application for a patent shall be filed on Patents Form 56.

Subregulation 3

An applicant may only withdraw a missing part by giving written notice to the Registrar.

Subregulation 4

The period prescribed for the purposes of section 26(9)(b) shall be —

(a)

subject to sub-paragraph (b), 3 months from the date of filing of the application for a patent; or

(b)

where a new application has been filed under section 20(3), 26(11) or 47(4), 3 months from the initiation date.

Subregulation 5

Any request under section 26(9)(b) (i) shall —

(a)

be made at the time the applicant files any missing part of the application under section 26(8);

(b)

be accompanied by —

(i)

the statement under section 26(9)(b)(ii);

(ii)

the information under section 26(9)(b)(iii); and

(iii)

the documents under section 26(9)(b)(iv); and

(c)

be considered never to have been made unless every requirement under section 26(9) has been complied with.

Subregulation 6

The information on an earlier relevant application prescribed for the purposes of section 26(9)(b)(iii) shall be —

(a)

the date of filing of the earlier relevant application;

(b)

the application or file number of the earlier relevant application; and

(c)

the country in or for which the earlier relevant application was made.

Subregulation 7

Amended byS 399/2022 wef 26/05/2022

The documents prescribed for the purposes of section 26(9)(b)(iv) are —

(a)

a copy of the earlier relevant application mentioned in section 26(9)(a) that is —

(i)

duly certified by the authority with which it was filed; or

(ii)

otherwise acceptable to the Registrar; and

(b)

where the earlier relevant application is in a language other than English — an English translation of that earlier relevant application or of every part of that earlier relevant application in which the missing part of the application for a patent is contained.

Subregulation 8

Amended byS 399/2022 wef 26/05/2022

Paragraph (7)(a) or (b) does not apply if a copy of the earlier relevant application, or an English translation of the earlier relevant application or of every part of the earlier relevant application in which the missing part of the application for a patent is contained (as the case may be), had previously been filed at the Registry.