Singapore legislation

Regulation 2A

Definitions of “examination”, “search” and “supplementary examination” in Act

Amended byS 573/2017 wef 30/10/2017S 399/2022 wef 31/12/2021S 573/2017 wef 30/10/2017S 81/2014 wef 14/02/2014S 399/2022 wef 31/12/2021

Subregulation 1

Amended byS 573/2017 wef 30/10/2017S 399/2022 wef 31/12/2021

For the purposes of the definition of “examination” in section 2(1), the matters to be determined by an Examiner when conducting an examination in relation to an application for a patent are —

(a)

whether, taking into consideration all the relevant prior art, if any, that the Examiner is aware of or that has been discovered in a search —

(i)

the invention defined in each claim of the specification of the application satisfies each condition or requirement for patentability under section 13;

(ii)

the conditions specified in section 25(4) and (5) have been complied with;

(iii)

the application discloses any additional matter referred to in section 84(1) or (2) or any matter referred to in section 84(3);

(b)

whether the description, or any claim or drawing, in the application is so unclear, or any claim in the application is so inadequately supported by the description, that no meaningful opinion can be formed on whether the claimed invention satisfies all or any of the conditions for patentability under section 13(1);

(c)

whether any claim in the application relates to an invention for which no search has been completed; and

(d)

whether there is —

(i)

any other application for a patent for the same invention, with the same priority date, filed by the same applicant or his successor in title; and

(ii)

any earlier grant of a patent for the same invention, with the same priority date, to the same applicant or his successor in title.

Subregulation 2

For the purposes of the definition of “search” in section 2(1), the matters to be discovered by an Examiner when conducting a search in relation to an application for a patent are the relevant prior art contained in —

(a)

the documentation prescribed under rule 40; and

(b)

any additional documentation that the Examiner is aware of and considers to be relevant.

Subregulation 3

Amended byS 573/2017 wef 30/10/2017S 81/2014 wef 14/02/2014S 399/2022 wef 31/12/2021

For the purposes of the definition of “supplementary examination” in section 2(1), the matters to be determined by an Examiner when conducting a supplementary examination in relation to an application for a patent (referred to in this paragraph as the application in suit) are —

(a)

whether each claim in the application is supported by the description of the invention;

(b)

whether, at the time the prescribed documents referred to in section 29(1)(d) are filed, each claim in the application in suit is related to at least one claim which —

(i)

is set out in the prescribed documents relating to the corresponding application, corresponding international application or related national phase application referred to in section 29(1)(d), or to the application in suit during its international phase; and

(ii)

has been examined to determine whether the claim appears to satisfy the criteria of novelty, inventive step (or non-obviousness) and industrial applicability (or utility);

(ba)whether the invention defined in each claim of the specification of the application constitutes an invention;

(c)

whether the invention is an invention referred to in section 13(2) that is not patentable;

(d)

whether the invention is an invention referred to in section 16(2) that is not to be taken to be capable of industrial application;

(e)

whether there is —

(i)

any other application for a patent for the same invention, with the same priority date, filed by the same applicant or his successor in title; and

(ii)

any earlier grant of a patent for the same invention, with the same priority date, to the same applicant or his successor in title; and

(f)

whether the application discloses any additional matter referred to in section 84(1) or (2) or any matter referred to in section 84(3).

Read in full context — Patents Rules →