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Singapore legislation

Regulation 31

of Patents Rules

Regulation 31

Address for service

Amended byS 216/2022 wef 01/04/2022S 216/2022 wef 01/04/2022S 739/2014 wef 13/11/2014S 739/2014 wef 13/11/2014S 216/2022 wef 01/04/2022S 216/2022 wef 01/04/2022S 739/2014 wef 13/11/2014S 146/2017 wef 01/04/2017S 739/2014 wef 13/11/2014S 739/2014 wef 13/11/2014S 399/2022 wef 26/05/2022S 399/2022 wef 26/05/2022S 399/2022 wef 26/05/2022S 399/2022 wef 26/05/2022

Subregulation 1

Amended byS 216/2022 wef 01/04/2022S 216/2022 wef 01/04/2022

For the purposes of any proceedings before the Registrar, an address for service in Singapore shall be furnished in accordance with paragraph (2) by or on behalf of —

(a)

every applicant for a patent;

(b)

every person who initiates any proceedings with notice before the Registrar under rule 6, 7, 10, 11, 12, 14, 15, 16, 17, 52, 65, 66, 69, 71, 74, 80, 85 or 91, or paragraph 3 of the Fourth Schedule;

(c)

every proprietor of a patent who is a party to any proceedings with notice before the Registrar, but did not initiate those proceedings; and

(d)

every other party to any proceedings before the Registrar.

Subregulation 2

Amended byS 739/2014 wef 13/11/2014

Where any form, or any application, request, reference or notice, referred to in paragraph (3) is required to be filed in relation to the proceedings, the address for service shall be furnished on that form, application, request, reference or notice, as the case may be.

Subregulation 3

Amended byS 739/2014 wef 13/11/2014S 216/2022 wef 01/04/2022S 216/2022 wef 01/04/2022S 739/2014 wef 13/11/2014S 146/2017 wef 01/04/2017S 739/2014 wef 13/11/2014S 739/2014 wef 13/11/2014

The effect of furnishing an address for service shall be as follows:

(a)

where the address for service is furnished on —

(i)

Patents Form 1 or 37; or

(ii)

any application made under rule 86(9) or (13),the address for service shall be effective for the purposes of all proceedings in respect of the patent, or the application for a patent, in relation to which that form is filed or the application is made, as the case may be;

(b)

where the address for service is furnished on —

(i)

Patents Form 2, 7, 35 or 58;

(ii)

Form HC4 or HC6;

(iii)

Patents Form 28 (in so far as the form relates to an application referred to in rule 73(1));

(iv)

an application referred to in rule 14(1) or 71(1);

(v)

a request referred to in rule 15(1) or made under paragraph 3(4) of the Fourth Schedule;

(vi)

a reference referred to in rule 16(1); or

(vii)

a notice filed under paragraph 3(6) of the Fourth Schedule,the address for service shall be effective for the purposes of the proceedings in relation to which that form or notice is filed, or that application, request or reference is made, as the case may be;

(c)

where the address for service is furnished on Patents Form 15, 19, 20 or 53, the address for service shall be effective only for the purposes of all renewal applications or proceedings in respect of the patent in relation to which that form is filed;

(d)

where the address for service is furnished on —

(i)

[Deleted by S 399/2022 wef 26/05/2022](ii)Form CM1, CM2, CM10 or CM12;

(iii)

an application made under rule 64(1); or

(iv)

a request mentioned in rule 92(1) or (2) or made under paragraph 2(1) of the Fourth Schedule,the address for service is effective only for the matter for which that form is filed or that application or request is made, as the case may be;

(e)

where the address for service is furnished on Form CM6, the address for service shall be effective for the purposes of all proceedings in respect of the licence in relation to which that form is filed;

(f)

where the address for service is furnished on Form CM7, the address for service shall be effective for the purposes of all proceedings in respect of the security interest in relation to which that form is filed;

(g)

where the address for service is furnished on Form CM8 —

(i)

if there are 2 addresses for service furnished on that form —

(A)

one address for service shall be furnished for the purpose of registering the transfer of the patent, or the application for a patent, in relation to which that form is filed, and shall be effective only for that purpose; and

(B)

the other address for service shall be effective for the purposes of all other proceedings in respect of that patent or application; or

(ii)

if there is only one address for service furnished on that form, the address for service shall be effective for the purposes of all proceedings in respect of the patent, or the application for a patent, in relation to which that form is filed.

Subregulation 4

Amended byS 399/2022 wef 26/05/2022

Where —

(a)

an address for service is not furnished by or on behalf of any person mentioned in paragraph (1)(b), (c) or (d) as required by that paragraph; and

(b)

no address is furnished under paragraph (3) by or on behalf of the person for the purposes of any of the proceedings mentioned in that paragraph,the Registrar may, subject to paragraph (5), treat the person’s trade or business address in Singapore as that person’s address for service for the purposes of those proceedings.

Subregulation 5

Amended byS 399/2022 wef 26/05/2022

Where the trade or business address of the person is not known to the Registrar, the Registrar may send to the person, at an alternative address of the person, a notice to furnish an address for service for the purposes of the proceedings mentioned in paragraph (4)(b), within 2 months after the date of the notice.

Subregulation 5A

Amended byS 399/2022 wef 26/05/2022

Where the Registrar does not have any alternative address of the person to send the notice under paragraph (5), or where the Registrar has sent a notice under that paragraph but no address for service is provided within 2 months after the date of the notice —

(a)

in the case of a person mentioned in paragraph (1)(b) — the proceedings in question are treated as withdrawn; and

(b)

in the case of a proprietor mentioned in paragraph (1)(c) or a party mentioned in paragraph (1)(d) — the proprietor or party is not permitted to take part in the proceedings in question.

Subregulation 6

Anything sent to or served on a person at his address for service shall be taken to have been duly sent to or served on the person.

Subregulation 7

Amended byS 399/2022 wef 26/05/2022

In paragraphs (5) and (5A), “alternative address” means —

(a)

any address (not being an email address) that was previously provided by the person to the Registrar in relation to a matter under these Rules concerning the person that is the same as the matter at hand; or

(b)

any email address that was previously provided by the person to the Registrar in relation to a matter under these Rules that is the same as the matter at hand, where the person had given prior consent for that email address to be used for correspondence with the person for such matter.