Singapore legislation
Regulation 34
Regulation 34
Preliminary examination
Subregulation 1
Where, on a preliminary examination of an application for a patent (referred to in this paragraph as the application in suit), the Registrar finds that a declaration for the purposes of section 17(2) specifies a date of filing for an earlier relevant application which is more than 12 months before the date of filing of the application in suit, the Registrar shall notify the applicant accordingly.
Subregulation 1A
The period prescribed for the purposes of section 28(4) shall be 2 months after the date of the Registrar’s notification under section 28(4).
Subregulation 2
The period prescribed for the purposes of section 28(8) shall be —
if the applicant makes a request under section 28(9)(b)(i), 3 months from the date of the Registrar’s notification under section 28(7); or
if the applicant does not make any request under section 28(9)(b)(i), any time before the applicant —
files a request for a search report under section 29(1)(a);
files a request for a search and examination report under section 29(1)(b);
files a request for an examination report under section 29(1)(c); or
files a request for a supplementary examination report under section 29(1)(d).
Subregulation 3
For the purposes of section 28(8), any drawing or part of the description of the invention that is missing from the application shall be filed on Patents Form 56.
Subregulation 4
An applicant may only withdraw the drawing or part of the description of the invention that is missing from the application by giving written notice to the Registrar.
Subregulation 5
The period prescribed for the purposes of section 28(9)(b) shall be 3 months from the date of the Registrar’s notification under section 28(7).
Subregulation 6
Any request under section 28(9)(b)(i) shall —
be made at the time the applicant files the drawing or part of the description of the invention that is missing from the application under section 28(8);
be accompanied by —
the statement under section 28(9)(b)(ii);
the information under section 28(9)(b)(iii); and
the documents under section 28(9)(b)(iv); and
be considered never to have been made unless every requirement under section 28(9) has been complied with.
Subregulation 7
The information on an earlier relevant application prescribed for the purposes of section 28(9)(b)(iii) shall be —
the date of filing of the earlier relevant application;
the application or file number of the earlier relevant application; and
the country in or for which the earlier relevant application was made.
Subregulation 8
The documents prescribed for the purposes of section 28(9)(b)(iv) are —
a copy of the earlier relevant application mentioned in section 28(9)(a) that is —
duly certified by the authority with which it was filed; or
otherwise acceptable to the Registrar; and
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 drawing or part of the description of the invention that is missing from the application for a patent is contained.
Subregulation 9
Paragraph (8)(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 drawing or part of the description of the invention that is missing from the application for a patent is contained (as the case may be), had previously been filed at the Registry.