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Singapore legislation

Regulation 42

of Patents Rules

Regulation 42

Request for examination report

Amended byS 81/2014 wef 14/02/2014S 81/2014 wef 14/02/2014S 652/2024 wef 16/08/2024S 399/2022 wef 26/05/2022S 81/2014 wef 14/02/2014S 81/2014 wef 14/02/2014S 81/2014 wef 14/02/2014S 81/2014 wef 14/02/2014

Subregulation 1

Amended byS 81/2014 wef 14/02/2014

A request for an examination report under section 29(1)(c) or (3) shall be made on Patents Form 12.

Subregulation 1A

Amended byS 81/2014 wef 14/02/2014

The prescribed documents referred to in section 29(1)(c) are —

(a)

where the applicant relies on the final results of a search in one corresponding application or related national phase application —

(i)

a copy of each of the final search results in respect of the corresponding application or related national phase application, as the case may be, together with a copy of each of the documents referred to in the final search results; and

(ii)

an English translation of each of the final search results that is in a language other than English;

(b)

where the applicant relies on the final results of a search in one corresponding international application —

(i)

a copy of each of the final international search results in respect of the corresponding international application together with a copy of each of the documents referred to in the final international search results; and

(ii)

an English translation of each of the final international search results that is in a language other than English;

(c)

where the application in suit is an international application for a patent (Singapore) that has entered the national phase in Singapore under section 86(3), and the applicant relies on the final results of a search during the international phase of the application in suit —

(i)

a copy of each of the final international search results in respect of the application in suit together with a copy of each of the documents referred to in the final international search results; and

(ii)

an English translation of each of the final international search results that is in a language other than English;

(d)

a list of references to the patent family members as corresponding to each document in a language other than English that is cited in the final search results referred to in sub-paragraph (a) or final international search results referred to in sub-paragraph (b) or (c), as the case may be; and

(e)

where any list of references to the patent family members referred to in sub-paragraph (d), or any part of that list, is in a language other than English, an English translation of that list or part.

Subregulation 1B

Amended byS 652/2024 wef 16/08/2024

If the final results of a search mentioned in paragraph (1A)(b) or (c) have been established by the Office under the Patent Co-operation Treaty, a copy of any document mentioned in paragraph (1A)(b), (c), (d) and (e) need not be filed.

Subregulation 2

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

A request for an examination report under section 29(1)(c) shall not be treated as having been made unless the form required under paragraph (1) —

(a)

is filed with the prescribed documents referred to in paragraph (1A), unless this is not required by virtue of paragraph (1B); and

(b)

is accompanied by the prescribed fee.

Subregulation 3

Amended byS 81/2014 wef 14/02/2014S 81/2014 wef 14/02/2014

Where —

(a)

an applicant has filed a request for an examination report under section 29(1)(c); and

(b)

any document referred to in the final search results referred to in paragraph (1A)(a) or final international search results referred to in paragraph (1A)(b) or (c), as the case may be, is in a language other than English,the Registrar may by letter require the applicant to furnish, within 2 months after the date of the Registrar’s letter —

(i)

an English translation of the whole or any part of that document; and

(ii)

a copy of a verification document —

(A)

made in accordance with the Registrar’s requirements; and

(B)

verifying that the translation corresponds to the original text of that document or part thereof.

Subregulation 4

Amended byS 81/2014 wef 14/02/2014

Where an applicant fails to comply with the Registrar’s requirements under paragraph (3)(i) and (ii) within 2 months after the date of the Registrar’s letter referred to in paragraph (3), the request for an examination report shall be treated as having been abandoned.