Singapore legislation
Regulation 42A
Regulation 42A
Request for supplementary examination report
Subregulation 1
A request for a supplementary examination report under section 29(1)(d) shall be made on Patents Form 12A.
Subregulation 2
The prescribed documents referred to in section 29(1)(d) are —
where the applicant relies on the final results of any search and examination as to the substance of one corresponding application, corresponding international application or related national phase application —
either —
a copy of the patent granted by the patent office in question which is —
(AA)duly certified by that patent office; or
(AB)otherwise acceptable to the Registrar,and, where the patent is in a language other than English, an English translation of the patent; or
all of the following:
(BA)other documents, to the satisfaction of the Registrar, setting out the final results of the search and examination as to the substance of the corresponding application, corresponding international application or related national phase application, as the case may be;
(BB)where any document referred to in sub-paragraph (BA) is in a language other than English, an English translation of that document;
(BC)a copy of the patent claims referred to in the final results; and
a table setting out how each claim in the application in suit is related to at least one claim in the corresponding application, corresponding international application or related national phase application, as the case may be, being a claim which 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); or
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 any search and examination as to the substance of the application in suit during its international phase —
an international preliminary report on patentability in respect of the application in suit during its international phase and, where that international preliminary report on patentability is in a language other than English, an English translation of that international preliminary report on patentability; and
a table setting out how each claim in the application in suit is related to at least one claim in the application in suit during its international phase, being a claim which 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).
Subregulation 3
A request for a supplementary examination report under section 29(1)(d) shall not be treated as having been made unless the form required under paragraph (1) —
is filed with the prescribed documents referred to in paragraph (2); and
is accompanied by the prescribed fee.
Subregulation 4
In this rule, a reference to the final results of the search and examination as to the substance of a corresponding international application is a reference to an international preliminary report on patentability in respect of the corresponding international application.