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Singapore legislation

Regulation 45

of Patents Rules

Regulation 45

Search and examination procedure where 2 or more inventions claimed or new application filed under section 26(11)

Amended byS 81/2014 wef 14/02/2014S 399/2022 wef 26/05/2022S 81/2014 wef 14/02/2014S 688/2021 wef 01/10/2021S 399/2022 wef 26/05/2022

Subregulation 1

Amended byS 81/2014 wef 14/02/2014

If during the preparation of a report under section 29(1)(a) or (b) it appears that an application relates to 2 or more inventions, but they are not so linked as to form a single inventive concept, the search may be restricted to one in relation to the first invention specified in the claims of the application, and the Registrar shall notify the applicant of that fact.

Subregulation 1A

Amended byS 399/2022 wef 26/05/2022

If during the preparation of an examination report under section 29(1)(c), it appears that an application relates to 2 or more inventions, but they are not so linked as to form a single inventive concept, the examination may be restricted to one in relation to the first invention specified in the claims of the application, and the Registrar must notify the applicant of that fact.

Subregulation 2

If the applicant desires a search to be conducted in relation to a second or subsequent invention specified in the claims, he shall, within 2 months from the date of the Registrar’s notification referred to in paragraph (1), request on Patents Form 10 for a supplementary search report and pay the prescribed search fee for each invention in respect of which the search is to be made.

Subregulation 3

Amended byS 81/2014 wef 14/02/2014

If a new application for a patent is filed under section 26(11) in respect of any part of the matter contained in an earlier application for a patent, the applicant may, in lieu of complying with section 29(1)(a), notify the Registrar in writing that he intends to rely on —

(a)

any search report or supplementary search report established in the earlier application; or

(b)

where the earlier application is an international application for a patent (Singapore) that has entered the national phase in Singapore under section 86(3), any international search report or international supplementary search report established during the international phase of the earlier application.

Subregulation 4

Amended byS 688/2021 wef 01/10/2021S 399/2022 wef 26/05/2022

Rule 42(2), (3) and (4) shall apply to any request for an examination report that is filed by an applicant who relies on an international search report or international supplementary search report under paragraph (3).