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Singapore legislation

Regulation 51

of Patents Rules

Regulation 51

Renewal of patents

Amended byS 399/2022 wef 26/05/2022S 399/2022 wef 26/05/2022

Subregulation 1

If it is desired to keep a patent in force for a further year or part thereof after the expiration of the fourth or any succeeding year from the date of filing an application for that patent as determined in accordance with section 26, section 116(6) of the Patents Act (Cap. 221, 1995 Ed.) or section 117(4), an application for its renewal, in respect of the next succeeding year, accompanied by the prescribed renewal fee for that year, shall be filed in the 3 months ending with the fourth or, as the case may be, succeeding anniversary of the date of filing.

Subregulation 2

Where a patent is granted under section 30 after the expiry of the period of 45 months from the date of filing, the application for the renewal of the patent may be filed, and any renewal fees which have become due (including any fees due in respect of preceding years) may be paid, at any time up to the end of the period of 3 months from the date on which the patent is granted.

Subregulation 2A

Where the Registrar has extended the term of a patent under section 36A after the expiry of the period of 20 years referred to in section 36(1), an application for the renewal of the patent may be filed, and any renewal fees which have become due (including any fees due in respect of preceding years) may be paid, within 3 months from the date of the certificate of extension of patent term issued under section 36A(11) in respect of the patent.

Subregulation 3

Amended byS 399/2022 wef 26/05/2022

An application for the renewal of a patent under this rule, or a late application for the renewal of a patent referred to in section 36(3), shall be filed —

(a)

on Patents Form 15.

(b)

[Deleted by S 399/2022 wef 26/05/2022]

Subregulation 3A

Amended byS 399/2022 wef 26/05/2022

For the purposes of section 36(3), the prescribed period is 6 months.

Subregulation 3B

On receipt by the Registrar of —

(a)

an application for the renewal of a patent that is filed in accordance with the Act and these Rules; and

(b)

payment for the renewal fee and (if applicable) the additional fee for late application, that is made in accordance with the Act and these Rules,the patent shall be renewed.

Subregulation 4

Where the period for payment of a renewal fee pursuant to paragraph (1) has expired, the Registrar shall, not later than one month from the last date for payment under that paragraph and if the fee still remains unpaid, send to the proprietor of the patent a notice reminding him that payment is overdue and of the consequences of non-payment.

Subregulation 5

Where a patent to which section 117(3) applies has never been renewed under paragraph (1), the application of section 36(4) in relation to the patent is modified to the extent that the Registrar is not required to send a notice reminding the proprietor of the patent that the payment is overdue.

Subregulation 6

[Deleted by S 81/2014 wef 14/02/2014]

Subregulation 7

[Deleted by S 81/2014 wef 14/02/2014]

Subregulation 8

[Deleted by S 300/2000 wef 03/07/2000]