Singapore legislation
Regulation 52
Regulation 52
Amendment of specification after grant
Subregulation 1
An application to the Registrar for permission to amend the specification of a patent shall be made on Patents Form 17.
Subregulation 1A
If the Registrar is satisfied that the application may be allowed, the Registrar shall advertise the application by publishing the application and the reasons for the proposed amendment in the journal and in such other manner, if any, as the Registrar may direct.
Subregulation 2
Any person wishing to oppose the application to amend shall, within 2 months from the date of the advertisement in the journal, file notice to the Registrar on Patents Form 58.
Subregulation 3
The notice shall be supported by a statement setting out fully the facts upon which the opponent relies and the relief which he seeks.
Subregulation 3A
The opponent shall, at the time the notice and the statement are filed, serve on the applicant a copy of the notice and a copy of the statement.
Subregulation 4
Within 2 months after the date on which the applicant is served with the copies of the notice and the statement, he shall, if he wishes to continue with the application, file a counter-statement on Form HC6 setting out fully the grounds upon which the opposition is resisted.
Subregulation 4A
The applicant shall, at the time the counter-statement is filed, serve on the opponent a copy of the counter-statement.
Subregulation 5
The Registrar may give such directions as he may think fit with regard to any aspect of the procedure for the application.
Subregulation 6
An application under this rule shall be accompanied by a copy of the specification with the proposed amendment indicated therein in the following manner:
by striking through any text, figure or other matter to be replaced or deleted; and
by underlining any replacement text, figure or other matter.
Subregulation 6A
[Deleted by S 93/2007]
Subregulation 7
Where notice of opposition has been filed, the Registrar, in determining whether permission to amend should be granted, may cause the patent as proposed to be amended to be examined by an examiner to determine whether the amendment is allowable under section 84 (3), in which case the application for permission to amend together with the notice of opposition, the accompanying statement and any counter-statement, shall be taken into consideration by the examiner during his examination.
Subregulation 8
Where permission to amend a specification is given, the applicant shall, if the Registrar so requires, and within a time to be fixed by him, file a new specification as amended, which shall be prepared in accordance with rules 19, 21 and 23.
Subregulation 8A
[Deleted by S 93/2007]
Subregulation 8B
No amendment or correction (other than an amendment or correction introduced in order to comply with rule 19, 21 or 23) may be introduced in the new specification to be filed under paragraph (8).
Subregulation 9
Where no notice of opposition is received by the Registrar under paragraph (2) or where such notice fails to comply with paragraph (3) and the Registrar is satisfied with the reasons for making the proposed amendments, he may give permission to the applicant to amend the specification of the patent.
Subregulation 10
Where an application to amend is filed using the electronic online system —
paragraph (6) shall not apply to the application; and
the application shall instead comply with practice directions issued by the Registrar in place of the requirements under that paragraph.