Singapore legislation
Regulation 52A
Regulation 52A
Re-examination after grant
Subregulation 1
A request for the Registrar to conduct a re-examination of the specification of a patent under section 38A(1) must be made on Patents Form 36, and be accompanied by —
the prescribed fee;
a statement —
identifying each ground under section 38A(1) on which the request is made; and
explaining how that ground or grounds is or are satisfied; and
any document mentioned in section 38A(2)(c)(ii).
Subregulation 2
Where any document mentioned in section 38A(2)(c)(ii) that is filed is in a language other than English, the Registrar may require the person who filed the request to provide, within the time specified by the Registrar —
an English translation of the whole or any part of that document; and
a copy of a document verifying, to the Registrar’s satisfaction, that the translation corresponds to the original text of that document or part of that document.
Subregulation 3
If the person fails to comply with paragraph (2)(a) or (b) within the time specified by the Registrar, the request is treated as having been abandoned.
Subregulation 4
Where the Registrar grants a request under section 38A(1), the Registrar must forward to an Examiner —
the request;
the statement mentioned in paragraph (1)(b); and
each document mentioned in paragraph (1)(c).
Subregulation 5
The proprietor of the patent may, within 2 months after the date on which the Registrar sends the proprietor a copy of the Examiner’s written opinion under section 38A(8), request an interview with the Examiner, and the Registrar must grant such a request.
Subregulation 6
The Registrar may, in any particular case, grant a request for an interview with the Examiner that is made after the period mentioned in paragraph (5).
Subregulation 7
If the proprietor of the patent wishes to respond to the written opinion given under section 38A(8), the proprietor must file a response in Patents Form 13A, containing —
written submissions on the Examiner’s written opinion; or
an application to amend the specification of the patent, with the amendment indicated by —
striking through any text, figure or other matter to be replaced or deleted; and (ii)underlining any replacement text, figure or other matter,and where the proprietor wishes to make written submissions and apply to amend the specification of the patent, the proprietor must do both at the same time.
Subregulation 8
The proprietor of the patent must file the response mentioned in paragraph (7) with the Registrar within 3 months after the date on which the Registrar sends to the proprietor a copy of the written opinion.
Subregulation 9
If the proprietor of the patent fails to respond to the written opinion within the period mentioned in paragraph (8) —
the Registrar must inform the Examiner accordingly; and
the written opinion is treated as the re-examination report mentioned in section 38A(10).
Subregulation 10
Where an application to amend the specification of the patent has been filed by the proprietor under paragraph (7)(b) and it appears to the Examiner that the proposed amendment would resolve any objection mentioned in the written opinion, the Examiner must state so in the re-examination report and specify in the report the objection that would be so resolved.
Subregulation 11
The Registrar may direct the proprietor of the patent to file with the Registrar, within the time specified by the Registrar —
in a case where paragraph (10) applies — a specification incorporating the amendment mentioned in paragraph (10); or (b)in a case where the Registrar makes an order mentioned in section 38A(12)(b) — a specification incorporating any amendment (including any proposed amendment mentioned in paragraph (10)) relating to the order to the satisfaction of the Registrar.