Singapore legislation
Regulation 53
Regulation 53
Restoration of lapsed patent
Subregulation 1
An application under section 39 for the restoration of a patent —
may be made at any time within 18 months from the day on which it ceased to have effect; and
shall be made on Patents Form 19 together with a statutory declaration or affidavit setting out the grounds for the application and the evidence in support thereof,and the Registrar shall publish in the journal notice of the making of the application.
Subregulation 1A
Where the application is for the restoration of a patent to which section 117(3) applies, the evidence referred to in paragraph (1)(b) shall include —
that which establishes that the patent remained in force in the United Kingdom at the time the first renewal was due if the patent had never been renewed under the Act; and
a statutory declaration stating that the patent has not been revoked in the United Kingdom.
Subregulation 2
If, upon consideration of the grounds and evidence, the Registrar is not satisfied that a case for an order under section 39 has been made out, he shall notify the applicant accordingly and, unless within one month from the date of the Registrar’s notification the applicant requests to be heard in the matter in accordance with rule 88, the Registrar shall refuse the application.
Subregulation 3
If the applicant requests a hearing within the time allowed, the Registrar shall determine, in accordance with rule 88, whether the application shall be allowed or refused.
Subregulation 4
If the Registrar decides to allow the application, he shall notify the applicant accordingly and require him, within 2 months from the date of the Registrar’s notification to him, to file Patents Form 20 accompanied by the prescribed additional fee and the amount of any unpaid renewal fee, upon receipt of which the Registrar shall order the restoration of the patent and publish the fact in the journal.
Subregulation 5
Paragraph (1)(a) as amended by the Patents (Amendment) Rules 1997 shall also apply to any patent to which section 117(3) applies which had ceased to have effect before 1st April 1997.