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Singapore legislation

Regulation 57

of Patents Rules

Regulation 57

Application for registration of transaction, etc.

Amended byS 399/2022 wef 26/05/2022S 81/2014 wef 14/02/2014S 399/2022 wef 26/05/2022S 399/2022 wef 26/05/2022S 399/2022 wef 26/05/2022S 81/2014 wef 14/02/2014S 399/2022 wef 26/05/2022S 399/2022 wef 26/05/2022S 399/2022 wef 26/05/2022S 399/2022 wef 26/05/2022S 399/2022 wef 26/05/2022

Subregulation 1

Amended byS 399/2022 wef 26/05/2022S 81/2014 wef 14/02/2014S 399/2022 wef 26/05/2022S 399/2022 wef 26/05/2022

An application to register, or to give notice to the Registrar of, any transaction, instrument or event to which section 43 applies shall be made —

(a)

on Form CM6, in the case of the grant, assignment, amendment or termination of a licence or sub-licence under a patent or an application for a patent;

(b)

on Form CM7, in the case of the grant, assignment, amendment or termination of a mortgage of, or any other security interest in, a patent or an application for a patent, or a licence or sub-licence under a patent or an application for a patent;

(c)

on Form CM8, in the case of any assignment of a patent or an application for a patent, or of a right in a patent or an application for a patent (being a right other than a licence or sub-licence under the patent or application for a patent, or a mortgage of, or any other security interest in, the patent or application for a patent, or a licence or sub-licence under the patent or application for a patent);

(d)

by way of a written request, in the case of the death of a proprietor of a patent or an application for a patent, or of any person having a right in or under a patent or an application for a patent, and the vesting, by an assent of the personal representatives of the deceased, of the patent, application or right, referred to in section 43(3)(d); or

(e)

by way of a written request that is accompanied by a copy of the order or directions of the court or the competent authority concerned, in the case of any order or directions of a court or other competent authority mentioned in section 43(3)(e).

Subregulation 2

Amended byS 399/2022 wef 26/05/2022

Where an application under paragraph (1)(a), (b), (c) or (d) is filed other than by means of the electronic filing system, the application must be signed by or on behalf of each relevant party.

Subregulation 3

Amended byS 81/2014 wef 14/02/2014S 399/2022 wef 26/05/2022

Where an application under paragraph (1)(a), (b), (c) or (d) is filed by means of the electronic online system, the application shall be authorised by each relevant party and validated by such means as the Registrar considers fit.

Subregulation 4

Amended byS 399/2022 wef 26/05/2022

In paragraphs (2) and (3), “relevant party” means —

(a)

in the case of paragraph (1)(a) — the person who granted the licence or sub‑licence;

(b)

in the case of paragraph (1)(b) — the person who granted the mortgage or security interest;

(c)

in the case of paragraph (1)(c) — each assignor; or

(d)

in the case of paragraph (1)(d) — each personal representative of the deceased.

Subregulation 5

Amended byS 399/2022 wef 26/05/2022

Where an application under paragraph (1)(a), (b), (c) or (d) is not signed in accordance with paragraph (2), or not authorised and validated in accordance with paragraph (3), the application must be accompanied by —

(a)

in the case of an assignment of a patent or an application for a patent, at the option of the applicant —

(i)

a copy of the contract of assignment;

(ii)

an extract of the contract of assignment, being an extract that shows the change in the ownership of the patent or application;

(iii)

a certificate of transfer of the patent or application in such form as the Registrar may require, being a certificate signed by all parties to the assignment;

(iv)

a transfer document relating to the patent or application in such form as the Registrar may require, being a document signed by all parties to the assignment; or

(v)

a copy of any documentary evidence that in the Registrar’s view is sufficient to establish the assignment;

(b)

in the case of a grant of a licence or sub‑licence under a patent or an application for a patent, at the option of the applicant —

(i)

an extract of the licence or sub‑licence contract, being an extract that shows the parties to the contract and the rights that are licensed under the contract;

(ii)

a statement of the licence or sub‑licence containing such information as the Registrar may require, being a statement signed by both the person who granted the licence or sub‑licence, and the licensee; or

(iii)

a copy of any documentary evidence that in the Registrar’s view is sufficient to establish the grant;

(c)

in the case of an amendment to, or a termination of, a licence or sub‑licence under a patent or an application for a patent, at the option of the applicant —

(i)

a statement of the amendment or termination (as the case may be) containing such information as the Registrar may require, being a statement signed by both the person who granted the licence or sub‑licence, and the licensee; or

(ii)

a copy of any documentary evidence that in the Registrar’s view is sufficient to establish the amendment or termination, as the case may be; or

(d)

in any other case, a copy of any documentary evidence that in the Registrar’s view is sufficient to establish the transaction, instrument or event.

Subregulation 6

Amended byS 399/2022 wef 26/05/2022

The Registrar may require the applicant to furnish any document, instrument or information in support of the application within any period that the Registrar may specify.

Subregulation 7

Amended byS 399/2022 wef 26/05/2022

The Registrar must refuse an application under paragraph (1) if paragraph (2), (3) or (5), or a requirement under paragraph (6), is not complied with.