Singapore legislation
Regulation 65
Regulation 65
Reference to Registrar of right to patent
Subregulation 1
A reference under section 47(1) shall be made on Patents Form 2 and shall be accompanied by a statement setting out fully the nature of the question, the facts upon which the person making the reference relies and the order which he is seeking.
Subregulation 2
The Registrar shall send a copy of the reference and statement to every person who is not a party to the reference being —
a person who is shown on the register as having any right in or under the patent;
a person who has given notice to the Registrar of a relevant transaction, instrument or event; or
a person who is alleged in the reference to be entitled to a right in or under the patent.
Subregulation 3
If any person who is sent a copy of the reference and statement under paragraph (2) wishes to oppose the making of the order sought, he shall, within 2 months from the date of the Registrar’s letter forwarding such copies to him, file a counter-statement on Form HC6 setting out fully the grounds of his opposition and the Registrar shall send a copy of the counter-statement to the person making the reference and to those recipients of the copy of the reference and statement who are not party to the counter-statement.
Subregulation 4
The person making the reference or any such recipient may, within 2 months from the date of the Registrar’s letter forwarding the copy of the counter-statement, file evidence in support of his case and shall send a copy of the evidence —
in any case, to the opponent; and
in the case of evidence filed by such a recipient, to the person making the reference.
Subregulation 5
Within 2 months from the date of receipt of the copy of such evidence or, if no such evidence is filed, within 2 months from the expiration of the time within which the copy of such evidence could have been filed, the opponent may file evidence in support of his case and shall send a copy of that evidence to the person making the reference and to those recipients; and, within 2 months from the date of receipt of the copy of the opponent’s evidence, that person or any of those recipients may file further evidence confined to matters strictly in reply and shall send a copy of it to the persons mentioned in paragraph (4)(a) and (b).
Subregulation 6
No further evidence shall be filed by any party except with permission or by direction of the Registrar.
Subregulation 7
The Registrar may give such directions as he may think fit with regard to any aspect of the procedure for the reference.