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Singapore legislation

Regulation 8

of Patents Rules

Regulation 8

Written evidence in support of circumstances in section 14(4), etc.

Amended byS 399/2022 wef 31/12/2021S 573/2017 wef 30/10/2017S 399/2022 wef 31/12/2021

Subregulation 1

Amended byS 399/2022 wef 31/12/2021

The written evidence filed under section 14(8) by an applicant for a patent must comply with the following requirements:

(a)

the written evidence must be by statutory declaration or affidavit, and must enclose all supporting documents;

(b)

where the applicant relies on the circumstances described in section 14(4)(c), the written evidence must —

(i)

state that the invention to which the applicant’s application relates was in fact displayed at an international exhibition;

(ii)

state the opening date of the exhibition and, where the first disclosure of the invention did not take place on that date, the date of the first disclosure; and

(iii)

enclose one or more supporting documents identifying the invention that was displayed at the exhibition;

(c)

where the applicant claims that the publication by a foreign intellectual property office of an application for an intellectual property right (being an application containing matter constituting the invention to which the applicant’s application relates), or a registration of an intellectual property right pursuant to such an application, was erroneous for a reason mentioned in section 14(6)(b) or (7)(b), the written evidence must enclose an acknowledgment from the foreign intellectual property office —

(i)

stating that the publication was erroneous and the reason for the publication being erroneous; and

(ii)

if section 14(7)(b) applies, stating the earliest date on which the publication ought to have been made under the law or treaty governing the application.

Subregulation 2

For the purposes of section 2(2), a statement may be published in the journal that an exhibition described in the statement falls within the definition of “international exhibition” in section 2(1).

Subregulation 3

Amended byS 573/2017 wef 30/10/2017S 399/2022 wef 31/12/2021

In this rule, “foreign intellectual property office” has the same meaning as in section 14(11).