Singapore legislation
Regulation 86
Regulation 86
Treatment of international applications
Subregulation 1
Subject to this rule, in relation to an international application for a patent (Singapore) which is, under section 85, to be treated as an application for a patent under the Act, the prescribed period for the purposes of section 86(3) and (5) shall be —
in a case where —
the relevant date is on or after 1st May 2002, and the national phase of the application begins on or after 1st January 2004; or
Singapore has been elected in accordance with Chapter II of the Patent Co-operation Treaty,30 months from the relevant date; or
in any other case, 20 months from the relevant date.
Subregulation 2
Payment of the prescribed fee shall be made within the period prescribed in paragraph (1)(a) or (b), as the case may be, and if the applicant so wishes, together with the filing of Patents Form 37.
Subregulation 3
[Deleted by S 93/2007]
Subregulation 3A
Where an international application for a patent (Singapore) has begun the national phase, a request may be made under section 17(4) within one month from the date the national phase of the application begins.
Subregulation 4
In the case of an international application for a patent (Singapore), where an English translation of a document or part of a document is required by the Act or these Rules to be filed before or at the time limit for entering the national phase, verification of the translation, as required under rule 112 and permitted by rule 51 bis 1(d) of the Regulations under the Patent Co-operation Treaty, may be given to the Registrar at any time before the end of 2 months after that time limit.
Subregulation 5
For the purposes of section 86(3) and (5), where an English translation of the application or any amendment of the application is required, the translation —
shall exclude the request and abstract unless —
the applicant expressly requests the Registrar to proceed earlier than the expiry of the period prescribed in paragraph (1); and
the application has not been published in accordance with the Patent Co-operation Treaty;
shall include any textual matter in the drawings in a form which complies with rule 49.5(d) of the Regulations under the Patent Co-operation Treaty;
where a title has been established by the International Searching Authority under rule 37.2 of the Regulations under the Patent Co-operation Treaty which differs from the title included in the application as originally filed, shall include the former title in place of the latter; and
may exclude any textual matter contained in a sequence listing forming part of the description if such textual matter complies with rule 12.1(d) of the Regulations under the Patent Co-operation Treaty and the description complies with rule 5.2(b) of those Regulations.
Subregulation 6
Where an applicant is required to file a translation into English both of an application as originally filed and of the amendment to it, in accordance with paragraph (5), in order to satisfy the relevant conditions of section 86(3) and (5) and at the expiry of the applicable period referred to in paragraph (1), the prescribed fee has been paid and one but not both of the necessary translations has been filed —
the Registrar shall give notice to the applicant at the address furnished by the applicant in accordance with rule 31 requiring the applicant to file the required translation within 2 months from the date on which the notice is sent; and
the applicable period shall be treated in respect of that translation as not expiring until the end of the period specified in the notice given under sub-paragraph (a).
Subregulation 7
[Deleted by S 399/2022 wef 26/05/2022]
Subregulation 8
In the case of an international application for a patent (Singapore) in respect of which the conditions specified in section 86(3)(a) are satisfied, the period prescribed for the purposes of section 24(2) shall be 2 months from the time limit for entering the national phase.
Subregulation 8A
In the case of an international application for a patent (Singapore) in respect of which the conditions specified in section 86(3)(b) are satisfied, the period prescribed for the purposes of section 24(2) shall be the later of the following periods to expire:
the period prescribed by rule 18(1);
2 months from the date on which those conditions are satisfied.
Subregulation 9
Where, in relation to an international application for a patent (Singapore), the applicant desires that section 85(1) shall not cease to apply to the application by virtue of the operation of section 85(3), application shall be made to the Registrar in writing, accompanied by a statement of the facts upon which the applicant relies.
Subregulation 10
An international application for a patent (Singapore) shall not be treated as withdrawn under the Act if it, or the designation of Singapore in it, is deemed to be withdrawn under the Patent Co-operation Treaty where, in the same or comparable circumstances in relation to an application under the Act (other than an international application for a patent) —
the Registrar could have directed that an irregularity be rectified under rule 100 or that an extension be granted under rule 108; and
the Registrar determines that the application would not have been treated as withdrawn under the Act.
Subregulation 11
Where under section 85(3) an application is not to be treated as withdrawn and the applicant wishes to proceed —
the Registrar may amend any document received by the Registry from the receiving Office or the International Bureau and alter any period or time which is specified in the Act or these Rules upon such terms (including payment of any appropriate prescribed fee) as he may direct; and
the fee prescribed under section 86(3) shall not be payable.
Subregulation 12
Where the applicant satisfies the Registrar that —
because of an error made by the receiving Office, an international application for a patent (Singapore) has been accorded a date of filing which is incorrect; or
the priority claim made under Article 8(1) of the Patent Co-operation Treaty has been considered not to have been made by the receiving Office or the International Bureau because of an error made by the Office or the Bureau,the Registrar may amend any document received by the Registry from the receiving Office or the International Bureau or alter any period or time which is specified in the Act or these Rules as if the error were an error on the part of the Registry.
Subregulation 13
Where —
an international application for a patent (Singapore) purports to designate Singapore; and
the applicant alleges that he has been refused a filing date under the said Treaty on account of an error or omission in any institution having functions under the said Treaty,the applicant may apply to the Registrar in writing for it to be treated as an application under the Act, accompanied by a statement of the facts upon which he relies; and the Registrar may amend any document filed by the applicant and alter any period or time which is specified in the Act or these Rules upon such terms as he may direct.
Subregulation 14
In this rule, “receiving Office” has the same meaning as in the Patent Co-operation Treaty.
Subregulation 15
In this rule, in relation to an international application for a patent (Singapore) —
Definition
“relevant date” means the declared priority date or, where there is no declared priority date, the date of filing of that application;
Definition
“time limit for entering the national phase” means the end of the relevant period prescribed by paragraph (1) or, in a case where that period has been extended under paragraph (6), rule 100 or 108, the end of that period as so extended.