Singapore legislation
Regulation 9
Regulation 9
Declaration of priority for purposes of section 17(2)
Subregulation 1
Subject to paragraph (2), a declaration for the purposes of section 17(2) made in or in connection with an application for a patent (referred to in this rule and rules 9A and 9B as the application in suit) shall be made at the time of filing the application in suit.
Subregulation 2
A declaration for the purposes of section 17(2) may be made after the date of filing if —
it would cause —
the application in suit to have a declared priority date, where there was none previously; or
the declared priority date of the application in suit to be brought forward to an earlier date;
it is made within 16 months from —
where sub-paragraph (a)(i) applies, the declared priority date; or
where sub-paragraph (a)(ii) applies, the earlier date;
it is made on Patents Form 57;
the prescribed fee has been paid; and
the condition referred to in paragraph (4) is satisfied.
Subregulation 3
Where a request to the Registrar to correct a mistake in a declaration for the purposes of section 17(2) would, if granted, cause the declared priority date to be changed to a different date, the request shall not be granted unless —
it is made within 16 months from the declared priority date, as changed;
it is made on Patents Form 57;
the prescribed fee has been paid; and
the condition referred to in paragraph (4) is satisfied.
Subregulation 4
For the purposes of paragraphs (2)(e) and (3)(d), the condition is that —
the applicant has not made any request under section 27(2) to publish the application in suit during the period prescribed for the purposes of section 27; or
any such request has been withdrawn.
Subregulation 5
Subject to paragraph (6), a declaration for the purposes of section 17(2) shall specify, in respect of each priority application —
the date of filing of the priority application; and
the country in or for which the priority application was made.
Subregulation 6
Where the application in suit is an international application for a patent (Singapore), paragraph (5) shall not apply in respect of a priority application if —
the date of filing of that priority application; and
the country in or for which that priority application was made,have been indicated in compliance with rule 4.10(a) and (b) of the Regulations under the Patent Co-operation Treaty.
Subregulation 7
Where section 26(11) applies, a declaration for the purposes of section 17(2) shall not be made in or in connection with a new application referred to in section 26(11) if the declaration has not also been made in or in connection with the earlier application.
Subregulation 8
In this rule and rules 9B and 9C —
Definition
“priority application” means an earlier relevant application specified in a declaration for the purposes of section 17(2);
Definition
“relevant application” has the same meaning as in section 17(9).