Singapore legislation
Regulation 91
Regulation 91
Correction of errors in patents and applications
Subregulation 1
Subject to paragraph (12) and unless the Registrar directs otherwise, a request for the correction of an error of translation or transcription or of a clerical error or mistake in any specification of a patent, in an application for a patent or in any document filed in connection with a patent or such an application shall be made on Form CM4.
Subregulation 1A
Where the request relates to an error in any document other than a form, the request shall be accompanied by a copy of the document with the proposed correction indicated in the following manner:
by striking through any text, figure or other matter to be replaced or deleted; and
by underlining any replacement text, figure or other matter.
Subregulation 1B
[Deleted by S 93/2007]
Subregulation 1C
Paragraph (1A) shall not apply if the request is to be filed using the electronic online system; and the request shall instead comply with practice directions issued by the Registrar in place of the requirements in that paragraph, including the filing of such other document prepared in such manner as may be specified therein.
Subregulation 2
Where such a request relates to a specification, no correction shall be made therein unless the correction is obvious in the sense that it is immediately evident that nothing else would have been intended than what is offered as the correction.
Subregulation 3
The Registrar may advertise the proposed correction by publishing the request and the nature of the proposed correction in the journal and in such other manner, if any, as the Registrar may determine.
Subregulation 4
[Deleted by S 739/2014 wef 13/11/2014]
Subregulation 5
Any person may, at any time within 2 months from the date of the advertisement, give notice to the Registrar of opposition to the request on Patents Form 58.
Subregulation 6
Such notice of opposition shall be supported by a statement setting out fully the facts on which the opponent relies and the relief which he seeks.
Subregulation 7
The opponent shall, at the time the notice and the statement are filed, serve on the person making the request a copy of the notice and a copy of the statement.
Subregulation 7A
If the person making the request desires to proceed with the request, he shall —
within 2 months from the date on which he is served the copies of the notice and the statement, file a counter-statement on Form HC6 setting out fully the grounds on which he contests the opposition; and
at the time the counter-statement is filed, serve on the opponent a copy of the counter-statement.
Subregulation 8
The Registrar may give such directions as he may think fit with regard to any aspect of the procedure for the request or the opposition to the request.
Subregulation 9
Before the Registrar grants the request for correction to a specification, the person making the request shall, if the Registrar so requires, and within the time specified by the Registrar, file a new specification as corrected, which shall be prepared in accordance with rules 19, 21 and 23.
Subregulation 10
[Deleted by S 93/2007]
Subregulation 11
No amendment or correction (other than an amendment or correction introduced in order to comply with the formal requirements) may be introduced in the new specification to be filed under paragraph (9).
Subregulation 12
Paragraph (1) shall not apply to —
any request for correction referred to in rule 9(3);
any request for the correction of an error of translation or transcription, or of a clerical error or mistake, in any document filed in connection with any proceedings with notice under rule 6, 7, 10, 11, 12, 14, 15, 16, 52, 58A(3), (4) or (6), 65, 66, 69, 71, 74, 80, 85 or 91, or paragraph 3 of the Fourth Schedule;
any request for the correction of an error of translation or transcription, or of a clerical error or mistake, in —
any document filed in connection with any proceedings with notice under rule 17 (other than paragraph (3) thereof);
any counter-statement on Form HC6 filed in connection with any proceedings with notice under rule 17(3);
any document filed under rule 53 (other than paragraph (2) thereof) or rule 88 (other than paragraph (1) thereof) in connection with any proceedings at which only the party making a request for the exercise of the discretionary powers of the Registrar is present; or
any request on Form HC4 filed under rule 53(2) or 88(1) in connection with any proceedings at which only the party making the request is present; and
any request for the correction of an error of translation or transcription, or of a clerical error or mistake, in any document filed under rule 88A or 108A.
Subregulation 13
A request referred to in paragraph (12)(b), (c) or (d) shall be made to the Registrar in writing.
Subregulation 14
The Registrar may, on the Registrar’s own initiative, make any consequential amendment to the register arising from any correction pursuant to a request under paragraph (1) that is made on or after 26 May 2022, and the Registrar must notify the applicant making the request of the amendment.