Singapore legislation
Regulation 9A
Regulation 9A
Request to Registrar for permission to make late declaration under section 17(4)
Subregulation 1
The period prescribed for the purposes of section 17(3)(b) shall be 2 months.
Subregulation 2
For the purposes of section 17(6)(a), a request under section 17(4) shall —
subject to rule 86(3A), be made before the end of the period referred to in section 17(3)(b);
be made on Patents Form 57;
be made only if the prescribed fee has been paid;
if the applicant failed to file the application in suit within the period referred to in section 17(3)(a), state the reason for the failure to file the application in suit within that period; and
be made only if —
the request relates to an international application for a patent (Singapore); or
where the request does not relate to an international application for a patent (Singapore), the condition referred to in paragraph (3) is satisfied.
Subregulation 3
For the purposes of paragraph (2)(e)(ii), 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any such request has been withdrawn.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 4
Where the Registrar determines that every applicable condition referred to in section 17(6) for granting a request under section 17(4) has been satisfied, the Registrar shall grant the request and notify the applicant accordingly.
Subregulation 5
Where the condition referred to in section 17(6)(b) for granting a request under section 17(4) has not been satisfied, the Registrar shall notify the applicant that the Registrar intends to refuse the request unless —
observations are made or evidence is filed, within 2 months from the date of the notification, to satisfy the Registrar that the applicant’s failure to file the application in suit within the period referred to in section 17(3)(a) —
occurred in spite of due care required by the circumstances having been taken; or
was unintentional; and
the Registrar is so satisfied on the observations made or evidence filed.
Subregulation 6
Where paragraph (5) applies, the Registrar shall refuse the request under section 17(4), and shall inform the applicant accordingly, if —
the applicant fails to make the observations or file the evidence within 2 months from the date of the Registrar’s notification; or
the Registrar is not satisfied, on all the observations made and evidence filed, that the applicant’s failure to file the application in suit within the period referred to in section 17(3)(a) —
occurred in spite of due care required by the circumstances having been taken; or
was unintentional.