Singapore legislation
Regulation 35
Regulation 35
Examination by Examiner
Subregulation 1
The applicant shall submit to the Examiner which receives a request for examination under rule 34(2), at the address specified by that Examiner, propagating material, descriptions, drawings or photographs of the plant variety in respect of which the examination is to be conducted, or any other material or document that is necessary for conducting an examination.
Subregulation 1A
The submission to an Examiner under paragraph (1) must be made —
in any case where that Examiner is in Singapore, within one month after any written request of that Examiner; or
in any other case, within 3 months after any written request of that Examiner.
Subregulation 2
If during an examination, the Examiner is of the opinion that the plant variety —
is not distinct, stable or uniform within the meaning of section 22 of the Act; or
is unsuitable for a grant of protection for any other reason which, in the opinion of the Examiner, is relevant to the grant of protection in respect of the plant variety,the Examiner shall notify the applicant in writing of that opinion and shall state fully the reasons for the opinion.
Subregulation 3
A copy of the written opinion referred to in paragraph (2) shall be sent to the Registrar.
Subregulation 4
The applicant may respond to the written opinion referred to in paragraph (2) by submitting to the Registrar, and to the Examiner at the same time —
written arguments disagreeing with the Examiner’s opinion;
supporting documents for the further consideration of the Examiner; or
an amendment to the description of the application for plant variety rights.
Subregulation 5
Where the applicant wishes to file written arguments and an amendment to the description of the application under paragraph (4), he shall submit both at the same time.
Subregulation 6
Any response by the applicant to a written opinion referred to in paragraph (5) shall be made within 2 months from the date of the Examiner’s letter enclosing the written opinion.
Subregulation 7
Where the applicant has filed an argument or amendment under paragraph (4), the Examiner may, in its discretion, issue a further written opinion to the Registrar stating fully the reasons for the opinion referred to in paragraph (2) and the requirement to notify the applicant in paragraph (2) and the right of the applicant to respond in accordance with paragraph (4) shall apply to such further written opinion.
Subregulation 8
Any response by the applicant to the further written opinion referred to in paragraph (7) shall be made within 2 months from the date of the further written opinion.
Subregulation 9
A further written opinion issued by the Examiner to the Registrar referred to in paragraph (7) need not take into account any argument or amendment filed by the applicant under paragraph (4) after it has commenced drawing up its opinion.