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Where advocate and solicitor, patent agent, etc., appointed to act for party

Patents Rules

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—(1) Unless the Registrar directs otherwise in any particular case —(a)a party may —(i)for the purposes of appearing before the Registrar at any proceedings before the Registrar under the Act or these Rules or any treaty to which Singapore is a party — appoint an advocate and solicitor or a registered patent agent to act on the party’s behalf; or(ii)for any other matter under the Act or these Rules — appoint an advocate and solicitor, a registered patent agent or any other person to act on the party’s behalf; and(b)every notice, application or other document filed under the Act by the party may be signed by the advocate and solicitor, registered patent agent or the person so appointed.(2) Where any party to any proceedings before the Registrar or any other matter under the Act or these Rules appoints an advocate and solicitor, a registered patent agent or any other person —(a)to act on his behalf; or(b)to act on his behalf in substitution for another,the advocate and solicitor, registered patent agent or person shall file a declaration of authorisation, and furnish an address for service in Singapore, on Form CM1 on the first occasion when he acts on behalf of the party.(3) Notwithstanding paragraph (2), where these Rules require any form, or any application, request, reference or notice, referred to in paragraph (4) to be filed, the advocate and solicitor, registered patent agent or person referred to in paragraph (2) may file the declaration of authorisation, and furnish the address for service, on that form, application, request, reference or notice, as the case may be.(4) The effect of filing a declaration of authorisation, and furnishing an address for service, shall be as follows:(a)where the declaration of authorisation is filed, and the address for service is furnished, on —(i)Patents Form 1 or 37; or(ii)any application made under rule 86(9) or (13),the declaration of authorisation and address for service shall be effective for the purposes of all proceedings in respect of the patent, or the application for a patent, in relation to which that form is filed or the application is made, as the case may be;(b)where the declaration of authorisation is filed, and the address for service is furnished, on —(i)Patents Form 2, 7, 35 or 58;(ii)Form HC4 or HC6;(iii)Patents Form 28 (in so far as the form relates to an application referred to in rule 73(1));(iv)an application referred to in rule 14(1) or 71(1);(v)a request referred to in rule 15(1) or made under paragraph 3(4) of the Fourth Schedule;(vi)a reference referred to in rule 16(1); or(vii)a notice filed under paragraph 3(6) of the Fourth Schedule,the declaration of authorisation and address for service shall be effective for the purposes of the proceedings in relation to which that form or notice is filed, or that application, request or reference is made, as the case may be;(c)where the declaration of authorisation is filed, and the address for service is furnished, on Patents Form 15, 19, 20 or 53, the declaration of authorisation and address for service shall be effective only for the purposes of all renewal applications or proceedings in respect of the patent in relation to which that form is filed;(d)where the declaration of authorisation is filed, and the address for service is furnished, on —(i)[Deleted by S 399/2022 wef 26/05/2022](ii)Form CM2, CM10 or CM12;(iii)an application made under rule 64(1); or(iv)a request mentioned in rule 92(1) or (2) or made under paragraph 2(1) of the Fourth Schedule,the declaration of authorisation and address for service are effective only for the matter for which that form is filed or that application or request is made, as the case may be;(e)where the declaration of authorisation is filed, and the address for service is furnished, on Form CM6, the declaration of authorisation and address for service shall be effective for the purposes of all proceedings in respect of the licence in relation to which that form is filed;(f)where the declaration of authorisation is filed, and the address for service is furnished, on Form CM7, the declaration of authorisation and address for service shall be effective for the purposes of all proceedings in respect of the security interest in relation to which that form is filed;(g)where the declaration of authorisation is filed, and the address for service is furnished, on Form CM8, the declaration of authorisation is effective for both the purpose of registering the transfer of the patent, or the application for a patent, in relation to which that form is filed (each called in this sub‑paragraph purpose A), and for the purpose of every other proceeding in respect of that patent or application (called in this sub‑paragraph purpose B), and —(i)if 2 addresses for service are provided on that form, then one of them is for purpose A and the other is for purpose B, as specified by the person who filed the form; or(ii)if one address for service is provided on that form, then it is for both purpose A and purpose B.(5) The Registrar, in dealing with any matter under the Act or these Rules in respect of which a party has appointed an advocate and solicitor, a registered patent agent or any other person to act on the party’s behalf, may require the personal signature or presence of either or both of the following:(a)the advocate and solicitor, registered patent agent or person;(b)the party.(6) The Registrar may, by notice in writing sent to an advocate and solicitor, a registered patent agent, or any other person, appointed by a party to act on his behalf, require the advocate and solicitor, registered patent agent or person to produce evidence of his authority to act for the party.(7) No act under the Act or these Rules may be done by or to an advocate and solicitor, a registered patent agent, or any other person, appointed by a party to act on the party’s behalf, until after the advocate and solicitor, registered patent agent or person has filed a declaration of authorisation, and furnished an address for service, in accordance with paragraph (2) or (3) or, in the case of a change in his name or address for service or both, until he has filed Form CM2 in respect of that change.(8) Where an advocate and solicitor, a registered patent agent or any other person (called in this paragraph the agent), having been appointed by a party to act on the party’s behalf, intends to cease to act on the party’s behalf, the agent —(a)must file with the Registrar on Form CM1 —(i)a notice of the intention;(ii)the party’s latest address, including any email address, on the agent’s records; and(iii)a statement that the agent has given reasonable notice to the party of the intention, and informed the party of the consequences set out in rule 31(5A) as applied by paragraph (11); and(b)must serve Form CM1 on the party at the same time the form is filed with the Registrar.(9) On receipt of the form mentioned in paragraph (8)(a), the Registrar must send to the party a notice requesting the party to provide an address for service within 3 months after the date of the notice.(10) The notice in paragraph (9) must be sent to the address of the party filed under paragraph (8)(a)(ii) or any alternative address of the party.(11) Rule 31(5A)(a) or (b) (whichever is applicable) applies, with the necessary modifications, if —(a)the Registrar does not have any alternative address of the party to which to send the notice under paragraph (9); or(b)the Registrar sent the notice under paragraph (9) and no address for service was provided within 3 months after the date of the notice.(12) In paragraphs (10) and (11), “alternative address” has the meaning given by rule 31(7).

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