Schedule 5

means a person —

on whose behalf the relevant patent agent acts as an agent; or

for whom the relevant patent agent undertakes any work; and

includes —

a person for whom the relevant patent agent provides an address for service for any matter under the Patents Act (Cap. 221); and

an intermediary through whom the relevant patent agent receives instructions;“relevant patent agent” means —

a registered patent agent who has in force a practising certificate; or

a registered foreign patent agent who has in force a foreign patent agent certificate.[S 80/2014 wef 14/02/2014]Undertaking of work2.—

A relevant patent agent shall, when undertaking any work, apply the standard of skill, care and diligence that may reasonably be expected of a relevant patent agent.(2) A relevant patent agent shall ensure that the appropriate expertise (including technical expertise) is applied when any work is undertaken for his client.(3) A relevant patent agent shall not represent that he is able to represent his client before the court, if he is not entitled to do so.[S 80/2014 wef 14/02/2014]Responsibility for work, act or omission of other person3.—

A relevant patent agent shall be responsible for any work done by, and any act or omission of, another person, if the work, act or omission is expressly or impliedly sanctioned by the relevant patent agent.(2) A relevant patent agent shall exercise proper supervision over his employees and other staff.(3) If any employee or other staff of a relevant patent agent (such employee or staff not being a relevant patent agent) deals with a client of the relevant patent agent, the relevant patent agent shall ensure that the client is informed that the employee or staff is not a relevant patent agent.[S 80/2014 wef 14/02/2014]Referral to other person4.—

A relevant patent agent who engages any other person, whether in Singapore or elsewhere, to act on behalf of a client in a matter shall ensure that the other person has the appropriate qualifications and the requisite expertise to deal with the matter.(2) A relevant patent agent shall not engage any other person, whether in Singapore or elsewhere, to act on behalf of a client in a matter, unless the relevant patent agent has obtained the client’s consent to do so.[S 80/2014 wef 14/02/2014]Maintenance of professional standards5.—

A relevant patent agent shall at all times maintain the standards of his profession, and be courteous and ethical.[S 80/2014 wef 14/02/2014](2) A relevant patent agent shall ensure that he understands, and is aware of any changes to —

the Patents Act (Cap. 221) and all subsidiary legislation made under that Act; and

the practices of the Registry and the Office which relate to his practice in Singapore.[S 80/2014 wef 14/02/2014][S 80/2014 wef 14/02/2014](3) A relevant patent agent shall not be fraudulent or deceitful.[S 80/2014 wef 14/02/2014](4) A relevant patent agent shall ensure that his client is made aware of the implications, in terms of procedures, costs and timing, of any course of action recommended by him.[S 80/2014 wef 14/02/2014](5) A relevant patent agent shall —

at the request of his client, provide a detailed estimate of the costs of acting for the client in a matter; and

if it appears that those costs will exceed the estimate by a material amount, ensure that the client is informed before those costs exceed the estimate.[S 80/2014 wef 14/02/2014](6) A relevant patent agent shall not undertake any work in such a manner as to unnecessarily or improperly escalate any costs that may be payable to him.[S 80/2014 wef 14/02/2014](7) A relevant patent agent shall not overcharge his client.[S 80/2014 wef 14/02/2014](8) A relevant patent agent who withdraws his services or ceases to act for a client shall, before doing so, inform the client of any actions necessary to protect or maintain the client’s rights and interests in any patent or application for a patent.[S 80/2014 wef 14/02/2014]Touting

tout for business; or

do any thing which will reasonably lead to the inference that the thing is done for the purpose of touting.[S 80/2014 wef 14/02/2014]Referral by other person

shall maintain his professional independence and integrity, and shall not permit his professional independence and integrity to be undermined by the referrer;

shall not pay the referrer any commission or other consideration, or otherwise reward the referrer;

shall not allow the referral, his relationship with the referrer, or any desire to avoid offending the referrer, to affect his advice to the client in any way;

shall advise the client impartially and independently;

shall ensure that any decision made by him in relation to the nature, style and extent of his practice are not, in any way, influenced by the referrer; and

shall, while engaged by the client, communicate directly with the client when obtaining or confirming any instructions or giving any advice.[S 80/2014 wef 14/02/2014]Clients’ moneys8.—

A relevant patent agent shall deal with his clients’ moneys in accordance with the applicable accounting standards.[S 80/2014 wef 14/02/2014](2) A relevant patent agent shall not use any moneys paid by a client for any purpose other than the purpose for which the client paid the moneys.[S 80/2014 wef 14/02/2014]Acting in client’s interests9.—

A relevant patent agent shall at all times act in accordance with the law and in the interests of his client.[S 80/2014 wef 14/02/2014](2) A relevant patent agent shall —

act promptly on his client’s instructions; or

promptly inform his client, if he is unable to do so.[S 80/2014 wef 14/02/2014](3) A relevant patent agent shall not take advantage, for his own benefit or the benefit of any other person, of —

any information given to him by his client; or

any circumstances arising from his professional relationship with his client.[S 80/2014 wef 14/02/2014](3A) A relevant patent agent shall keep his client informed of each development in each matter that he is handling for the client.[S 80/2014 wef 14/02/2014](4) A relevant patent agent shall —

give his client a reasonable opportunity to view the drafts of his client’s specification, before his client’s application for a patent is filed; or

inform his client, if there is insufficient time to do so.[S 80/2014 wef 14/02/2014](5) A relevant patent agent shall make available or forward to his client, on his client’s request, all documents, samples and other materials that belong to the client, subject to any lien which the relevant patent agent may have on those documents, samples or materials under any written law.[S 80/2014 wef 14/02/2014]Confidentiality10.—

Except with the consent of a client or as required by law or any order of any court of competent jurisdiction, a relevant patent agent shall not disclose (directly or indirectly) or use, and shall take reasonable care to prevent his employees and other staff, and any other person engaged by him to act on behalf of the client, from disclosing (directly or indirectly) or using —

any confidential information which he receives as a result of the retainer by the client; or

the contents of any papers containing any instructions from the client.[S 80/2014 wef 14/02/2014](2) Notwithstanding sub-paragraph (1), a relevant patent agent may utilise any confidential information referred to in sub-paragraph (1)(a) and any contents referred to in sub-paragraph (1)(b) to respond to or defend, whether before any court of competent jurisdiction or any Disciplinary Committee —

any charge or complaint relating to his professional conduct; and

any complaint made or information given against him under rule 17.[S 80/2014 wef 14/02/2014]Conflict of interests11.—

A relevant patent agent shall take all reasonable steps to avoid being placed in a situation where there is a conflict between —

his interests and the interests of one or more of his clients; or

the interests of 2 or more of his clients.[S 80/2014 wef 14/02/2014](2) Where there is any actual or potential conflict of interests referred to in sub-paragraph (1), a relevant patent agent shall —

take immediate steps to resolve the actual or potential conflict of interests; and

ensure that none of his clients are adversely affected by the actual or potential conflict of interests.[S 80/2014 wef 14/02/2014]Misleading or deceptive conduct or practice12.—

A relevant patent agent shall not engage in any conduct or practice that is misleading or deceptive, or that is likely to mislead or deceive, in his dealings with the Registrar, the Registry, the Office or any other person.[S 80/2014 wef 14/02/2014](2) Without prejudice to the generality of sub-paragraph (1), if any advertising or promotional activities are conducted by or on behalf of a relevant patent agent, he shall ensure that —

all statements made in the course of those activities —

are honest and accurate; and

are not misleading, deceptive or likely to mislead or deceive; and

if any such statements contain comparisons or are of a comparative nature —

those statements are supported by facts; and

the comparisons are not misleading or likely to mislead.[S 80/2014 wef 14/02/2014](3) In this paragraph, “mislead” includes —

lie;

lead to a wrong conclusion;

create a false impression;

omit or conceal relevant information; and

make false or inaccurate claims,and “misleading” shall be construed accordingly.[S 566/2009 wef 15/12/2009]