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Legislative Implementation of Flexibilities - Singapore

Title:Sections 25 (3) and (4), 29 (2) (c) and 80 (1) (c) of the Patents Act No. 21 of 25/11/1994 as of 01/12/2008
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Making of application

25.-(3) Every application for a patent shall contain:

(a) a request for the grant of a patent;

(b) a specification containing a description of the invention, a claim or claims and any drawing referred to in the description or any claim; and

(c) an abstract,

but this subsection shall not prevent an application being initiated by documents complying with section 26 (1).

(4) The specification of an application shall disclose the invention in a manner which is clear and complete for the invention to be performed by a person skilled in the art.

Search and examination 29

(2) The applicant shall comply with any of the following paragraphs which is applicable within the period prescribed for that paragraph:

(c) where a corresponding application for a patent has been filed at any prescribed patent office

(i) file

(A) a copy of the search report in respect of the corresponding application;

(B) where the search report is not in English, an English translation of the search report;

(C) a copy of each prescribed document and, where required by the rules, an English translation of the document if it is not in English; and

(D) a request in the prescribed form for an examination report, and pay the prescribed fee for an examination report; or

(ii) file

(A) in the prescribed form, the prescribed information relating to the corresponding

application; and

(B) where the prescribed information includes any document that is not in English, an

English translation of such document;

(d) where a corresponding international application for a patent has been filed

(i) file

(A) a copy of the international search report in respect of the corresponding international application;

(B) where the international search report is not in English, an English translation of the

international search report;

(C) a copy of each prescribed document and, where required by the rules, an English

translation of the document if it is not in English; and

(D) a request in the prescribed form for an examination report,

and pay the prescribed fee for an examination report; or

(ii) file

(A) in the prescribed form, the prescribed information relating to the corresponding

international application; and

(B) where the prescribed information includes any document that is not in English, an

English translation of such document;

(e) where the application is an international application for a patent (Singapore) that has entered the national phase in Singapore under section 86 (3)

(i) file

(A) a copy of the international search report issued in respect of the application;

(B) where the international search report is not in English, an English translation of the international search report;

(C) a copy of each prescribed document and, where required by the rules, an English translation of the document if it is not in English; and

(D) a request in the prescribed form for an examination report,

and pay the prescribed fee for an examination report; or

(ii) file a notice in the prescribed form of the applicant's intention to rely on the international preliminary report on patentability in respect of that application.

Power to revoke patents on application

80.-(1) Subject to the provisions of this Act, the Registrar may, on the application of any person, by order revoke a patent for an invention on (but only on) any of the following grounds:

(c) the specification of the patent does not disclose the invention clearly and completely for it to be performed by a person skilled in the art;

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