Patents (Amendment No. 2) Rules 2003
Table of Contents
Enacting Formula
1 Citation and commencement
2 Amendment of rule 29
3 Amendment of rule 37
4 Amendment of rule 41
5 Amendment of rule 42
6 Amendment of rule 43
7 Amendment of rule 44
8 Amendment of rule 45
9 Amendment of rule 46
10 Amendment of rule 49
11 Amendment of rule 50
12 Amendment of rule 51
13 Amendment of rule 53
14 Amendment of rule 53A
15 Amendment of rule 74
16 Amendment of rule 92
Subsidiary Legislation Supplement published onSingapore Statutes Online 31 Oct 2003
17 Amendment of rule 108
18 Amendment of rule 109
19 Amendment of rule 120
20 Amendment of First Schedule
21 Amendment of Second Schedule
22 Amendment of Seventh Schedule
No. S 503
PATENTS ACT (CHAPTER 221)
PATENTS (AMENDMENT NO. 2) RULES 2003
In exercise of the powers conferred by section 115 of the Patents Act, the Minister for Law, after consulting with the Intellectual Property Office of Singapore, hereby makes the following Rules:
Citation and commencement
1. These Rules may be cited as the Patents (Amendment No. 2) Rules 2003 and shall be deemed to have come into operation on 31st July 2002.
Amendment of rule 29
2. Rule 29 of the Patents Rules (R 1) is amended —
(a) by deleting the words “section 27(1)” in paragraph (3) and substituting the words “section 27(2)”;
(b) by deleting “(5)(b)” in paragraph (4)(b)(i) and substituting “(6)(b)”;
(c) by deleting the words “section 29(5)(a)” in paragraph (4)(b)(ii) and substituting the words “section 29(6)(a)”; and
Subsidiary Legislation Supplement published onSingapore Statutes Online 31 Oct 2003
(d) by deleting the words “section 29(4)” in paragraph (4)(b)(iii) and substituting the words “section 29(5)”.
Amendment of rule 37
3. Rule 37 of the Patents Rules is amended by deleting “(5) (b)” and substituting “(6) (b)”.
Amendment of rule 41
4. Rule 41 of the Patents Rules is amended by deleting “(9)” and substituting “(12)”.
Amendment of rule 42
5. Rule 42 of the Patents Rules is amended —
(a) by deleting the words “section 29(3), (5)(a) or (8)” in paragraph (1) and substituting the words “section 29(3), (6)(a) or (10)”;
(b) by deleting the words “section 29(3) (in the case of an application under section 116(6)), 29 (5)(a) or 29 (8)” in paragraph (2) and substituting the words “section 29(3) (in the case of an application under section 116(6) of the Patents Act (Cap. 221, 1995 Ed.)), 29 (6)(a) or 29 (10)”; and
(c) by deleting the words “section 29(3) (in the case of an application under section 116(6)) or 29 (5)(a) or a copy of the international search report referred to in section 29(8)” in paragraph (2)(a) and substituting the words “section 29(3) (in the case of an application under section 116(6) of the Patents Act (Cap. 221, 1995 Ed.)) or 29 (6)(a) or a copy of the international search report referred to in section 29(10)”.
Amendment of rule 43
6. Rule 43(1) of the Patents Rules is amended —
(a) by deleting “(8)” in sub-paragraph (a) and substituting “(10)”;
(b) by deleting “(5)(b)” in sub-paragraph (b) and substituting “(6)(b)”;
(c) by deleting the words “section 29(4)” in sub-paragraph (c) and substituting the words “section 29(5)”; and
(d) by deleting the words “section 29(5)(a)” in sub-paragraph (d) and substituting the words “section 29(6)(a)”.
Subsidiary Legislation Supplement published onSingapore Statutes Online 31 Oct 2003
Amendment of rule 44
7. Rule 44 of the Patents Rules is amended by deleting the words “section 29 (4)” in paragraph (1) and in the rule heading and substituting in each case the words “section 29 (5)”.
Amendment of rule 45
8. Rule 45(1) of the Patents Rules is amended by deleting the words “section 29 (5) (b)” and substituting the words “section 29 (6) (b)”.
Amendment of rule 46
9. Rule 46 of the Patents Rules is amended —
(a) by deleting the words “section 29(3), (6), (7) or (8)” in paragraph (1) and substituting the words “section 29(3), (7), (8) or (10)”;
(b) by deleting the words “section 29(6)” in paragraph (4)(a) and substituting the words “section 29(7)”; and
(c) by deleting the words “section 29(3), (7) or (8)” in paragraph (4)(b) and substituting the words “section 29(4), (9) or (11)”.
Amendment of rule 49
10. Rule 49(2) of the Patents Rules is amended —
(a) by deleting “(5)(b)” in sub-paragraph (b) and substituting “(6)(b)”; and
(b) by deleting the words “section 29(3), (5)(a) or (8)” in sub-paragraph (c) and substituting the words “section 29(3), (6)(a) or (10)”.
Amendment of rule 50
11. Rule 50 of the Patents Rules is amended by deleting the words “section 35 (2)” and substituting the words “section 35 (1)”.
Amendment of rule 51
12. Rule 51 of the Patents Rules is amended —
(a) by deleting the words “116 (4) or (6),” in paragraph (1) and substituting the words “section 116(6) of the Patents Act (Cap. 221, 1995 Ed.) or section 117(4),”; and
Subsidiary Legislation Supplement published onSingapore Statutes Online 31 Oct 2003
(b) by deleting the words “section 116(3)” in paragraph (5) and substituting the words “section 117(3)”.
Amendment of rule 53
13. Rule 53 of the Patents Rules is amended by deleting the words “section 116 (3)” in paragraphs (1A) and (5) and substituting in each case the words “section 117 (3)”.
Amendment of rule 53A
14. Rule 53A of the Patents Rules is amended —
(a) by deleting the words “section 116(3)” and substituting the words “section 117(3)”;
(b) by deleting the words “section 39(4)” wherever they appear and substituting in each case the words “section 39(5)”; and
(c) by deleting the words “section 116(3)” in the rule heading and substituting the words “section 117(3)”.
Amendment of rule 74
15. Rule 74(1) of the Patents Rules is amended by deleting the words “section 54 (6)” and substituting the words “section 54 (7)”.
Amendment of rule 92
16. Rule 92(2) of the Patents Rules is amended by deleting the words “section 116 (3)” and substituting the words “section 117 (3)”.
Amendment of rule 108
17. Rule 108 of the Patents Rules is amended by deleting paragraphs (8), (9) and (10).
Amendment of rule 109
18. Rule 109(2) of the Patents Rules is amended by deleting the words “section 91 or 92” and substituting the words “section 90 or 91”.
Amendment of rule 120
19. Rule 120 of the Patents Rules is amended by inserting, immediately after the words “section 116 (6)”, the words “of the Patents Act (Cap. 221, 1995 Ed.)”.
Subsidiary Legislation Supplement published onSingapore Statutes Online 31 Oct 2003
Amendment of First Schedule
20. The First Schedule to the Patents Rules is amended —
(a) by deleting the words “section 54(6)” in item 4 (i) and substituting the words “section 54(7)”;
(b) by deleting the words “section 27(1)” in item 10 and substituting the words “section 27(2)”;
(c) by deleting “(5)(b)” in item 12 and substituting “(6)(b)”;
(d) by deleting the words “section 29(3), (5)(a) or (8)” in item 13 and substituting the words “section 29(3), (6)(a) or (10)”; and
(e) by deleting item 54.
Amendment of Second Schedule
21. The Second Schedule to the Patents Rules is amended —
(a) by deleting the words “Section 54(6)” in paragraph 6 in Patents Form 3 and substituting the words “Section 54(7)”;
(b) by deleting the words “SECTION 27 (1)” in the Form heading of Patents Form 9 and substituting the words “SECTION 27 (2)”;
(c) by deleting Patents Form 11 and substituting the following Form:
Subsidiary Legislation Supplement published onSingapore Statutes Online 31 Oct 2003
Subsidiary Legislation Supplement published onSingapore Statutes Online 31 Oct 2003
"FORM 11
PATENTS ACT (CHAPTER 221)
lNTELLECTUAL PROPERTY OFFJCE OF SJNGAPORE
Rule 37
11111,~,1~11111111~11111111m 111
NOTES:
REQUEST FOR SEARCH AND EXAMJNATlON REPORT UNDER SECrlON 29 (l ) OR (6)
1. •denole:. m.11ndal01)' fields.
2. CheckOOxcs m:; indirnled in bold sho uld be marked with a c ross whe re a pplic.,ble.
111111
3. This. form should be completed by the applic.mt(s) for the p11tenl. who sho uld enler his/their name(s) in paragraph 3.
4. The rek:vant checkbox in parngmph 4 sho uld be marked with a er~ lo indic,!JLC which subsection o f sectio n 29 is a pplic~1ble.
5. Whe re a n agent is. appointed. the fields fo r " DETA ILS OF AGENT.sho uld be comple ted <1nd they ( includ ing the <1ddress for servioe) should be the sa me as those found in P<1 tc n1S Form 4'1filed earlie r. In the event where no agent is a ppointed. the address fo r se rvice should be the same as tha l fornis.hcd earlier.
6. Whe re a n indi vidual is appointed as a n agenl. the sub-field " Name» unde r ..DETAILS OF AGENT. musl be completed by e nte ring the rull na me or the ind ivid ua l. T he sub-fi eld " Firm» must be lerL blank. Whe re a pa rtne rs.hip/body rorpo mte is.appo inLed as a n agenL. the sub-fi eld " Firm» und er " DETAIL~ OF AGENT' must be rompleLe d by e ntering the name o f Lhc pa rtne rs.hip/OOdJ rorporate. T he sub-fi eld " Name ·, musl be lc-:fl blank. Whe re bolh the " Name» a nd ..Firm» ha ve been enLcred. the Reg-is l rJ shall trea t the d eta ils. enLe red in the sub.fi eld ..Firm» as Lhe agent de tail inLe nd ed.
7. A llc ntion is dmwn tosections ·104 a nd 105 or lhe Pate nts. Act. rule:- 90 a nd 105 o f Lhe Pa te nlS Rules.. a nd the Pa tents. ( Pa tenL AgenlS) Rules. 20m .
8. Ir Lhe space pro vided in the pate nts fo nn is. no t e no ugh. the additio na l info nn aLio n sho uld be e nLe red in Lhe continua tio n sheel. Please nole tha l the rontinua tion s.he<:I need no t be fi led wilh the Regis t ry or Pa te nts if it is noL
used.
Subsidiary Legislation Supplement published onSingapore Statutes Online 31 Oct 2003
L YOUR REFERENCE* ~1------~ 2. PAT ENT A PPLICATION NUMBER*
3. NAME OF A PPLICANT(S) FOR THE PAT ENT A PPLICATION* (s« note 3)
(A) Nome
(B) Na me
• Furthe r applicanls are lo be ind icaled on continualio n sheel 4 (Nme: Delails ofapplicanl(.s) musl correspond lo those found in the c.urrenl regisler of palenls. If they
do nol. c.orresponding Pa le nls Forms and fees nmsl be fi led lo upda le the regisle r.)
Subsidiary Legislation Supplement published onSingapore Statutes Online 31 Oct 2003
4. SEARCH AND EXAMINATION REQUEST• (see note 4)
(Note: O nly one checkbox may be c.rO!iSed.)
D Requesl for the pre paration o f a searc.h and exiuninalion re porl unde r section 29 ('I) (b) D Requesl for the pre par ation o f a .searc.h and examina tion re porl unde r section 29 (6) (b) 5. DETA ILS OF AGENT (if any) (,;ee notes 5. 6 and 7)
Name
Firm
(Note: These delail.s should be idenlical lo those furnished in lhe Pa lents Form 41 filed earlier or al the same time lhi.s form is tiled.)
6. NAME. SIGNATURE AND DECLA RATION (WHERE APPROPRIAT E) OF A PPLICANT OR AGENT* (see note 7)
(Note: Please cross the box below w here i1ppropriale.)
• I. the undersigned . do hereby declare thal I have been duly authorised lo submil th is form. o nbehalf of the applicanl(s) named in paragraph 3 of this form. DD MM y yyy
Na me and Signalure
(d) by deleting the words “SECTION 29(4)” in the Form heading of Patents Form 11B and substituting the words “SECTION 29 (5)”;
(e) by deleting Patents Form 12 and substituting the following Form:
Subsidiary Legislation Supplement published onSingapore Statutes Online 31 Oct 2003
INT ELL ECr UAL PROPERTY O FFICE OF SINGAPO RE
CON°l1NUA'l1ON SHEET 4
llllilll~IBmll~ill~lmH
Conlin11alion sho:t 10 pnrngraphD of P.:11en1.s Fonn D PATENT A PPLI CAT ION NUMB ER (if a 11y)
Nnme
Nnmc
Nnme
Nnmc
Nnme
Nnmc
Nnmc
Nnmc
D Further pen.ans <tre lo be indicated on a11olhc r continualion s.hcct 4" :
994994
Subsidiary Legislation Supplement published onSingapore Statutes Online 31 Oct 2003
"FORM 12
PATENTS ACT (CHAPTER 221)
[NTELLECTUAL PROPERTY OFflCE OF SINGAPORE
Rule 42
1111m1111 111111111m11 11 111111111
NOTES:
REQUEST FOR A 1 EXAM I 1AT ION REPORT U DER SECTION 29 (3). (6) OR (10)
1. •denotes nmndalory field...
2. Checkboxcs as ind icaLed in bold should be marked with a cross where <1pplica blc:.
114114
3. This fo rm sho uld be rompleted bJ the applica nt(s) fo r Lhe pa lenL. who i:hould e nter his/thei r name(s) in pam,graph 3.
4. The re lewinl checkbox in pa mg;rnph 4 should be 1m1rked wiLh a cros.,; Lo indica te which subsection o f section 29 is <tpplicablc.
5. Where ,in agent is a ppointed . the fields fo r ..DETA ILS OF AGENT» should be completed a nd they (including the address fo r se rvice) should be the s.!lme as those fo und in Pa lents Fo nn 4'1 fil ed earlier. In the event where no agcnl is <1ppointed. the address fo r service should be the same as thaLrurni i:hed eadie r.
6. Where a n individ ua l i:i a ppointed as a n agent. the sub-field " Name.. under " DETA ILS O F AGENT' nm:il be comple ted bJ e nte ring the foll name o r the individua l. The :iub-ficld ..Firm,, musl be le li bla nk. Where a pa rtncnhip.fbodJ corpornte is a ppointed a:i an agenl. Lhc sub-field " Firm.. unde r " DETAILS OF AGENT» mu:il be completed by e nLe ring Lhe na me or the pa rtnership/body corpornte . T he sub-field ..Name,, mui:t be le n bla nk. Where bo th Lhe " Name·• and " Firm·• have been e ntered. the Re,gisLry:;.ha ll t reat the deta ilsenle red in the sub-field " Firm.. as the agenL dela il inte nded.
7. AtlenLio n is drawn Lo sections 104 a nd 105 o f the Pa le nls Acl. niles 90 ,ind 105 or the PaLe nl:i Rules. and Lhe P<1Le n1S ( P.~Le nl Agents) Rules 2001.
8. If the :ipace provided in the pa lc nl.s fo rm is noL e nough. the addiLional informa tion should be e ntered in the continw,tion sheel. Please noLe thaLthe conLinuatio n sheeLneed not be fil ed wih Lhe Re,gist ry o f PaLe nls ir it is no t
used.
Subsidiary Legislation Supplement published onSingapore Statutes Online 31 Oct 2003
'I. YOUR REFERENCE•
2. PATENT APPLICATION NUM BER* I 3. NAME OF APPLICANT(S) FOR THE PATENT APPLICATION* (see note 3)
(A) Na111e
(B) Na111e
• Furthe r applican ls are lo be indici1led on continuation sheel 4 (Note: De la ils of applica nl(s) musl correspo nd lo those found in the c urrenl regis le r of pi1lenls. If they
do not correspond ing Pale nls Forms a nd fees musl be fi led lo updale the regisler.)
Subsidiary Legislation Supplement published onSingapore Statutes Online 31 Oct 2003
4. E.XAMINATION REQUEST* (see note 4)
(N01e: Only one c.hec.kbox may be crossed.)
D Requesl for an examination reporl under sec.lion 29 (J) D Req uesl for an examination re porl under sec.lion 29 (6) (a ) D Req uesl for an examination re porl under sec.lion 29 (lO) 5. DETA ILS OF AGENT (if " "Y) (see notes 5, 6 and 7)
Name
Finn
(Nme: These delails should be identica l lo those furnished in the Palenls Fo rm 4·1 fi led earlier or a l the same time this form is filed.)
6. NAME, SIGNATURE AND DECLA RATION (WHERE A PPROPRIATE) OF A PPLICANT OR AGENT* (see no te 7)
(N01e: Please c.ross the box below where appropria le.)
• I. the undersigned. do hereby ded are Urnl I have been duly authorised l o submil this form. onbehal f of the applicanl(s) named in paragraph 3 o f this form , DD MM yyyy
Name and Signalu re
(f) by deleting the words “SECTION 93” in the Form heading of Patents Form 40 and substituting the words “SECTION 92”; and
(g) by deleting Patents Form 52.
Amendment of Seventh Schedule
22. The Seventh Schedule to the Patents Rules is amended —
(a) by deleting the words “Rules 108 and 120” in the 2nd line and substituting the words “Rule 120”;
Subsidiary Legislation Supplement published onSingapore Statutes Online 31 Oct 2003
TELLECTUAL PROPERTY OFFICE O F SI GAPO RE
CONT INUAT ION SHEET 4
lllllllffil Ull~Jl~IJIIII
Continuation sheet 10 pamgmphD or Patenl.s Fonn D
PAT ENT A PPLICA' l10N NUMnER (if m:iy) .________. Name
Name
Name
Name
Name
Name
Name
Name
D Further ~ n.s arc to be indicated on m10Lhcr conlinw1tion sheet 4":
994994
(b) by inserting, immediately after the words “section 116(6)” wherever they appear, the words “of the Patents Act (Cap. 221, 1995 Ed.)”; and
(c) by deleting the words “section 29(9)” in paragraph (j) and substituting the words “section 29(12)”.
[G.N. Nos. S 224/96; S 132/97; S 260/97; S 458/97; S 82/98; S 116/98; S 203/99; S 286/99; S 510/99; S 300/2000; S 60/2001; S 500/2001; S 656/2001; S 75/2002; S 355/2002; S 324/2003]
Made this 14th day of October 2003.
LIEW HENG SAN Permanent Secretary,
Ministry of Law, Singapore.
[TMC 002/87B; AG/LEG/SL/221/2002/1 Vol. 4]
Subsidiary Legislation Supplement published onSingapore Statutes Online 31 Oct 2003