WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SGP/P/1/Rev.1 
16 July 2009 
 (09-3495) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/ 
 inglés 
 
 
 
MAIN DEDICATED INT ELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SINGAPORE 
 
Revision  
 
 The present document reproduces the text1 of the Patents Act 2005 Revised Edition, as notified by 
Singapore on 15 April 2009 under Article 63.2 of the Agreement (see document IP/N/1/SGP/4). 
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMEN TATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NO TIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
SINGAPOUR 
 
Révision  
 
 Le présent document contient le texte1 de l'Édition révisée de 2005 de la Loi sur les brevets, notifiée 
par Singapour le 15 avril 2009 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/SGP/4). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relaciona dos con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD  
INTELECTUAL NOTIFICADOS EN  VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63  DEL ACUERDO 
 
SINGAPUR 
 
Revisión  
 
 
 En el presente documento se reproduce el texto1 de la Ley de Patentes, edición revisada de 2005, 
notificada por Singapur el 15 de abril de 2009 de conformidad con el párrafo 2 del artículo 63 del Acuerdo 
(véase el documento IP/N/1/SGP/4). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/SGP/P/1/Rev.1 
Page 2  
 
   
Requested version was 31 Mar 2009; Closest available version is 01 Dec 2008; Generated on 31 Mar 2009 
16:02:54(GMT+8). 
 
 [ Jump to: Front Page  / Arrangement of Provisions  / Actual Provisions  ]
 
 
 
PATENTS ACT 
 
(CHAPTER 221) 
 
 
History 21 of 1994  
-> 1995 
REVISED 
EDITION 
  
->2002 
REVISED 
EDITION  
->2005 
REVISED 
EDITION 
 
   
 An Act to establish a new law of patents, to enable  Singapore to give effect to certain international 
conventions on patents, and fo r matters connected therewith.  
 
[23rd February 1995]  
 
 
  Arrangement of Provisions [ Jump to: Front Page  / Arrangement of Provisions / Actual Provisions ]
  
 
 
 PART I
 
PRELIMINARY  
1 Short title  
2 Interpretation  
3 Application to Government  
 
PART II  
ADMINISTRATION  
4 Registrar of Patents and other officers  
5 Delegation by Registrar  
6 Registry of Patents  
7 Seal of Registry  
8 Powers of Registrar  
9 Disobedience to summons an offence  
10 Refusal to give evidence an offence  
11 Officers not to traffic in inventions  
12 Officers not to furnish information  
      IP/N/1/SGP/P/1/Rev.1 
 Page 3 
 
 
  PART III  
PATENTABILITY  
13 Patentable inventions  
14 Novelty  
15 Inventive step  
16 Industrial application  
17 Priority date  
18 Disclosure of matter, etc., between earlier and later applications  
 
PART IV  
RIGHT TO APPLY FOR AND OBTAIN PATENT  
19 Right to apply for and obtain patent  
20 Determination before grant of questio ns about entitlement to patents, etc.  
21 Determination after grant of questions referred before grant  
22 Handling of application by joint applicants  
23 Effect of transfer of application under section 20 or 22  
24 Mention of inventor  
 
PART V  
APPLICATIONS FOR PATENTS  
25 Making of application  
26 Date of filing application  
27 Publication of application  
 
PART VI  
PROCEDURE FOR GRANT OF PATENT  
28 Preliminary examination  
29 Search and examination  
30 Grant of patent  
31 General power to amend application before grant  
32  
33 Information prejudicial to defence of Singapore or safety of public  
34 Restrictions on applications abroad by Singapore residents  
 
PART VII  
PROVISIONS AS TO PATENTS AFTER GRANT  
35 Publication and certificate of grant  
36 Term of patent  
36A Extension of term of patent  
37 Patent not to be impugned for lack of unity  
38 General power to amend specification after grant  
38A Search and examination after grant  
39 Restoration of lapsed patents  
40 Surrender of patents  
 
PART VIII  
PROPERTY IN PATENTS AND APPLICATIONS FOR PATENTS AND REGISTRATION  
41 Nature of, and transactions in, pa tents and applications for patents  
42 Register of patents  
43 Effect of registration, etc., on rights in patents  
44 Rectification of register  
45 Evidence of register, documents, etc.  
46 Co-ownership of patents and applications for patents  IP/N/1/SGP/P/1/Rev.1 
Page 4  
 
  47 Determination of right to patent after grant
 
48 Effect of transfer of patent under section 47  
 
PART IX  
EMPLOYEES’ INVENTIONS  
49 Right to employees’ inventions  
50 Supplementary provisions  
 
PART X  
CONTRACTS AS TO PATENTED PRODUCTS  
50A Application of this Part  
51 Avoidance of certain restrictive conditions  
52 Determination of parts of certain contracts  
 
PART XI  
LICENCES OF RIGHT AND COMPULSORY LICENCES  
53 Licences of right  
54 Cancellation of entry made under section 53  
55 Compulsory licences  
 
PART XII  
USE OF PATENTED INVENTIONS FOR SERVICES OF GOVERNMENT  
56 Use of patented inventions by Government and authorised parties  
57 Rights of third parties in respect of Government use  
58 References of disputes as to Government use  
59  
60 Nature and scope of rights under section 56  
61 Duty to inform patentee  
62 Patentee entitled to remuneration  
63  
64  
65  
 
PART XIII  
INFRINGEMENT OF PATENTS  
66 Meaning of infringement  
67 Proceedings for infringement of patent  
68 Reversal of burden of proof  
69 Restrictions on relief for infringement  
70 Relief for infringement of partially valid patent  
71 Right to continue use begun before priority date  
72 Certificate of contested validity of patent  
73 Proceedings for infringement by co-owner  
74 Proceedings for infringement by exclusive licensee  
75 Effect of non-registration on infringement proceedings  
76 Infringement of rights conferred by publication of application  
77 Remedy for groundless threats of infringement proceedings  
78 Declaration as to non-infringement  
 
     IP/N/1/SGP/P/1/Rev.1 
 Page 5 
 
 
  PART XIV  
REVOCATION OF PATENTS AND VALIDITY PROCEEDINGS  
79  
80 Power to revoke patents on application  
81 Registrar’s power to revoke patents  
82 Proceedings in which validity of  patent may be put in issue  
 
PART XV  
AMENDMENTS OF PATENTS AND APPLICATIONS  
83 Amendment of patent in infri ngement or revocation proceedings  
84 Amendments of appli cations and patents not to include added matter  
 
PART XVI  
INTERNATIONAL APPLICATIONS FOR PATENTS  
85 Effect of filing international application for patent  
86 International and natio nal phases of application  
87 Adaptation of provisions in rela tion to international application  
88 Evidence of Patent Co-operation Treaty and its instruments  
 
PART XVII  
LEGAL PROCEEDINGS  
89 Proceedings before court or Registrar  
90 Appeals from Registrar  
91 General powers of court  
92 Exercise of Registrar’s discretionary powers  
93 Right of audience in patent proceedings  
94 Extension of privilege for communications w ith solicitors relating to patent proceedings  
95 Privilege for communications with patent agents  
96 Costs and expenses in proceedings before Registrar  
97 Licences granted by order of Registrar  
 
PART XVIII  
OFFENCES  
98 Falsification of register, etc.  
99 Unauthorised claim of patent rights  
100 Unauthorised claim that patent has been applied for  
101 Misuse of title “Registry of Patents”  
102 Offences by corporations and partnerships  
103 Composition of offences  
 
PART XIX  
PATENT AGENTS  
104 Registration of patent agents  
105 Persons entitled to act as patent agents, etc.  
 
PART XX  
MISCELLANEOUS AND GENERAL  
106 Immunity of Office, its officers and Examiners  
107 Correction of errors in patents and applications  
108 Information about patent applications and patents, and inspection of documents  
109 Service by post  
110 Extension of time  
111 Hours of business and excluded days  IP/N/1/SGP/P/1/Rev.1 
Page 6  
 
  112 Government’s right to sell forfeited articles
 
113 Extent of invention  
114 Availability of samples of micro-organisms  
115 Rules  
115A Forms and directions of Registrar  
116 Fees to be paid to Office  
117 Transitional provisions  
  
THE SCHEDULE
 
SUBSTANCES WHICH ARE NOT PHARMACEUTICAL PRODUCTS  
  
LEGISLATION HISTORY
 
 
 
COMPARATIVE TABLE  
 
  
  Actual Provisions [ Jump to: Front Page  / Arrangement of Provisions / Actual Provisions ] 
  IP/N/1/SGP/P/1/Rev.1 
 Page 7 
 
 
   
PATENTS ACT 
 
(CHAPTER 221) 
 
An Act to establish a new law of patents, to enable  Singapore to give effect to certain international 
conventions on patents, and fo r matters connected therewith.  
  
[23rd February 1995]  
 
Notes:—Unless otherwise stated, the abbreviations  used in the references to other Acts and 
statutory provisions are references to the following Acts and statutory provis ions. The references are 
provided for convenience and are not part of the Act:  
UK Patents 1977 : UK Patents Act 1977 (c. 37) 
Aust. Patents 1990 : Australian Patents Act 1990 (Act No. 83 of 1990) 
 
 
PART I 
 
PRELIMINARY 
 
Short title 1.—This Act may be cited as the Patents Act.  
 
Interpretation  
2.—(1) In this Act, unless the context otherwise requires —  
 
"Convention on International E xhibitions" means the Conventio n relating to International 
Exhibitions signed in Paris on 22nd November  1928, as amended or supplemented by any 
protocol to that convention which is for the time being in force;   "corresponding application" , in relation to an application for a patent (referred to in this 
definition as the application in suit), means an application for protection filed, or treated as 
filed, with any prescribed patent office that —     
(a) forms the basis for a priority claim unde r section 17 in the application in suit; or  
 (b) is subject to a priority claim based on —  
 
(i)  the application in suit; or   (ii)  an application which is also  the basis for a priority claim under 
section 17 in the application in suit;  
 
"Council for TRIPS" means the Council for Trad e-Related Aspects of Intellectual Property 
Rights established under the TRIPS Agreement;   IP/N/1/SGP/P/1/Rev.1 
Page 8  
 
  "corresponding international application" , in re lation to an application for a patent (referred 
to in this definition as the application in suit) , means an application for protection filed under 
the Patent Co-operation Treaty that —     
(a)  forms the basis for a priority claim unde r section 17 in the application in suit; or  
 
(b)  is subject to a priority claim based on —   
(i)  the application in suit; or  
 
(ii)  an application which is also  the basis for a priority claim under 
section 17 in the application in suit;  
 
"corresponding patent" , in relation to a corres ponding application, means a patent granted in 
respect of the corresponding application by the prescribed patent office in which the 
corresponding application was filed or treated as filed;  
 "country" includes —     
(a)  a colony, protectorate or territory subject  to the authority or under the suzerainty 
of another country; or  
 
(b)  a territory administered by another country under the trusteeship of the United Nations;   
"court" means the High Court;  
 
"date of filing" , in relation to —     
(a)  an application for a patent made under this Act, means the date of filing that 
application by virtue of section 26; and   
(b)  any other application, means the date  which, under the law of the country where 
the application was made or in accordance with the terms of a treaty or convention 
to which that country is a party, is to be tr eated as the date of filing that application in 
that country or is equivalent to the date  of filing an application in that country 
(whatever the outcome of the application);  
 
"designate" , in relation to an application or a patent, means designate the country or countries 
(in pursuance of the Patent Co-operation Treat y) in which protection is sought for the 
invention which is the subject of the application or patent;   "Doha Declaration Implementation Decision" means the Decision adopted by the General 
Council of the World Trade Organisation on 30th August 2003 on the implementation of 
paragraph 6 of the Declaration on the TRIPS Ag reement and Public Health adopted in Doha 
on 14th November 2001;   "employee" means a person who works or (whe re the employment has ceased) worked under 
a contract of employment or in employment under or for the purposes of a Government 
department;   "employer" , in relation to an employee, means the person by whom the employee is or was employed;   IP/N/1/SGP/P/1/Rev.1 
 Page 9 
 
 
   
"European Patent Convention" means the Convention on the Grant of European Patents;   "European Patent Office" means the office of th at name established by the European Patent 
Convention;  
 
"Examiner" means such person, organisation or  foreign or international patent office or 
organisation as may be prescribed to whom the Registrar may refer questions relating 
to patents, including search and examin ation of applications for patents;  
 
“exclusive licence” means a licence from the proprietor of or applicant for a patent 
conferring on the licensee, or on him and persons authorised by him, to the exclusion of all 
other persons (including the proprietor or applican t), any right in respect of the invention to 
which the patent or application relates, and “exclusive licensee” and “non-exclusive licence” 
shall be construed accordingly;  
 
"filing fee" means the fee prescribed for the purposes of section 25;   "formal requirements" means those requirements of this Act and the rules which are designated by the rules as formal requi rements for the purposes of this Act;  
 
"international application for a patent" mean s an application made under the Patent Co-
operation Treaty;  
 
"international application for a patent (S ingapore)" means an application of that 
description which, on its date of filing, designates Singapore;  
 
"International Bureau" means the secretariat of the World Intellectual Property Organisation established by a convention signed at Stockholm on 14th July 1967;  
 
"international exhibition" means an official or  officially recognised international exhibition 
falling within the terms of the Convention on In ternational Exhibitions or falling within the 
terms of any subsequent treaty or convention replacing that convention;  
 
"international preliminary report on patentability" means —    
 
(a) an international preliminary report on patentability (Chapter I of the Patent Co-
operation Treaty); or  
 
(b) an international preliminary report on pa tentability (Chapter II of the Patent Co-
operation Treaty),  
 
referred to in the Regulations under the Patent Co-operation Treaty;  
 
“inventor”, in relation to an invention, means the actual deviser of the invention and “joint inventor” shall be  construed accordingly;  
 
"journal" has the same meaning as in section 115 (4);  
 
"legal officer" means a person appointed as a legal officer in the Singapore Legal Service;  
 
"marketing approval" , in relation to a pharma ceutical product, means a product licence under 
section 5 of the Medicines Act (Cap. 176);  IP/N/1/SGP/P/1/Rev.1 
Page 10  
 
   
"medicinal product" has the same meani ng as in the Medicines Act (Cap. 176);  
 
"missing part" , in relation to an application for a patent, means —    
 
(a)  any drawing; or  
 
(b)  any part of the description of the in vention for which the patent is sought,  
 
which was missing from the application at the date of filing of the application;  
 
"mortgage" , when used as a noun, includes a charge for securing money or money’s worth 
and, when used as a verb, shall be construed accordingly;  
 
"Office" means the Intellectual Property Office of Singapore incorporated under the 
Intellectual Property Office of Singapore Act (Cap. 140);  
 
"Paris Convention" means the Convention for the Protection of Industrial Property signed at 
Paris on 20th March 1883;  
 
"patent" means a patent under this Act and includes a patent in force by virtue of 
section 117 (3);  
 
"Patent Co-operation Treaty" means the treaty of that name signed at Washington on 19
th June 1970;  
 
“patented invention” means an invention for wh ich a patent is granted and “patented process” 
shall be construed accordingly;  
 
"patented product" means a product which is a pate nted invention or, in relation to a patented 
process, a product obtained directly by means of the process or to which the process has been 
applied;  
 
"person" includes the Government;  
 
"pharmaceutical product" means a medicinal produ ct which is a substance used wholly or 
mainly by being administered to a human being for the purpose of treating or preventing 
disease, but does not include —    
 
(a) any substance which is used solely —  
 
(i) for diagnosis or testing; or  
 
(ii) as a device or mechanism, or an instrument, apparatus or appliance; or  
 
(b) any substance or class of substances speci fied in paragraph 2 or 3 of the Schedule;  
 
"prescribed form" means a form published by the Registrar under section 115A;  
 
"priority date" means the date dete rmined as such under section 17;  
 
“published” means made available to the public  (whether in Singapore or elsewhere) and a 
document shall be taken to be published under any provision of this Act if it can be inspected  IP/N/1/SGP/P/1/Rev.1 
 Page 11 
 
 
  as of right at any place in Singapore by members of the public, whether on payment of a fee 
or not, and “republished” sha ll be construed accordingly;  
 "register" , when used as a noun, means the re gister of patents maintained under section 42 
and, when used as a verb, means, in relation to any thing, to register or register particulars, or 
enter notice, of that thing in the register and, when used in relation to a person, means to enter 
his name in the register;  
 
"registered patent agent" mean s a person whose name is entere d in the register of patent 
agents kept in accordance with the rules made under section 104;  
 
"Registrar" means the Registrar of Patents and includes any Deputy Registrar of Patents 
holding office under this Act;  
 
"Registry" means the Registry of Patents established under this Act;  
 
"relevant authority" , in relation to a pharm aceutical product, means the Health Sciences 
Authority established under the Health Sciences Authority Act (Cap. 122C);  
 
"relevant health product" means a patented inve ntion which is a product referred to in —    
 
(a)  paragraph 1 (a) of the Doha Declaration Implementation Decision; or  
 
(b)  paragraph 1 (a) of the Annex to the TRIPS Agreement;  
 
"right" , in relation to any patent or application, includes an interest in the patent or 
application and, without prejudice to the fore going, any reference to a right in a patent 
includes  a reference to a share in the patent;  
 
"scientific adviser" means any person with any scientific  qualification, any medical 
practitioner, engineer, architect, surveyor, account ant, actuary and any other specially skilled 
person;  
 
"TRIPS Agreement" means the Agreement on Trad e-Related Aspects of Intellectual Property 
Rights, set out in Annex 1C to the WTO Agre ement, as revised or amended from time to 
time;  
 
"WTO Agreement" means the World Trade Orga nisation Agreement signed in Marrakesh in 
1994 as revised or amended from time to time.  
 
[40/95; 3/2001;30/2001;19/2004] 
 
(2) Rules may provide for stating in the journal that an exhibition falls within the definition of 
“international exhibition” in subsec tion (1) and any such statement shall be conclusive evidence that 
the exhibition falls within that definition.    (3) For the purposes of this Act, a matter shall be  taken to have been disclosed in any relevant 
application within the meaning of section 17 or in th e specification of a patent if it was either claimed 
or disclosed (otherwise than by way of disclaimer or  acknowledgment of prior art) in that application 
or specification.    IP/N/1/SGP/P/1/Rev.1 
Page 12  
 
  (4) For the purposes of this Act —  
 
(a) a claim is related to another claim if —  
 
(i) the 2 claims are identical; or  
 
(ii) each limitation in the second claim —   
(A) is identical to a limitation in the first claim; or  
 
(B) differs from a limitation in the first claim only in expression but not in 
content; and  
 
(b) more than one claim may be related to a single claim.    
[19/2004] 
 
(5) References in this Act to an application for a pa tent, as filed, are references to such an application 
in the state it was on the date of filing.    (6) References in this Act to an application for a patent being published ar e references to its being 
published under section 27.   
 
(7) References in this Act to th e Paris Convention or the Patent Co-operation Treaty are references to 
that Convention or Treaty or any other internati onal convention or agreement replacing it, as amended 
or supplemented by any convention or internationa l agreement (including in either case any protocol 
or annex) to which Singapore is a party, or in accordance with the terms of any such convention or 
agreement and include references to any instrument made under any such convention or agreement.   
 (8) The Arbitration Act (Cap. 10) shall not apply to  any proceedings before the Registrar under this 
Act.    
Application to Government 
3.—This Act shall bind the Government.  
 
PART II 
 
ADMINISTRATION 
 
Registrar of Patents and other officers 
4.—(1) There shall be a Registrar of Patents who sh all have the chief control of the Registry of 
Patents.   
 (2) There shall be one or more Deputy Registrars of  Patents who shall, subject to the control of the 
Registrar, have all the powers and functions of the Registrar under this Act, other than the powers of 
the Registrar under section 5.   
 
(3) There shall be one or more Assistant Registrars of Patents.    (4) The Registrar and all the other officers under this  section shall be appointed by the Minister.   
  IP/N/1/SGP/P/1/Rev.1 
 Page 13 
 
 
  Delegation by Registrar 
5.—(1) The Registrar may, in relation to a partic ular matter or class of matters, by writing under his 
hand, delegate all or any of his pow ers or functions under this Act (ex cept this power of delegation) to 
an Assistant Registrar of Patents or any public offi cer so that the delegated powers and functions may 
be exercised by the delegate with respect to the matter or class of matters specified in the 
instrument of delegation.   
 (2) A delegation under this section is revocable at will and no delegation shall prevent the exercise 
of a power or function by the Registrar or  by any Deputy Registrar of Patents.   
 Registry of Patents 
6.—For the purposes of this Act, there shall be an  office which shall be known as the Registry of 
Patents.   
Seal of Registry 
7.—There shall be a seal of the Registry and impres sions of the seal shall be judicially noticed.  
 
Powers of Registrar 
8.—The Registrar may, for the purposes of this Act —  
 
(a) summon witnesses;  
 
(b) receive evidence on oath, whether orally or otherwise;  
 
(c) require the production of documents or articles; and  
 
(d) award costs against a party to proceedings before him.  
 
Disobedience to summons an offence 
9.—(1) A person who has been summoned to appear  as a witness before the Registrar shall not, 
without lawful excuse, fail to appear  in obedience to the summons.   
 
(2) A person who has been required by the Regist rar to produce a document or article shall not, 
without lawful excuse, fail to produce the document or article.    (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable 
on conviction to a fine not exceeding $2,000 or to im prisonment for a term not exceeding 3 months or 
to both.   
 
Refusal to give evidence an offence 
10.—(1) A person who appears before the Registrar sh all not, without lawful excuse, refuse to be 
sworn or to make an affirmation, or to produce do cuments or articles, or to answer questions, which 
he is lawfully required to produce or answer.   
 
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on 
conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.    Officers not to traffic in inventions 
11.—(1) An officer or person employed in the Registry  shall not buy, sell, acquire or traffic in an 
invention or patent, whether granted in Singapore or  elsewhere, or in a right to, or licence under, a 
patent, whether granted in Singapore or elsewhere.   IP/N/1/SGP/P/1/Rev.1 
Page 14  
 
  (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on 
conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.    (3) A purchase, sale, acquisition, assignment or transfer  made or entered into in  contravention of this 
section is void.   
 (4) This section shall not apply to the actual invent or or to an acquisition by bequest or devolution 
in law.    Officers not to furnish information 
12.—(1) An officer or person employed in the Registry shall not, except when required or authorised 
by this Act, or under a direction in writing of the Registrar or by order of a court —   
(a) furnish information on a matter which is bei ng, or has been, dealt with under this Act;  
 
(b) prepare, or assist in the preparation of, a document required or pe rmitted by or under this 
Act to be lodged in the Registry; or  
 
(c) conduct a search in the records of the Registry.  
 
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on 
conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.     
PART III 
 
PATENTABILITY 
 
Patentable inventions 
13.—(1) Subject to subsection (2), a patentable invention is one that satisfies the following 
conditions:   
(a) the invention is new;  
 
(b) it involves an inventive step; and  
 
(c) it is capable of industrial application.   
 
[40/95] 
 
(2) An invention the publication or exploitation of which would be generally expected to encourage 
offensive, immoral or anti-social behavi our is not a patentable invention.   
 
(3) For the purposes of subsection (2), behaviour sh all not be regarded as offensive, immoral or anti-
social only because it is prohibited by any law in force in Singapore.   
 
[UK Patents 1977, s. 1]   
  IP/N/1/SGP/P/1/Rev.1 
 Page 15 
 
 
  Novelty 
14.—(1) An invention shall be taken to be new if it does not form part of the state of the art.   
 (2) The state of the art in the case of an inventio n shall be taken to comprise all matter (whether a 
product, a process, information about either, or anything else) which has at any time before the 
priority date of that invention been made availa ble to the public (whether in Singapore or elsewhere) 
by written or oral description, by use or in any other way.    (3) The state of the art in the case of an invention to which an app lication for a patent or a patent 
relates shall be taken also to comprise matter contai ned in an application for another patent which was 
published on or after the priority date of that i nvention, if the following conditions are satisfied:  
 
(a) that matter was contained in the applicati on for that other patent both as filed and as 
published; and  
 
(b) the priority date of that matter is earlier than that of the invention.  
 (4) For the purposes of this section, the disclosur e of matter constituting an invention shall be 
disregarded in the case of a patent or an applica tion for a patent if occurring later than the beginning 
of the period of 12 months immediately preceding th e date of filing the application for the patent 
and either —  
 
(a) the disclosure was due to, or made in c onsequence of, the matter having been obtained 
unlawfully or in breach of confidence by any person —  
 
(i) from the inventor or from any other person to whom the matter was made 
available in confidence by the inventor or who obtained it from the inventor because 
he or the inventor believed that  he was entitled to obtain it; or  
 
(ii) from any other person to whom the ma tter was made available in confidence by 
any person mentioned in sub-paragraph (i) or  in this sub-paragraph or who obtained 
it from any person so mentioned because he or the person from whom he obtained it 
believed that he was entitled to obtain it;  
 
(b) the disclosure was made in breach of confidence by any person who obtained the matter in confidence from the inventor or from any other person to whom it was made available, or 
who obtained it, from the inventor;  
 
(c) the disclosure was due to, or made in consequence of, the inventor displaying the invention at an international e xhibition and the applicant states, on filing the application, that 
the invention has been so displayed and also , within the prescribed period, files written 
evidence in support of the statement complying with any prescribed condition; or  
 
(d) the disclosure was due to, or made in consequence of, the inventor describing the 
invention in a paper read by him or another pe rson with his consent or on his behalf before 
any learned society or published with his consen t in the transactions of any learned society.  
 (5) In subsection (4) (d), “learned society” includes any club or association constituted in Singapore 
or elsewhere whose main object is the promotion of any branch of learning or science.   
 (6) In this section, references to the inventor incl ude references to any proprietor of the invention 
for the time being.    IP/N/1/SGP/P/1/Rev.1 
Page 16  
 
  (7) In the case of an invention consisting of a substance or composition for use in a method of 
treatment of the human or animal body by surgery or therapy or of diagnosis practised on the human or animal body, the fact that the substance or comp osition forms part of the state of the art shall not 
prevent the invention from being taken to be new if  the use of the substance or composition in any 
such method does not form part of the state of the art.   
 
[UK Patents 1977, s. 2]   
 
Inventive step 
15.—An invention shall be taken to in volve an inventive step if it is  not obvious to a person skilled in 
the art, having regard to any matter which forms part of the state of the art by virtue only of 
section 14 (2) and without having re gard to section 14 (3).   
 
[UK Patents 1977, s. 3]  
 
Industrial application 
16.—(1) Subject to subsection (2), an invention shall be  taken to be capable of industrial application if 
it can be made or used in any kind of industry, including agriculture.    (2) An invention of a method of treatment of the human or animal body by surgery or therapy or of diagnosis practised on the human or animal body sh all not be taken to be  capable of industrial 
application.   
 (3) Subsection (2) shall not prevent a product cons isting of a substance or composition from being 
treated as capable of industrial application merely b ecause it is invented for use in any such method.   
 [UK Patents 1977, s. 4]   
 
Priority date 
17.—(1) For the purposes of this Act, the priority date  of an invention to which an application for a 
patent relates and also of any ma tter (whether or not the same as the invention) contained in the 
application is, except as provided by the provisions of this Act, the date of filing the application.   
 
(2)   Where in or in connection with an applica tion for a patent (referred to in this section as the 
application in suit) a declaration is made, whethe r by the applicant or any predecessor in title of his, 
complying with the relevant requirements of the ru les and specifying one or more earlier relevant 
applications for the purposes of this section made by the applicant or a predecessor in title of his, and 
the application in suit has a date of filing, within the period referred to in subsection (2A) (a) or 
(b), then —  
 
(a)  if an invention to which the application in  suit relates is supported by matter disclosed in 
the earlier relevant application or applications, the priority date of that invention shall, instead 
of being the date of filing the application in suit,  be the date of filing the relevant application 
in which that matter was disclosed or, if it was disclosed in more than one relevant 
application, the earliest of them; and  
 
(b)  the priority date of any matter containe d in the application in suit which was also 
disclosed in the earlier relevant application or applications shall be the date of filing the 
relevant application in which that matter was discl osed or, if it was disclosed in more than one 
relevant application, the earliest of them.    IP/N/1/SGP/P/1/Rev.1 
 Page 17 
 
 
  (2A)   For the purposes of subsection (2), the period is —  
 
(a)  the period of 12 months immediately following  the date of filing of the specified earlier 
relevant application or, if there is more than one  relevant application, the earliest of them; or  
 
(b)  where the Registrar has granted a request  under subsection (2B), the period commencing 
immediately after the period referred to in paragraph (a) and ending at the end of such period 
as may be prescribed.  
 (2B)   The applicant may make a request to th e Registrar for the declaration referred to in 
subsection (2) to be made after the period referred to in subsection (2A) (a).   
 (2C)   Where the applicant makes a request under subsec tion (2B), he shall, if he has failed to file the 
application in suit within the peri od referred to in subsection (2A) (a), indicate in the request whether 
his failure to file the application in suit w ithin the period referred to in subsection (2A)  (a) —  
 
(a)  occurred in spite of due care required by the circumstances having been taken; or  
 
(b)  was unintentional.   
(2D)   The Registrar shall grant a request under subsection (2B) if and only if —  
 
(a)  the request is made within such period and in such manner, and complies with such 
requirements, as may be prescribed; and  
 
(b)  where the applicant has failed to file the app lication in suit within the period referred to in 
subsection (2A) (a), the Registrar is satisfied that the app licant’s failure to file the application 
in suit within the period referred to in subsection (2A) (a) —  
 
(i)  occurred in spite of due care required by  the circumstances having been taken; or  
 
(ii)  was unintentional.  
 
(3) Where an invention or other matter contained in  the application in suit was also disclosed in 2 
earlier relevant applications filed by the same app licant as in the case of the application in suit or a 
predecessor in title of his and the second of those re levant applications was specified in or in 
connection with the application in suit, the second of those relevant applications shall, so far as it 
concerns that invention or matter, be disregarded unless —  
 
(a) it was filed in or in respect of the same country as the first; and  
 
(b) not later than the date of filing the second, the first (whether or not so specified) was unconditionally withdrawn, or was ab andoned or refused, without —  
 
(i) having been made available to the pu blic whether in Singapore or elsewhere;  
 
(ii) leaving any right outstanding; and  
 
(iii) having served to establish a priority date in relation to another application, 
wherever made.  
 IP/N/1/SGP/P/1/Rev.1 
Page 18  
 
  (4) This section shall apply for determining the prior ity date of an invention for which a patent has 
been granted as it applies for determining the priority date of an invention to which an application for 
that patent relates.    (5) In this section and section 18, “relevant app lication” means any of the following applications 
which has a date of filing:  
 
(a) an application for a patent under this Act; or  
 
(b) an application in or for a convention country for protection in respect of an invention or an 
application which, in accordance with the la w of a convention country or a treaty or 
international convention to which a convention country is a party, is equivalent to such an 
application.    
 
[30/2001] 
 
(6) In subsection (5), “conve ntion country” means —  
 
(a) a country other than Singapore that is a party to the Paris Convention or a member of the World Trade Organisation; or  
 
(b) any other country with which Singapore has entered into a treaty, convention, arrangement 
or engagement and which is declared by the Minister, by order published in the Gazette , as a 
convention country.  
 
[UK Patents 1977, s. 5]    
 
[30/2001] 
 
Disclosure of matter, etc., between earlier and later applications 
18.—(1) It is hereby declared for the avoidance of doubt that where an application (the application in 
suit) is made for a patent and a declaration is made in accordance with sec tion 17 (2) in or in 
connection with that application specifying an earlier relevant application, the application in suit and 
any patent granted in pursuance of it shall not be invalidated by reason only of the relevant 
intervening acts.    (2) In subsection (1), “relevant in tervening acts” means acts done in relation to matter disclosed in an 
earlier relevant application between the dates of the earlier relevant application and the application in 
suit, as for example, filing another application for the invention for which the earlier relevant 
application was made, making information available to the public about that invention or that matter 
or working that invention, but disregarding any app lication, or the disclosure to the public of matter 
contained in any application, which is itself to be disregarded for the purposes of section 17 (3).   
 [UK Patents 1977, s. 6]   
 
  IP/N/1/SGP/P/1/Rev.1 
 Page 19 
 
 
  PART IV 
 
RIGHT TO APPLY FOR AND OBTAIN PATENT 
 
Right to apply for and obtain patent 
19.—(1) Any person may make an application for a pate nt either alone or jointly with another.   
 
(2) A patent for an invention may be granted —  
 
(a) primarily to the inventor or joint inventors;  
 
(b) in preference to paragraph (a), to any person or persons who, by virtue of any enactment 
or rule of law, or any foreign law or treaty or  international convention, or by virtue of an 
enforceable term of any agreement entered into  with the inventor before the making of the 
invention, was or were at the time of the maki ng of the invention entitled to the whole of the 
property in it (other than equitable interests) in Singapore; or  
 
(c) in any event, to the successo r or successors in title of any person or persons mentioned in 
paragraph (a) or (b) or any person so mentioned and th e successor or successors in title of 
another person so mentioned,  
 and to no other person.    (3) Except so far as the contrary is established, a person who makes an application for a patent shall 
be taken to be the person who is  entitled under subsection (2) to be granted a patent and 2 or more 
persons who make such an application jointly sh all be taken to be the persons so entitled.   
 
[UK Patents 1977, s. 7]   
 
Determination before grant of questions about entitlement to patents, etc. 
20.—(1) At any time before a patent has been granted for an invention —  
 
(a) any person may refer to the Registrar the question whether he is entitled to be granted 
(alone or with any other persons) a patent for th at invention or has or would have any right in 
or under any patent so granted or any application for such a patent; or  
 
(b) any of 2 or more co-proprietors of an app lication for a patent for that invention may so 
refer the question whether any right in or under a pplication should be tran sferred or granted to 
any other person,  
 
and the Registrar shall determine the question and may make such order as he thinks fit to give 
effect to the determination.    (2) Where a person refers a question rela ting to an invention under subsection (1) (a) to the Registrar 
after an application for a patent for the invention has been filed and before a patent is granted in 
pursuance of the application, then, unless the application is refused or  withdrawn before the reference 
is disposed of by the Registrar, the Registrar may,  without prejudice to the generality of subsection (1) 
and subject to subsection (6) —   
(a) order that the application shall proceed in the name of that person, either solely or jointly 
with that of any other applican t or any specified applicant;  
 IP/N/1/SGP/P/1/Rev.1 
Page 20  
 
  (b) where the reference was made by 2 or mo re persons, order that the application shall 
proceed in all their names jointly;  
 
(c) refuse to grant a patent in pursuance of th e application or order the application to be 
amended so as to exclude any of the matter in respect of which the question was referred; or  
 
(d) make an order transferring or granting any licence or other right in or under the application and give directions to any person for carrying out the provisions of any such order.   
(3) Where a question is referred to  the Registrar under subsection (1) (a) and —  
 
(a) the Registrar orders an application for a patent for the invention to which the question 
relates to be so amended;  
 
(b) any such application is refused under subsection (2) (c) before the Registrar has disposed 
of the reference (whether the reference was made before or after the publication of the 
application); or  
 
(c) any such application is refused under any other provision of this Act or is withdrawn 
before the Registrar has disposed of the referenc e, but after the publication of the application,  
 
the Registrar may order that any person by whom the reference was made may within the prescribed 
period make a new application for a patent for the w hole or part of any matter comprised in the earlier 
application or, as the case may be, for all or any of the matter excluded from the earlier 
application, subject in either case to section 84, an d in either case that, if such a new application is 
made, it shall be treated as having been filed on the date of filing the earlier application.   
 (4) Where a person refers a question under subsection (1) (b) relating to an application, any order 
under subsection (1) may contain directions to any pe rson for transferring or granting any right in or 
under the application.    
(5) If any person to whom directions have been given under subsection (2) (d) or (4) fails to do 
anything necessary for carrying out any such directions within 14 days after the date of the directions, 
the Registrar may, on application made to him by  any person in whose favour or on whose reference 
the directions were given, authorise him to do that thing on behalf of the person to whom the 
directions were given.   
 
(6) Where on a reference under this section it is allege d that, by virtue of any transaction, instrument 
or event relating to an invention or an application for a patent, any person other than the inventor or 
the applicant for the patent has become entitled to be granted (whether alone or with any other 
persons) a patent for the invention or has or would ha ve any right in or under any patent so granted or 
any application for any such patent, an or der shall not be made under subsection (2) (a), (b) or (d) on 
the reference unless notice of the reference is given to the applicant and any such person, except any 
of them who is a party to the reference.    (7) If it appears to the Registrar on a reference of  a question under this section that the question 
involves matters which would more properly be determ ined by the court, he may decline to deal with 
it and, without prejudice to the court’s jurisdic tion to determine any such question and make a 
declaration, the court shall have jurisdiction to do so.     IP/N/1/SGP/P/1/Rev.1 
 Page 21 
 
 
  (8) No direction shall be given under this section so  as to affect the mutual rights or obligations 
of trustees or of the personal representatives of d eceased persons, or their rights or obligations as 
such.    
[UK Patents 1977, s. 8]   
 
Determination after grant of questions referred before grant 
21.—If a question with respect to a patent or applic ation is referred by any person to the Registrar 
under section 20, and is not determined before the ti me when the application is first in order for a 
grant of a patent in pursuance of the application, th at fact shall not prevent the grant of a patent, but 
on its grant that person shall be treated as ha ving referred to the Registrar under section 47 any 
question mentioned in that section which the Registrar thinks appropriate.   
 
[UK Patents 1977, s. 9]  
 
Handling of application by joint applicants 
22.—If any dispute arises between joint applicants  for a patent whether or in what manner the 
application should be proceeded with, the Registrar ma y, on a request made by any of the parties, give 
such directions as he thinks fit for enabling the app lication to proceed in the name of one or more of 
the parties alone or for regulating the manner in wh ich it shall be proceeded with, or for both those 
purposes, as the case may require.   
 
[UK Patents 1977, s. 10]  
 
Effect of transfer of application under section 20 or 22 
23.—(1) Where an order is made or directions are given under section 20 or 22 that an application for 
a patent shall proceed in the name of one or some of the original applicants (whether or not it is also 
to proceed in the name of some other person), an y licences or other rights in or under the application 
shall, subject to the provisions of the order and any directions under e ither of those sections, 
continue in force and be treated as granted by th e persons in whose name the application is to 
proceed.    
(2) Where an order is made or directions are give n under section 20 that an application for a patent 
shall proceed in the name of one or more persons none of whom was an original applicant (on the 
ground that the original applicant or applicants was or were not entitled to be granted the patent), any 
licences or other rights in or under the application sha ll, subject to the provisions of the order and any 
directions under that section and subject to subsect ion (3), lapse on the registration of the person or 
those persons as the applicant or applicants or, wh ere the application has not been published, on the 
making of the order.    (3) If before registration of a reference under section 20 resulting in the making of any order 
mentioned in subsection (2) —   
(a) the original applicant or any of the appli cants, acting in good faith, worked the invention 
in question in Singapore or made effective and serious preparations to do so; or  
 
(b) a licensee of the applicant, acting in good faith, worked the invention in Singapore or 
made effective and serious preparations to do so,  
 
that or those original applicant or applicants or the licensee shall, on making a request within 
the prescribed period to the person in whose name the application is to proceed, be entitled to be 
granted a licence (but not an exclusive licence) to continue working or, as the case may be, to work 
the invention.   IP/N/1/SGP/P/1/Rev.1 
Page 22  
 
  (4) Any such licence shall be granted for a r easonable period and on reasonable terms.   
 (5) Where an order is made as mentioned in subsec tion (2), the person in whose name the application 
is to proceed or any person claiming that he is en titled to be granted any such licence may refer to the 
Registrar the question whether the latter is so en titled and whether any such period is or terms are 
reasonable.   
 (6) The Registrar shall determine the question unde r subsection (5) and may, if he considers it 
appropriate, order the grant of such a licence.    [UK Patents 1977, s. 11]   
 
Mention of inventor 
24.—(1) The inventor or joint inventors of an inventi on shall have a right to be mentioned as such in 
any patent granted for the invention and shall also ha ve a right to be so mentioned if possible in any 
published application for a patent for the invention and, if not so mentioned, a right to be so 
mentioned in accordance with the ru les in a prescribed document.   
 (2) Unless he has already given the Registry the information mentioned in this subsection, an 
applicant for a patent shall, within the prescribed  period, file with the Registry a statement —  
 
(a) identifying the person or persons whom he be lieves to be the inventor or inventors; and  
 
(b) where the applicant is not the sole inventor or the applicants are not the joint inventors, 
indicating the derivation of his or their right to be granted the patent,  
 
and, if he fails to do so, the application shall be treated as having been abandoned.   
 (3) Where a person has been mentioned as a sole or joint inventor under this section, any other 
person who alleges that the former ought not to ha ve been mentioned may at any time apply to the 
Registrar for a certificate to that effect, and the Registrar may issue such a certificate.   
 [UK Patents 1977, s. 13]   
 
 
PART V 
 
APPLICATIONS FOR PATENTS 
 
Making of application 
25.—(1) Every application for a patent —  
 
(a) shall be made in the prescribed form and sha ll be filed at the Registry in the prescribed 
manner; and  
 
(b) shall be accompanied by the fee prescribed  for the purposes of this subsection.  
 (2) Where an application is not accompanie d by the fee mentioned in subsection (1) (b), the fee shall 
be paid within the prescribed period.     IP/N/1/SGP/P/1/Rev.1 
 Page 23 
 
 
  (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 applica tion being initiated by documents complying with 
section 26 (1).   
 (4) The specification of an application shall disclo se the invention in a manner which is clear and 
complete for the invention to be perform ed by a person skilled in the art.   
 
(5) The claim or claims shall —  
 
(a) define the matter for which the applicant seeks protection;  
 
(b) be clear and concise;  
 
(c) be supported by the description; and  
 
(d) relate to one invention or to a group of i nventions which are so linked as to form a single 
inventive concept.  
 
(6) Without prejudice to the generality of subsection (5)  (d), the rules may provide for treating 2 or 
more inventions as being so linked as to form a singl e inventive concept for the purposes of this Act.   
 (7) The purpose of the abstract is to give technical information and on publication it shall not form part of the state of the art by virtue of sec tion 14 (3), and the Registrar may determine whether 
the abstract adequately fulfils its purpose and, if it does not, may reframe it so that it does.   
 
(8) An application for a patent may be withdrawn at any time before the patent is granted and any 
withdrawal of such an application may not be revoked.    
[UK Patents 1977, s. 14]   
 
Date of filing application 
26.—(1)   Subject to the provisions of this Act, the date of filing an application for a patent shall be 
taken to be the earliest date on which the documents filed at the Registry to initiate the application 
satisfy the following conditions:   
(a)  the documents indicate that a patent is sought;  
 
(b)  the documents identify the applicant for the patent; and  
 
(c)  the documents contain —  
 
(i)  something which is or appears to be a description of the invention for which the patent is sought; or  
 IP/N/1/SGP/P/1/Rev.1 
Page 24  
 
  (ii)  where a declaration under section 17 (2) is made in or in connection with the 
application —   
(A)  a reference to an earlier relevant application specified in the declaration;   
(B)  such information on the earlier relevant application as may be 
prescribed; and   (C)  a statement that the description of the invention for which the patent is 
sought is incorporated in the applicati on by reference to, and is completely 
contained in, the earlier relevant application, as filed.  
 
(2)   For the purposes of subsection (1) (c) (i), it is immaterial whether —  
 
(a)  the thing is in, or is accompanied by a translation into, a language accepted by the 
Registry in accordance with the rules; or  
 
(b)  the thing otherwise complies with the other provisions of this Act and with any relevant 
rules.  
 (3)   Where the Registrar determines that the documents  filed at the Registry to initiate an application 
for a patent do not satisfy all of the conditions in subsection (1) (a), (b) and (c) (i) or (ii) —  
 
(a)  the Registrar shall, as soon as practicable  after the filing of those documents, notify the 
applicant of what else must be filed in order for the application to have a date of filing; and  
 
(b)  the applicant shall, within such period as may be prescribed, do either or both of the 
following:   
(i)  make observations on the Registrar’s determination;  
 
(ii)  file every document which must be f iled in order for the application to have a 
date of filing.  
 (4)   Where subsection (3) applies, if the applicant fails to file every document which must be filed in 
order for the application to have a date of f iling before the end of the period prescribed under 
subsection (3) (b), the application shall be treated as having been abandoned.   
 
(5)   Subsection (4) does not apply if —   
(a)  the applicant makes observations as mentioned in subsection (3) (b) (i) before the end of 
the period prescribed under subsection (3)  (b); and  
 
(b)  as a result of the observations, the Registrar is satisfied that the documents filed at the 
Registry to initiate the application satisfy  all of the conditions in subsection (1) (a), (b) and 
(c) (i) or (ii).  
 (6)   Where the documents filed at the Registry to in itiate an application for a patent satisfy all of the 
conditions in subsection (1) (a), (b) and (c) (i) or (ii), the Registrar sha ll, as soon as practicable after 
the filing of the last of those documents, notify the app licant of the date of filing of the application.   
  IP/N/1/SGP/P/1/Rev.1 
 Page 25 
 
 
  (7)   Where an application for a patent has a date of filing under subsection (1) by reason only that the 
documents filed at the Registry to initiate the application satisfy the conditions in subsection (1) 
(a), (b) and (c) (ii), the applicant shall, within such period as may be prescribed, file at the Registry —  
 
(a)  a written notice confirming that the descripti on of the invention for which the patent is 
sought is incorporated in the application by reference to the earlier relevant application 
referred to in subsection (1) (c) (ii) (C);  
 
(b)  the description of the invention for which the patent is sought; and   
(c)  such other documents as may be prescribed.  
 (8)   If an application for a patent has a date of fili ng by virtue of subsection (1), the applicant files at 
the Registry any missing part of the application wi thin such period and in such manner as may be 
prescribed, and the applicant does not withdraw that  missing part before the end of that period, 
then —  
 
(a)  that missing part shall be treated as included in the application; and  
 
(b)  the date of filing of the application shall be  the date on which that mi ssing part is filed at 
the Registry.  
 
(9)   Subsection (8) (b) does not apply if —  
 
(a)  on or before the date which is the date of f iling of the application for a patent by virtue of 
subsection (1), a declaration is made under sec tion 17 (2), in or in connection with the 
application, specifying an earlier relevant application; and  
 
(b)  within such period as may be prescribed, the applicant —  
 
(i)  makes a request to the Registrar for subsection (8) (b) not to apply to the 
application;  
 
(ii)  files a statement that the missing part referred to in subsection (8) is incorporated 
in the application by reference to, and is completely contained in, the earlier 
relevant application, as filed;  
 
(iii)  furnishes such information on th e earlier relevant application as may be 
prescribed; and  
 
(iv)  files such other documents as may be prescribed.  
 (10)   Subsections (8) and (9) do not affect the pow er of the Registrar under section 107 (1) to correct 
an error or a mistake.   
 (11)   Where, after an application for a patent h as been filed and before the conditions in section 30 
(2) and (3) are satisfied —   
(a)  a new application is filed by the origin al applicant or his su ccessor in title in accordance 
with the rules in respect of any part of the matter contained in the earlier application; and  
 
(b)  the conditions in subsection (1) (a), (b) and (c) (i) or (ii) are satisfied in relation to the 
new application (without the new a pplication contravening section 84),  IP/N/1/SGP/P/1/Rev.1 
Page 26  
 
  the new application shall be treated as having, as its date of filing, the date of filing of the 
earlier application.    (12)   Where an application has a date of filing by  virtue of this section, the application shall be 
treated as having been abandoned unless —  
 
(a)  the applicant files at the Registry, before the end of such period as may be prescribed, one 
or more claims for the purposes of the application;  
 
(b)  the applicant pays the filing fee under section 25 (1) (b) before the end of the period 
prescribed under section 25 (2); and  
 
(c)  where the application has a date of filin g under subsection (1) by reason only that the 
documents filed at the Registry to initiate  the application satisfy the conditions in 
subsection (1) (a), (b) and (c) (ii), the applicant files at the Registry the documents referred to 
in subsection (7) (a), (b) and (c) before the end of the period prescribed under subsection (7).  
 (13)   In this section, “relevant applicati on” has the same meaning as in section 17 (5).   
 
Publication of application 
27.—(1) Subject to section 33, where an application h as a date of filing, then, as soon as possible after 
the end of the prescribed period, the Registrar sh all, unless the application is withdrawn in the 
prescribed manner, treated as having been aban doned or refused before preparations for its 
publication have been completed by the Registry, publish it as filed (including not only the original 
claims but also any amendment of those claims and new claims subsisting immediately before the completion of those preparations).    
 
[19/2004] 
 
(2) The Registrar may, if so requested by the applicant, publish the application as mentioned in 
subsection (1) during the prescribed period, and in e ither event shall publish the fact and date of its 
publication in the journal.   
 
(3) The Registrar may omit from the specification of a published application for a patent any 
matter —   
(a) which in his opinion disparages any person in a way likely to damage him; or  
 
(b) the publication or exploitation of which woul d in his opinion be generally expected to 
encourage offensive, immoral or anti-social behaviour.  
 
[UK Patents 1977, s. 16]   
  
PART VI 
 
PROCEDURE FOR GR ANT OF PATENT 
 
Preliminary examination 
28.—(1)   The Registrar shall conduct a preliminary ex amination of an application for a patent if —  
 
(a)  the application has a date of filing;   IP/N/1/SGP/P/1/Rev.1 
 Page 27 
 
 
   
(b)  the application has not been withdrawn or treated as abandoned;   (c)  the filing fee under section 25 (1) (b) has been paid;  
 
(d)  one or more claims for the purposes of th e application have been filed under section 26 
(12) (a); and  
 (e)  where the application has a date of filing under section 26 (1) by reason only that the documents filed at the Registry to initiate the application satisfy the conditions in section 26 
(1) (a), (b) and (c) (ii), the documents referred to in section 26 (7) (a), (b) and (c) have been 
filed at the Registry.  
 (2)   If, after the Registrar has conducted a prelim inary examination of an application for a patent 
under subsection (1), the applicant files at the Regi stry, and does not withdraw, any missing part of 
the application in accordance with section 26 (8 ), then the Registrar shall conduct another 
preliminary examination of the application, w ith the missing part treated as included in the 
application.    (3)   On a preliminary examination of an a pplication, the Registrar shall determine —  
 
(a)  whether the application complies with all the formal requirements; and  
 
(b)  whether —  
 
(i)  any drawing referred to in the application; or  
 
(ii)  any part of the description of the in vention for which the patent is sought,  
 
is missing from the application.  
 (4)   If the Registrar determines under subsection (3) (a) that not all the formal requirements have 
been complied with, then the Registrar shall notif y the applicant accordingly and shall specify in 
the notification a period during which the applicant shall have the opportunity —   
(a)  to make observations on the Registrar’s determination; and  
 
(b)  subject to section 84, to amend the appli cation so as to comply with all the formal 
requirements.   
(5)   Where subsection (4) applies, the Registrar ma y refuse the application if the applicant fails to 
amend the application as mentioned in paragraph (b) of that subsection before the end of the period 
specified by the Registrar under that subsection.   
 
(6)   Subsection (5) does not apply if —   
(a)  the applicant makes observations as mentioned in subsection (4) (a) before the end of the 
period specified by the Registrar under subsection (4); and  
 
(b)  as a result of the observations, the Registrar is satisfied that all the formal requirements 
have been complied with.  
 IP/N/1/SGP/P/1/Rev.1 
Page 28  
 
  (7)   If the Registrar determines under subsection (3) (b) that a drawing or part of the description of 
the invention is missing from the application, then the Registrar shall notify the applicant 
accordingly.    (8)   Where subsection (7) applies, if the applicant files the drawing or part of the description of the 
invention that is missing from the application with in such period and in such manner as may be 
prescribed, and the applicant does not withdraw that drawing or part of the description of 
the invention before the end of that period, then —   
(a)  that drawing or part of the description of the invention shall be treated as included in the 
application; and  
 
(b)  the date of filing of the application shall be  the date on which that drawing or part of the 
description of the invention is filed at the Registry.  
 
(9)   Subsection (8) (b) does not apply if —  
 
(a)  on or before the date which is the date of filing of the application by virtue of section 26 
(1), a declaration is made under section 17 (2), in or in connection with the application, 
specifying an earlier relevant application; and  
 
(b)  within such period as may be prescribed, the applicant —  
 
(i)  makes a request to the Registrar for subsection (8) (b) not to apply to the 
application;  
 
(ii)  files a statement that the drawing or part of the description of the invention 
referred to in subsection (8) is incorporated in the application by reference to, and is 
completely contained in, the earlier relevant application, as filed;  
 
(iii)  furnishes such information on th e earlier relevant application as may be 
prescribed; and  
 
(iv)  files such other documents as may be prescribed.  
 (10)   In subsection (9), “relevant application” has the same meaning as in section 17 (5).    Search and examination 
29.—(1) Where an application for a patent complies with all the formal requirements, the Registrar 
shall send a notification to the applicant.     
[19/2004] 
 (2) The applicant shall comply with any of the fo llowing paragraphs which is  applicable within the 
period prescribed for that paragraph:   
(a) where the application is not an internationa l application for a patent (Singapore) that has 
entered the national phase in Singapore under secti on 86 (3), file a request in the prescribed 
form and pay the prescribed fee for a search report;  
 
(b) file a request in the prescribed form and pay the prescribed fee for a search and 
examination report;  
  IP/N/1/SGP/P/1/Rev.1 
 Page 29 
 
 
  (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 prescr ibed 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 repor t 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 prescr ibed 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) —  
 IP/N/1/SGP/P/1/Rev.1 
Page 30  
 
  (i) file —  
 
(A) a copy of the international search report issued in respect of the application;  
 
(B) where the international search repor t 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.   
 
[19/2004] 
 
(3) Where the applicant has filed a request and paid the prescribed fee for a search report under 
subsection (2) (a), the Registrar shall —  
 
(a) cause the application to be subjected to a sear ch by an Examiner to discover the relevant 
prior art contained in —  
 
(i) such documentation as may be prescribed; and  
 
(ii) any additional documentation that the Ex aminer is aware of and considers to be 
relevant; and  
 
(b) upon receiving the search report prepared  by the Examiner, send the applicant a 
notification and a copy of the search report.    
 
[19/2004] 
 
(4) Upon receiving the search report under subsection (3) (b) from the Registrar, the applicant shall, 
within the prescribed period, file a request in th e prescribed form and pay the prescribed fee for an 
examination report.     
[19/2004] 
 
(5) Where the applicant has filed a request and paid the fee for an examination report under 
subsection (2) (c) (i), (d) (i) or (e) (i) or (4), the Registrar shall —  
 
(a) cause the application to be subjected to an examination by an Examiner to determine —  
 
(i) whether the conditions specified in sections 13 and 25 (4) and (5) have been 
complied with;  
 
(ii) whether the application discloses any a dditional matter referred to in section 84 
(1); and  
  IP/N/1/SGP/P/1/Rev.1 
 Page 31 
 
 
  (iii) whether the application discloses any matter extending beyond that disclosed in 
the application as filed,   
taking into consideration all the relevant prior art, if any, that the Examiner is aware of or that 
has been referred to in the search report or inte rnational search report, as the case may be; and  
 
(b) upon receiving the examination report prepar ed by the Examiner, send the applicant a 
notification and a copy of the examination report.     
[19/2004] 
 
(6) Where the applicant has filed a request and paid  the fee for a search and examination report under 
subsection (2) (b), the Registrar shall —  
 
(a) cause the application to be subjected to —  
 
(i) a search by an Examiner to discover the relevant prior art contained in —  
 
(A) such documentation as may be prescribed; and  
 
(B) any additional documentation that the Examiner is aware of and considers 
to be relevant; and  
 
(ii) an examination by an Examiner to determine —  
 
(A) whether the conditions specified in sections 13 and 25 (4) and (5) have 
been complied with;  
 
(B) whether the application discloses any additional matter referred to in section 84 (1); and  
 
(C) whether the application discloses any matter extending beyond that 
disclosed in the application as filed,  
 
taking into consideration all the relevant prio r art, if any, that the Examiner is aware 
of or that has been discovered in the search; and  
 
(b) upon receiving the search and examination re port prepared by the Examiner, send the 
applicant a notification and a copy of the search and examination report.    
 
[19/2004] 
 
(7) If, within the prescribed period under —  
 
(a) paragraph (b), (c) (i) or (ii), (d) (i) or (ii) or (e) (i) or (ii) of subsection (2); or  
 
(b) subsection (4),  
 
an applicant files a request in the prescribed fo rm and pays the prescribed fee for that period to 
be extended, the applicant shall perform the acts set out in that provision within the prescribed 
extended period for performing those acts.    
[19/2004] IP/N/1/SGP/P/1/Rev.1 
Page 32  
 
   
Grant of patent 
30.—(1) Subject to subsection (4), the Registra r shall grant the applicant a patent if —  
 
(a) the conditions in subsection (2) are satisfied before the end of the prescribed period or any 
extension thereof; and  
 
(b) the conditions in subsection (3) have been satisfied.    
 
[19/2004] 
 
(2) The conditions referred to in subsection (1) (a) are —  
 
(a) that all the formal requirements have been complied with;  
 
(b) that the Registrar has received —  
 
(i) the search report referred to in section 29 (3) and the examination report referred 
to in section 29 (5);  
 
(ii) the search and examination report referred to in section 29 (6);  
 
(iii) the search report referred to in section 29 (2) (c) (i), the examination report 
referred to in section 29 (5) and, where the sear ch report is not in English, an English 
translation of the search report;  
 
(iv) the prescribed information referred to in section 29 (2) (c) (ii) or (d) (ii) and, 
where the prescribed information includes an y document that is not in English, an 
English translation of such document;  
 
(v) the international search report referred to in section 29 (2) (d) (i) or (e) (i), the 
examination report referred to in section 29 (5) and, where the international search 
report is not in English, an English transl ation of the international search report; or  
 
(vi) in the case of an international application for a patent (Singapore) which has entered the national phase in Singapore under section 86 (3), as an alternative to the 
document or documents referred to in any of sub-paragraphs (ii), (iii), (iv) and (v) —  
 
(A) the notice referred to in section 29 (2) (e) (ii);  
 
(B) an international search report in respect of that application;  
 
(C) an international preliminary repor t on patentability in respect of that 
application; and  
 
(D) where any report referred to in sub-pa ragraph (B) or (C) is not in English, 
an English translation of that report;  
 
(c) that the prescribed documents for the gran t of the patent have been filed; and  
 
(d) that the prescribed fee for the gran t of the patent has been paid.    
 
[19/2004]  IP/N/1/SGP/P/1/Rev.1 
 Page 33 
 
 
  (3) The conditions referred to in subsection (1) (b) are —  
 
(a) that —  
 
(i) the document or documents received by the Registrar under subsection (2) (b) 
do not disclose any unresolved objection on the ground that the claim or claims in the 
application do not relate to one invention or to a group of inventions which are so 
linked as to form a single inventive concept; or  
 
(ii) if any such objection is disclosed, the a pplicant has satisfied the Registrar that the 
objection has been resolved;  
 
(b) where the applicant relies on any examina tion report referred to in section 29 (5), any 
search and examination report referred to in sec tion 29 (6) or any international preliminary 
report on patentability referre d to in subsection (2) (b) (vi), that each claim in the application 
at the time the prescribed documents for the gran t of the patent were filed and the prescribed 
fee for the grant of the patent was paid is relate d to at least one claim in the application at the 
time the report was issued —  
 
(i) which has been examined; and  
 
(ii) which is referred to in the report;  
 
(c) where the applicant relies on the prescrib ed information relating to a corresponding 
application referred to in section 29 (2) (c) (ii) or the prescribed information relating to a 
corresponding international applica tion referred to in section 29 (2) (d) (ii), at the time 
the prescribed documents for the grant of the pa tent were filed and the prescribed fee for the 
grant of the patent was paid, that each claim in  the application is related to at least one 
claim —  
 
(i) which is set out in the prescribed information relating to the corresponding application or corresponding international application, as the case may be; and  
 
(ii) which has been examined to determin e whether the claim appears to satisfy the 
criteria of novelty, inventive step (or non- obviousness) and industrial applicability (or 
utility);  
 
(d) that the invention is not an inven tion referred to in section 13 (2); and  
 
(e) that there is —  
 
(i) no other application for a patent for th e same invention having the same priority 
date filed by the same applicant or his successor in title; and  
 
(ii) no earlier grant of a patent for the same  invention having the same priority date to 
the same applicant  or his successor in title.    
 
[19/2004] 
 
(4) If, within the prescribed period under subsection (1) (a) —  
 
(a) an appeal is filed in court in respect of an application; and  
 IP/N/1/SGP/P/1/Rev.1 
Page 34  
 
  (b) the applicant applies to the court to exte nd that period while the appeal is pending,  
 the court may extend that period to such date as the court may determine.     
[19/2004] 
 
(5) Where the conditions in subsection (2) are not sa tisfied before the end of the prescribed period 
under subsection (1) (a) or any extension thereof, the applicant shall be deemed to have abandoned his 
application at the end of that period.     
[19/2004] 
 
(6) If the Registrar is of the opinion that any cond ition in subsection (3) has not been satisfied —  
 
(a) the Registrar shall send a notification to the applicant setting out the grounds for the 
Registrar’s objection to granting a patent;  
 
(b) the applicant shall have the right to r espond to the Registrar’s objection within a 
period specified by the Registrar;  
 
(c) unless the Registrar withdraws his objection, th e applicant shall, within a period specified 
by the Registrar and subject to section 84, amend the specification of his application in 
accordance with the prescribed conditions, with  a view to satisfying the conditions in 
subsection (3); and  
 
(d) if any condition in subsection (3) remains unsat isfied at the end of the period referred to in 
paragraph (c), the applicant shall be deemed to have  abandoned his application at the end of 
that period.    
 
[19/2004] 
 
General power to amend application before grant 
31.—(1) If it appears to an Examiner during the examination of an application that —  
 
(a) the conditions specified in sections 13 and 25  (4) and (5) have not been complied with; or  
 
(b) the application discloses —  
 
(i) any additional matter referred to in section 84 (1); or  
 
(ii) any matter extending beyond that disclosed  in the application for the patent as 
filed,  
 
the Examiner shall give the applicant at least one  written opinion to that effect, and the Registrar 
shall, upon receiving the written opinion, send the app licant a notification and a copy of the written 
opinion.     
[19/2004] 
 
(2) The applicant shall, before the examin ation report is issued, have the right —  
 
(a) to respond in the prescribed manner to th e written opinion within any prescribed period; 
and   IP/N/1/SGP/P/1/Rev.1 
 Page 35 
 
 
   
(b) subject to section 84, to amend in the prescribed manner the specification of the application in accordance with the prescribed conditions.    
 
[19/2004] 
 
(3) Notwithstanding subsection (1), during any period  prescribed for the purposes of this subsection, 
the applicant may, in accordance w ith the prescribed conditions and subject to section 84, amend the 
application of his own volition.     
[19/2004] 
 
32.—(Repealed by Act 19/2004 )  
 
Information prejudicial to defence of Singapore or safety of public  
33.—(1) Where an application for a patent is filed in the Registry (whether under this Act or any 
treaty or international convention to  which Singapore is a party) and it appears to the Registrar that 
the application contains information of a descrip tion notified to him by the Minister as being 
information the publication of which might be prejud icial to the defence of Singapore, the Registrar 
shall give directions prohibiting or restricting the pu blication of that information or its communication 
to any specified person or description of persons.   
 
(2) If it appears to the Registrar that any applicatio n so filed contains information the publication of 
which might be prejudicial to the safety of the public , he may give directions prohibiting or restricting 
the publication of that information or its communi cation to any specified person or description of 
persons until the end of a period not exceeding 3 m onths from the end of a period prescribed for the 
purposes of section 27.   
 (3) While directions are in force under this section with respect to an application —   
(a) if the application is made under this Act, it will be held in abeyance after the formal 
requirements of this Act and the rules have b een met and will not proceed to be processed in 
accordance with section 29 until the direc tions are revoked under subsection (4) (e); and  
 
(b) if it is an international application for a patent, a copy of it shall not be sent to the 
International Bureau or any international search ing authority appointed under the Patent Co-
operation Treaty.  
 
(4) Where the Registrar gives directions under this section with respect to any application, he shall 
give notice of the application and of the directions to the Minister, and the following provisions shall 
then have effect:   
(a) the Minister shall, on receipt of the notice, consider whether the publication of the 
application or the publication or communicati on of the information in question would be 
prejudicial to the defence of Singapore or the safety of the public;  
 
(b) if the Minister determines under paragraph (a) that the publication or communication of 
that information would be prejudicial to the saf ety of the public, he shall notify the Registrar 
who shall continue his directions under subsection (2) until they are revoked under 
paragraph (e);  
 
(c) if the Minister determines under paragraph (a) that the publication of the application or the 
publication or communication of that information would be prejudicial to the defence of IP/N/1/SGP/P/1/Rev.1 
Page 36  
 
  Singapore or the safety of the public, he shall (unless a notice under paragraph (d) has 
previously been given by the Minister to th e Registrar) reconsider that question during the 
period of 9 months from the date of filing the application and at least once in every 
subsequent period of 12 months;   
(d) if on consideration of an application at an y time it appears to the Minister that the 
publication of the application or the publication or communication of the information contained in it would not, or would no longer, be prejudicial to the defence of Singapore or 
the safety of the public, he shall give noti ce to the Registrar to that effect; and  
 
(e) on receipt of such a notice the Registrar sh all revoke the directions and may, subject to 
such conditions (if any) as he thinks fit, extend the time for doing anything required or 
authorised to be done by or under this Act in connection with the application, whether or not 
that time has previously expired.   
(5) The Minister may at any time, for the purpose of enabling him to decide the question referred to in 
subsection (4)  (c), do one or both of the following, that is to say, inspect or authorise any person to 
inspect the application and any document sent to the Registrar in connection with it and where a 
person is authorised to carry out such inspecti on, he shall as soon as practicable report on his 
inspection to the Minister.    
(6) Where directions given under this section in respec t of an application for a patent for an invention 
are revoked, and the application is brought in order fo r the grant of a patent and a patent is granted for 
the invention, then —   
(a) if while the directions are in force the invention is worked by (or with the written 
authorisation of or to the order of) a Governme nt department, the provisi ons of Part XII shall 
apply as if —  
 
(i) the working were use made by section 56;  
 
(ii) the application had been published at the end of the prescribed period or at the 
time the directions were revoked,  whichever is earlier; and  
 
(iii) a patent had been granted for the inve ntion at the time the application is brought 
in order for the grant of a patent (taking th e terms of the patent to be those of the 
application as it stood at the time it was so brought in order); and  
 
(b) if it appears to the Minister that the appli cant for the patent has su ffered hardship while the 
directions were in force, the Minister may make such payment (if any) by way of compensation to the applicant as appears to the Mi nister to be reasonable having regard to the 
inventive merit and utility of the invention, th e purpose for which it is designed and any other 
relevant circumstances.  
 
(7) Where a patent is granted in pursuance of an app lication in respect of which directions have been 
given under this section, no renewa l fees shall be payable in respect of any period during which those 
directions were in force.    
(8) Any person who fails to comply with any direc tion under this section shall be guilty of an offence 
and shall be liable on conviction to a fine not ex ceeding $5,000 or to imprisonment for a term not 
exceeding 2 years or to both.     IP/N/1/SGP/P/1/Rev.1 
 Page 37 
 
 
  (9) Nothing in this section shall prevent the discl osure of information concerning an invention to a 
Government department or authority for the purpose of obtaining advice as to whether directions under this section with respect to an application for a patent for that invention should be made, 
amended or revoked.    [UK Patents 1977, s. 22]   
 
Restrictions on applications abroad by Singapore residents 
34.—(1) Subject to this section, no person reside nt in Singapore shall, without written authority 
granted by the Registrar, file or cause to be file d outside Singapore an application for a patent for an 
invention unless —  
 
(a) an application for a patent for the same i nvention has been filed in the Registry not less 
than 2 months before the application outside Singapore; and  
 
(b) no directions have been gi ven under section 33 in relation to  the application in Singapore 
or all such directions have been revoked.  
 (2) Subsection (1) shall not apply to an applica tion for a patent for an invention for which an 
application for a patent has first been filed in a country outside Singapore by a person resident outside Singapore.   
 
(3) Any person who files or causes to be filed an appl ication for the grant of a patent in contravention 
of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding 
$5,000 or to imprisonment for a term not exceeding 2 years or to both.    
(4) In this section —  
 
(a) any reference to an application for a patent includes a reference to an application for other 
protection for an invention;  
 
(b) any reference to either kind of application is  a reference to an application under this Act, 
under the law of any country other than Singapore or under any treaty or international 
convention to which Singapore is a party; and  
 
(c) “person resident in Singapore” includes a person who, at the material time, is residing in Singapore by virtue of a valid pass lawfully issued to him under the Immigration Act 
(Cap. 133) to enter and remain in Singapore for any purpose.  
 
[UK Patents 1977, s. 23]   
 
 
PART VII 
 
PROVISIONS AS TO PATENTS AFTER GRANT 
 
Publication and certificate of grant 
35.—(1) As soon as practicable after a patent has been  granted under this Act, the Registrar shall —  
 
(a) send to the proprietor of the patent a certificate in the prescribed form that the patent has been granted to the proprietor; and  
 IP/N/1/SGP/P/1/Rev.1 
Page 38  
 
  (b) publish in the journal a notice that the patent has been granted.    
 
[30/2001] 
 
(2) The Registrar shall, at the same time  as he publishes a notice under subsection (1) (b) in relation to 
a patent, publish the specification of the patent, th e names of the proprietor and (if different) the 
inventor and any other matters (including the prescribed information under sections 29 and 30) 
constituting or relating to the patent which in the Registrar’s opinion it is desirable to publish.   
 
[UK Patents 1977, s. 24]    
[30/2001] 
 
Term of patent 
36.—(1) A patent granted under this Act shall be tr eated for the purposes of this Act as having been 
granted, and shall take effect, on the date of i ssue of the certificate of grant and, subject to 
subsection (2) and section 36A, shall continue in  force until the end of the period of 20 years 
beginning with the date of filing the application fo r the patent or with such other date as may be 
prescribed.     
[19/2004] 
 (2) A patent shall cease to have effect at the e nd of the prescribed period for the payment of any 
renewal fee if it is not paid within that period.    (3) If during the period of 6 months immediately following the end of the prescribed period the renewal fee and any prescribed additional fee are paid , the patent shall be treated for the purposes of 
this Act as if it had never expired, and accordingly —  
 
(a) anything done under or in relation to it dur ing that further period shall be valid;  
 
(b) an act which would constitute an infringement  of it if it had not expired shall constitute 
such an infringement; and  
 
(c) an act which would constitute the use of  the patented invention in accordance with 
section 56 if the patent had not expire d shall constitute that use.    
 
[19/2004] 
 
(4) Rules shall include provision requiring the Regist rar to notify the registered proprietor of a patent 
that a renewal fee has not been received from him in  the Registry before the end of the prescribed 
period and before the framing of the notification.    
[UK Patents 1977, s. 25]    
[30/2001] 
 
Extension of term of patent 
36A. —(1) The proprietor of a patent may apply to the Registrar to extend the term of the patent on 
any of the following grounds:  
 
(a) that there was an unreasonable delay by  the Registrar in granting the patent;  
 
(b) where the patent was granted on the basis of prescribed information relating to a corresponding application referred to in section 29 (2)  (c) (ii), that —   IP/N/1/SGP/P/1/Rev.1 
 Page 39 
 
 
   
(i) there was an unreasonable delay in the issue of the corresponding patent; and  
 
(ii) the patent office that granted the corresponding patent has extended the term of the corresponding patent on the basis of such delay;  
 
(c) where the subject of the patent includes any substance which is an active ingredient of any 
pharmaceutical product, that —  
 
(i) there was an unreasonable curtailment of the opportunity to exploit the patent 
caused by the process of obtaining marketing approval for a pharmaceutical product, 
being the first pharmaceutical product to obtain marketing approval which uses the substance as an active ingredient; and  
 
(ii) the term of the patent has not previously been extended on this ground.    
 
[19/2004] 
 
(2) A delay by the Registrar in granting a patent shall not be treated as an unreasonable delay under 
subsection (1) (a) unless —  
 
(a) the interval between the date of filing of the application for the patent and the date of issue 
of the certificate of grant, excluding any period attributable to an act or omission of the applicant, exceeds 4 years; or  
 
(b) the interval between the date on which the applicant —  
 
(i) filed a request for a search and examin ation report in accordance with section 29 
(2) (b); or  
 
(ii) filed a request for an examination report in accordance with section 29 (2) (c) (i), 
(d) (i) or (e) (i) or (4),  
 
and the date of issue of the certificate of grant,  excluding any period attributable to an act or 
omission of the applicant, exceeds 2 years.    
 
[19/2004] 
 
(3) Where the proprietor of a patent has made an application under subsection (1) (a) and has satisfied 
the Registrar that there was in fact an unreasonable delay under subsection (1) (a), the Registrar shall 
extend the term of the patent —   
(a) in a case to which subsection (2) (a) applies, by the period by which the interval referred 
to in subsection (2) (a) exceeds 4 years;  
 
(b) in a case to which subsection (2) (b) applies, by the period by which the interval referred 
to in subsection (2) (b) exceeds 2 years; or  
 
(c) in a case to which both paragraphs (a) and (b) of subsection (2) apply, by the period by 
which —  
 
(i) the interval referred to in subsection (2) (a) exceeds 4 years; or  
 IP/N/1/SGP/P/1/Rev.1 
Page 40  
 
  (ii) the interval referred to in subsection (2) (b) exceeds 2 years,  
 
whichever is the longer period.    
[19/2004] 
 (4) Where the proprietor of a patent has made an application under subsection (1) (b) and has satisfied 
the Registrar of the matters referred to in sub-paragraphs (i) and (ii) of subsection (1) (b), the 
Registrar may, if the Registrar thinks fit, extend th e term of the patent by such period, not exceeding 5 
years, as the Registrar may determine.    
[19/2004] 
 
(5) A curtailment of the opportunity to exploit a patent, the subject of which includes a substance which is an active ingredient of any pharmaceutic al product, caused by the process of obtaining 
marketing approval for a pharmaceutical product, be ing the first pharmaceutical product to obtain 
marketing approval which uses the substance as an active ingredient, shall not be treated as an 
unreasonable curtailment under subsection (1) (c) unless —  
 
(a) the marketing approval was obtained after the da te of issue of the certificate of grant; and  
 
(b) the interval between the date the applicati on for marketing approval was filed and the date 
marketing approval was obtained, excluding any pe riod attributable to an act or omission of 
the applicant for marketing approval, exceeds 2 years.   
 
[19/2004] 
 (6) Subject to subsections (7), (8) and (9), where the proprietor of a patent has made an application 
under subsection (1) (c) and has satisfied the Registrar that there was in fact an unreasonable 
curtailment of the opportunity to exploit the patent under subsection (1) (c), the Registrar shall extend 
the term of the patent by —   
(a) a period equivalent to the interval between th e date of issue of the certificate of grant and 
the date marketing approval was obtained;  
 
(b) the period by which the interv al referred to in subsection (5)  (b) exceeds 2 years; or  
 
(c) a period of 5 years,  
 
whichever is the shortest period.     
[19/2004] 
 
(7) The Registrar shall not extend the term of th e patent under subsection (6) unless the applicant has 
procured and submitted to the Registrar a certificate from the relevant authority stating —  
 
(a) the date the application for marketing approval was filed;  
 
(b) the date marketing approval was obtained; and  
 
(c) for each period attributable to an act or om ission of the applicant for marketing approval, 
the dates on which the period started and ended.    
 
[19/2004]  IP/N/1/SGP/P/1/Rev.1 
 Page 41 
 
 
  (8) In determining the period by which to extend the term of the patent under subsection (6), the 
Registrar shall rely on, and shall not be concerned to  inquire into the truth of , the statements contained 
in the certificate from the relevant au thority under subsection (7).    
 
[19/2004] 
 
(9) Where the term of a patent has been extended und er subsection (6), the protection conferred by the 
patent during the term of the extension shall apply on ly to the substance referred to in subsection (1) 
(c).  
 
[19/2004] 
 
(10) Every application to extend the term of a patent shall be —   
(a) made by the proprietor of the patent in th e prescribed form within the prescribed period;  
 
(b) filed in the prescribed manner; and  
 
(c) accompanied by the prescribed fee and any prescribed documents,  
 and the Registrar may reject any application that fails to comply with any requirement under this 
subsection.   
 
[19/2004] 
 
(11) As soon as practicable after the Registrar h as extended the term of a patent, he shall —  
 
(a) send to the proprietor of the patent a certif icate of extension of patent term in the 
prescribed form specifying —  
 
(i) the period of the extension; and  
 
(ii) any limitation on the protection conferre d by the patent during the term of the 
extension; and  
 
(b) publish in the journal a notice of the extension.    
 
[19/2004] 
 
(12) The proprietor of a patent who has made an  application under subsection (1) may withdraw the 
application by informing the Registrar in writing of the withdrawal of the application, and any such 
withdrawal shall not be revocable.     
[19/2004] 
 
(13) In subsection (2), “period attributable to an  act or omission of the applicant” includes (without 
prejudice to the generality of the expression) any of the following periods which is applicable:  
 
(a) the period taken by the applicant to pay the filing fee under section 25 (1)  (b), calculated 
from the date of filing of the application for th e patent to the date on which the filing fee is 
paid;  
 IP/N/1/SGP/P/1/Rev.1 
Page 42  
 
  (b)  the period taken by the applican t to make observations under section 26 (3) (b) (i) which 
satisfy the Registrar that the documents filed at the Registry to initiate the application satisfy 
all of the conditions in section 26 (1) (a), (b) and (c) (i) or (ii), calculated from the date of the 
Registrar's notification to the applicant under section 26 (3) (a) to the date on which the 
applicant makes the observations;  
 
(ba)  the period taken by the applicant to f ile the documents referred to in section 26 (7) (a), 
(b) and (c), calculated from the date of filing of the application for a patent to the date on 
which the applicant files the documents;  
 
(bb)  the period taken by the applicant to comply with section 26 (9) (b), if the applicant, after 
filing at the Registry any missing part of the application, makes a request to the Registrar for section 26 (8) (b) not to apply to the application, calculated from the date on which the 
applicant filed at the Registry the missing part  of the application to the date on which the 
applicant complies with section 26 (9) (b);  
 
(c) the period taken by the applicant to file  one or more claims for the purposes of the 
application under section 26 (12) (a), calculated from the date of filing of the application for 
the patent to the date on which the applicant files the claim or claims;  
 
(d)  the period taken by the applicant to —  
 
(i)  make observations under section 28 (4) (a) which satisfy the Registrar that all the 
formal requirements have been complied with; or  
 
(ii)  amend his application under section 28 (4) (b) to comply with all the formal 
requirements,  
 
calculated from the date of the Registrar’s no tification under section 28 (4) to the date on 
which the applicant makes the observations or th e earliest date on which the application, as 
amended by the applicant, complies with all the formal requirements;  
 
(da)  the period taken by the applicant to comply with section 28 (9) (b), if the applicant, after 
filing any drawing or part of the descripti on of the invention which is missing from the 
application, makes a request to the Registrar for section 28 (8) (b) not to apply to the 
application, calculated from the date of the Re gistrar’s notification under section 28 (7) to the 
date on which the applicant complies with section 28 (9) (b);  
 
(e) the period taken by the applicant to —  
 
(i) file a request and pay the prescribed fee for a search report under section 29 (2) (a); or  
 
(ii) file a request and pay the prescribed fee for a search and examination report under 
section 29 (2) (b),  
 
calculated from the date of the Registrar’s no tification under section 29 (1) to the date on 
which the applicant files the request and pays the fee;  
 
(f) the period taken by the applicant to file  the documents referred to in section 29 (2) 
(c) (i), 
(d) (i) or (e) (i) and pay the prescribed fee for an examination report, calculated from the date 
of the Registrar’s notification under section 29 (1) to the date on which the applicant files the documents and pays the fee;   IP/N/1/SGP/P/1/Rev.1 
 Page 43 
 
 
   
(g) the period taken by the applicant to file  the documents referred to in section 29 (2) (c) (ii) 
or (d) (ii), calculated from the date of the Regi strar’s notification under section 29 (1) to 
the date on which the applicant files the documents;  
 
(h) the period taken by the applicant to file a notice under section 29 (2) (e) (ii), calculated 
from the date of the Registrar’s notification under section 29 (1) to the date on which the 
applicant files the notice;  
 
(i) the period taken by the applicant to f ile a request for an examination report under 
section 29 (4), calculated from the date of the Registrar’s notification under section 29 (3) (b) 
to the date on which the applicant files the request;   (j) the period taken by the applicant to file the prescribed documents under section 30 (2) (c) 
and pay the prescribed fee under section 30 (2) (d) for the grant of the patent, calculated 
from —  
 
(i) in a case to which section 30 (2) (b) (i), (iii) or (v) applies, the date of the 
Registrar’s notification under section 29 (5);   (ii) in a case to which section 30 (2) (b) (ii) applies, the date of the Registrar’s 
notification under section 29 (6);  
 
(iii) in a case to which section 30 (2) (b) (iv) applies, the date on which the 
applicant files the documents referred to therein; or  
 
(iv) in a case to which section 30 (2) (b) (vi) applies, the date on which the 
applicant files the notice under section 29 (2) (e) (ii),  
 
to the date on which the prescribed documents under section 30 (2) (c) are filed and the 
prescribed fee under section 30 (2) (d) is paid;  
 
(k) the period taken by the applicant to rec tify any failure to satisfy any condition under 
section 30 (3), calculated from the date of th e Registrar’s notification under section 30 (6) (a) 
to the date on which every conditio n in section 30 (3) is satisfied;  
 
(l) the period taken by the applicant to respond to a written opinion under section 31 (2) (a), 
calculated from the date of the Registrar’s no tification under section 31 (1) to the date on 
which the applicant responds to the written opinion;  
 
(m) the period taken by the applicant to am end the specification of his application under 
section 31 (2) (b), calculated from the date of the written opinion given under section 31 (1) 
to the date on which the applicant amends the specification of his application;  
 
(n) where the application is an international application for a patent (Singapore) that has 
entered the national phase in Singapore under secti on 86 (3), the period taken by the applicant 
to cause the application to enter the national phase in Singapore, calculated from the date of 
the filing of the application in accordance with the Patent Co-operation Treaty to the date on 
which the national phase of the appli cation begins under section 86 (3);  
 
(o) the period taken by the applicant to rectif y any failure to comply with any requirement 
under this Act or the rules, such period —  
 IP/N/1/SGP/P/1/Rev.1 
Page 44  
 
  (i) to be calculated from the date by which the applicant is required to comply with 
the requirement to the date on which the app licant rectifies the failure to comply with 
the requirement; and   (ii) to include any period taken by the Registrar or the Registry to detect or to notify 
the applicant of the applicant’s failure  to comply with the requirement;  
 
(p) the period taken by the applicant to r espond to any request by the Registrar for any 
document, information or evidence, calculated fro m the date of the Registrar’s notification to 
the applicant of the request to the date on which the applicant responds to the request;  
 
(q) any extension or alteration of any period to do any thing that is granted by the Registrar or 
the court at the request or on the application of the applicant.     
[19/2004] 
 
(14) In subsections (5) and (7), “period attributable to an act or omission of the applicant for marketing approval” includes (without prejudice to the generality of the expression) —   
(a) the period taken by the applicant for marke ting approval to correct deficiencies in his 
application for marketing approval, calculated from the date of the relevant authority’s 
notification to the applicant for marketing appr oval of the deficiencies to the date on which 
the applicant for marketing approval corrects the deficiencies;  
 
(b) the period taken by the applicant for mark eting approval to respond to any request by the 
relevant authority for clarification or informa tion, calculated from the date of the relevant 
authority’s request to the date on which the re levant authority receives the response of the 
applicant for marketing approval; and  
 
(c) any extension of any period to do any thing that  is granted by the relevant authority at the 
request or on the application of the applicant for marketing approval.    
 
[19/2004] 
 
Patent not to be impugned for lack of unity 
37.—No person may in any proceeding object to a patent or to an amendment of a specification of a 
patent on the ground that the claims contained in the specification of the patent, as they stand or, as 
the case may be, as proposed to be amended, relate —  
 
(a) to more than one invention; or  
 
(b) to a group of inventions which are not so linked as to form a single inventive concept.  
 [UK Patents 1977, s. 26]  
 
General power to amend specification after grant 
38.—(1) Subject to this section and section 84, the Registrar may, on an application made by the 
proprietor of a patent, allow the specification of the patent to be amended s ubject to such conditions, 
if any, as he thinks fit.  
 (2) No such amendment shall be allowed under this  section where there are pending before the court 
or the Registrar proceedings in which the valid ity of the patent may be put in issue.   
  IP/N/1/SGP/P/1/Rev.1 
 Page 45 
 
 
  (3) An amendment of a specification of a patent unde r this section shall have effect and be deemed 
always to have had effect from the grant of the patent.    (4) A person may give notice to the Registrar of his opposition to an application under this section by 
the proprietor of a patent, and if he does so the Re gistrar shall notify the proprietor and consider the 
opposition in deciding whether to grant the application.   
 [UK Patents 1977, s. 27 ]   
 
Search and examination after grant 
38A.—(1) Subject to subsection (2), any person may request for a search and examination report in 
respect of any claim or claims in the specification of a patent on any of the following grounds:   
(a) where the patent was granted on the basis of any examination report or search and examination report referred to in section 29,  any international preliminary report on 
patentability referred to in section 30 (2) (b) (vi) or any international preliminary examination 
report, that —  
 
(i) at least one claim in the application for the patent at the time the prescribed 
documents for the grant of the patent were  filed and the prescribed fee for the grant 
of the patent was paid was not related to any claim in the application at the time the 
report was issued —  
 
(A) which has been examined; and  
 
(B) which is referred to in the report; or  
 
(ii) the Examiner of the application did not consider all the relevant prior art before 
preparing the report;  
 
(b) where the patent was granted on the basis of any prescribed information relating to a 
corresponding application or corresponding interna tional application referred to in section 29, 
that —  
 
(i) at the time the prescribed documents for the grant of the patent were filed and the prescribed fee for the grant of the patent was paid, at least one claim in the application for the patent did not relate to any claim —  
 
(A) which is set out in the prescr ibed information relating to the 
corresponding application or corresponding international application, as the case may be; and  
 
(B) which has been examined to dete rmine whether the claim appears to 
satisfy the criteria of novelty, inve ntive step (or non-obviousness) and 
industrial applicability (or utility); or  
 
(ii) the Examiner of the corresponding application or corresponding international 
application, as the case may be, did not cons ider all the relevant prior art before 
preparing his report on the examination of the corresponding application or 
corresponding international application, as the case may be.   
 
[19/2004] 
 IP/N/1/SGP/P/1/Rev.1 
Page 46  
 
  (2) The Registrar shall not grant a request under subsection (1) unless —  
 
(a) the request is filed in the prescribed manner;  
 
(b) the prescribed fee for the search and examination report has been paid; and  
 
(c) in a case to which subsections (3) and (4) appl y, subsection (4) has been complied with.    
 
[19/2004] 
 (3) Subject to subsection (4), any person who fil es a request under subsection (1) may, at the time he 
files the request, also file —   
(a) any observation which he wishes to ma ke in relation to the patent; and  
 
(b) any document which he considers to be relevant for the purposes of the examination. 
 
(4) Where any document referred to in subsection (3) (b) is not in English, the person who files the 
request under subsection (1) shall also file an  English translation of the document.    
 
[19/2004] 
 
(5) The Registrar shall not grant a request under subsecti on (1) if he is of the view that the request is 
frivolous, vexatious or an abuse of the process.     
[19/2004] 
 
(6) No request under subsection (1) sh all be filed or granted where there are pending before the court 
or the Registrar proceedings in which the validit y of the patent may be put in issue.    
 
[19/2004] 
 (7) Where the Registrar grants a request under subsec tion (1), the Registrar shall cause the claim or 
claims to be subjected to —   
(a) a search by an Examiner to discover the relevant prior art contained in —  
 
(i) such documentation as may be prescribed; and  
 
(ii) any additional documentation that the Ex aminer is aware of and considers to be 
relevant; and  
 
(b) an examination by an Examiner to determine —  
 
(i) whether the conditions specified in sections 13 and 25 (4) and (5) have been complied with;  
 
(ii) whether the specification of the patent  discloses any additional matter referred to 
in section 84 (1); and  
 
(iii) whether the specification of the patent discloses any matter extending beyond that disclosed in the application for the patent as filed,  
  IP/N/1/SGP/P/1/Rev.1 
 Page 47 
 
 
  taking into consideration all the relevant prior art, if any, that the Examiner is aware of or that 
has been discovered in the search.    
 
[19/2004] 
 (8) If it appears to the Examiner during the examinat ion of the specification of the patent that —  
 
(a) the conditions specified in sections 13 and 25  (4) and (5) have not been complied with; or  
 
(b) the specification of the patent discloses —  
 
(i) any additional matter referred to in section 84 (1); or  
 
(ii) any matter extending beyond that disclosed  in the application for the patent as 
filed,  
 
the Examiner shall give the proprietor of the pa tent a written opinion to that effect, and the 
proprietor of the patent shall, before the examinatio n report is issued, have the right to respond in the 
prescribed manner to the written opinion within the prescribed period.     
[19/2004] 
 
(9) Upon receiving the search and examination report prepared by the Examiner, the Registrar shall —   
(a) send a copy of the report to the proprietor of the patent; and  
 
(b) where the request under subsection (1) is not filed by the proprietor of the patent, send a 
copy each of —  
 
(i) the report;  
 
(ii) any written opinion given by the Examiner; and  
 
(iii) any response given in the prescribed manner by the proprietor of the patent to any such written opinion,  
 
to the person who filed the request.   
 
[19/2004] 
 
Restoration of lapsed patents 
39.—(1) Where a patent has ceased to have effect by reason of a failure to pay any renewal fee, an 
application for the restoration of the patent may be made to the Registrar within the prescribed 
period.    (2) An application under this section may be made by the person who was the proprietor of the patent 
or by any other person who would ha ve been entitled to the patent if it had not ceased to have effect.   
 
(3) Where the patent was held by 2 or more persons  jointly, the application may, with the leave of 
the Registrar, be made by one or more of them without joining the others.   
 (4) Notice of the application shall be published by the Registrar in the prescribed manner.   IP/N/1/SGP/P/1/Rev.1 
Page 48  
 
   
(5) If the Registrar is satisfied that the proprieto r of the patent took reasonable care to see that 
any renewal fee was paid within the prescribed period or that that fee and any prescribed additional 
fee were paid within the 6 months immediately following the end of th at period, the Registrar shall by 
order restore the patent on payment of any unpaid renewal fee and any prescribed additional fee.   
 
(6) An order under this section may be made subjec t to such conditions as the Registrar thinks fit 
(including a condition requiring compliance with a ny provision of the rules relating to registration 
which have not been complied with), and if the propri etor of the patent does not comply with any such 
condition of the order, the Registrar may revoke the order and give such directions consequential on 
the revocation as he thinks fit.   
 (7) The effect of an order for the restoration of a pate nt shall be as provided in subsections (8) to (13).   
 (8) Anything done under or in relation to the pate nt during the period between expiry and restoration 
shall be treated as valid.   
 (9) Anything done during that period which would ha ve constituted an infringeme nt if the patent had 
not expired shall be treated as an infringement —   
(a) if done at a time when it was possible for the patent to be renewed under section 36 (3);  
 
(b) if it was a continuation or repetition of an earlier infringing act.  
 (10) If after it was no longer possible for the patent  to be so renewed, and before publication of 
notice of the application for restoration, a person —  
 
(a) began in good faith to do an act which w ould have constituted an infringement of the 
patent if it had not expired; or  
 
(b) made in good faith effective and serious  preparations to do such an act,  
 
he has the right to continue to do the act or, as the case may be, to do the act, notwithstanding 
the restoration of the patent.    (11) The right referred to in subsection (10) does not extend to granting a licence to another person 
to do the act.   
 
(12) If the act was done, or the preparations were made, in the course of a business, the person entitled 
to the right conferred by subsection (10) may —   
(a) authorise the doing of that act by any partner of his for the time being in that business; and  
 
(b) assign that right, or transmit it on death (or in the case of a body corporate on its 
dissolution), to any person who acquires that pa rt of the business in the course of which the 
act was done or the preparations were made.  
 (13) Where a product is disposed of to another in exercise of the rights conferred by subsection (10) 
or (12), that other and any person claiming through him may deal with the pr oduct in the same way as 
if it had been disposed of by the registered proprietor of the patent.     IP/N/1/SGP/P/1/Rev.1 
 Page 49 
 
 
  (14) Subsections (8) to (13) sh all apply in relation to the use of a patent in accordance with 
section 56 as they apply in relation to infringement of the patent.    
[UK Patents 1977, ss. 28 and 28A]    
 
[19/2004] 
 
Surrender of patents 
40.—(1) The proprietor of a patent may at any time by notice given to the Registrar offer to surrender 
his patent.   
 
(2) A person may give notice to the Registrar of his opposition to the surrender of a patent under this 
section, and if he does so the Registrar shall notif y the proprietor of the patent and determine the 
question.    
(3) If the Registrar is satisfied that the pate nt may properly be surrendered, he may accept the 
offer and, as from the date when notice of his accepta nce is published in the journal, the patent shall 
cease to have effect, but no action for infringement sha ll lie in respect of any act done before that date 
and no right to compensation shall accrue for any use of the patented invention before that date in 
accordance with section 56.    [UK Patents 1977, s. 29]    
 
[19/2004] 
 
 
PART VIII 
 
PROPERTY IN PATENTS AND A PPLICATIONS FOR PATENTS AND 
REGISTRATION 
 
Nature of, and transactions in, patents and applications for patents 
41.—(1) Any patent or application for a patent is personal property (without being a thing in action), 
and any patent or any such application and rights  in or under it may be transferred, created or 
granted in accordance with this section.    (2) Subject to section 46 (3), any patent or any such  application, or any right in it, may be assigned 
or mortgaged.   
 (3) Any patent or any such application or right sha ll vest by operation of law in the same way as any 
other personal property and ma y be vested by an assent of personal representatives.   
 
(4) Subject to section 46 (3), a licence may be gran ted under any patent or any such application for 
working the invention which is the subject of the patent or the application; and —   
(a) to the extent that the licence so provid es, a sub-licence may be granted under any such 
licence and any such licence or sub-licence may be assigned or mortgaged; and  
 
(b) any such licence or sub-licence shall vest by operation of law in the same way as any 
other personal property and ma y be vested by an assent of personal representatives.  
 IP/N/1/SGP/P/1/Rev.1 
Page 50  
 
  (5) Subsections (2) to (4) shall have effect subject to the provisions of this Act.   
 (6) Any of the following transactions, that is to say —   
(a) any assignment or mortgage of a patent or any such application, or any right in a patent or 
any such application;  
 (b) any assent relating to any patent or  any such application or right,  
 shall be void unless it is in writing and is signed by or on behalf of the parties to the transaction (or, in 
the case of an assent or other transaction by a persona l representative, by or on behalf of the personal 
representative) or in the case of a body corporate is so signed or is under the seal of that body.    (7) An assignment of a patent or any such applicati on or a share in it, and an exclusive licence granted 
under any patent or any such application, may confer on the assignee or licensee the right of the 
assignor or licensor to bring proceedings by virtue of section 67 or 76 for a previous infringement or 
to bring the proceedings under section 58 for a previous act.    
[UK Patents 1977, s. 30]   
 
Register of patents 
42.—(1) The Registrar shall maintain a register of pa tents in accordance with the rules made by virtue 
of this section.     
[30/2001] 
 (2) Without prejudice to any other provisions of this Act or the rules, the rules may make provision 
with respect to the following matters, including pr ovision imposing requirements as to any of those 
matters:   
(a) the registration of patents and of published applications for patents;  
 
(b) the registration of transactions, instruments or events affecting rights in or under patents 
and applications;  
 
(c) the furnishing to the Registrar of any prescr ibed document or description of documents in 
connection with any matter which is  required to be registered;  
 
(d) the correction of errors in the register and in any document filed at the Registry in 
connection with registration; and  
 
(e) the publication and advertisement of anything  done under this Act or the rules in relation 
to the register.  
 
(3) Notwithstanding anything in subsection (2) (b), no notice of any trust, whether express, implied or 
constructive, shall be entered in the register and the Registrar shall not be affected by any such 
notice.    
(4) The register need not be kept in documentary form.   
 (5) Subject to the rules, the public shall have a righ t to inspect the register at the Registry at all 
convenient times.     IP/N/1/SGP/P/1/Rev.1 
 Page 51 
 
 
  (6) Any person who applies for a certified copy of an  entry in the register or a certified extract from 
the register shall be entitled to obtain such a copy or  extract on payment of a fee prescribed in relation 
to certified copies and extracts.    (7) The rules may provide that any person who app lies for an uncertified copy or extract shall be 
entitled to such a copy or extract on payment of a fee prescribed in relation to uncertified copies and 
extracts.    (8) Applications under subsection (6) or the rules made  by virtue of subsection (7) shall be made in 
such manner as may be prescribed.   
 
(9) In relation to any portion of the register kept otherwise than in documentary form —   
(a) the right of inspection conferred by subsecti on (5) is a right to inspect the material on the 
register; and  
 
(b) the right to a copy or extract conferred by s ubsection (6) or the rules is a right to a copy or 
extract in a form in which it can be taken aw ay and in which it is visible and legible.  
 
[UK Patents 1977, s. 32]   
 
Effect of registration, etc., on rights in patents 
43.—(1) Any person who claims to have acquired the pr operty in a patent or application for a patent 
by virtue of any transaction, instrument or even t to which this section applies shall be entitled as 
against any other person who claims to have acquired that property by virtue of an earlier transaction, 
instrument or event to which this section applies if, at the time of the later tr ansaction, instrument or 
event —  
 
(a) the earlier transaction, instrument or event was not registered;   (b) in the case of any application which h as not been published, notice of the earlier 
transaction, instrument or event had not been given to the Registrar; and  
 
(c) in any case, the person claiming under the la ter transaction, instrument or event did not 
know of the earlier transaction, instrument or event.  
 (2) Subsection (1) shall apply equall y to the case where any person claims to have acquired any right 
in or under a patent or application for a patent, by virtue of a transaction, instrument or event to which 
this section applies, and that right is incompatible  with any such right acquired by virtue of an 
earlier transaction, instrument or event to which this section applies.    (3) This section shall apply to the followi ng transactions, instruments and events:  
 
(a) the assignment of a patent or application for a patent, or a right in it;  
 
(b) the mortgage of a patent or application;  
 
(c) the grant or assignment of a licence or sub-licence, or mortgage of a licence or sub-
licence, under a patent or application;  
 
(d) the death of the proprietor or one of the propr ietors of any such patent or application or 
any person having a right in or under a patent or application and the vesting by an assent of personal representatives of a patent, ap plication or any such right; and  IP/N/1/SGP/P/1/Rev.1 
Page 52  
 
   
(e) any order or directions of a court or other competent authority —   
(i) transferring a patent or application or a ny right in or under it to any person; or  
 
(ii) that an application should pr oceed in the name of any person,  
 
and in either case the event by virtue of which the court or authority had power to make any 
such order or give any such directions.  
 
(4) Where an application for the registration of a tr ansaction, instrument or event has been made, but 
the transaction, instrument or event has not been registered, then, for the purposes of subsection (1) 
(a), registration of the application shall be treated as registration of the transaction, instrument or 
event.    [UK Patents 1977, s. 33]   
 
Rectification of register 
44.—(1) The court may, on the application of any pers on aggrieved, order the register to be rectified 
by the making, or the variation or deletion, of any entry in it.    
(2) In proceedings under this section, the court may determine any question which may be necessary 
or expedient to decide in connection with  the rectification of the register.   
 
[UK Patents 1977, s. 34]   
 
Evidence of register, documents, etc. 
45.—(1) The register shall be prima facie evidence of anything required or authorised by this Act or 
the rules to be registered.    (2) A certificate purporting to be signed by the Regi strar and certifying that any entry which he is 
authorised by this Act or rules to make has or has not been made, or that any other thing which he is 
so authorised to do has or has not been done, shall be  prima facie evidence of the matter so certified.   
 (3) Each of the following, that is to say —   
(a) a copy of an entry in the register or an extract from the register which is supplied under 
section 42 (6);  
 
(b) a copy of any document kept in the Registry  or an extract from any such document; or  
 
(c) any specification of a patent or any applica tion for a patent which has been published,  
 
which purports to be a certified copy or a certif ied extract shall be admitted in evidence without 
further proof and without production of the original.    (4) In this section, “certified copy” and “certified extr act” mean a copy and an extract certified by the 
Registrar and sealed with the seal of the Registry.   
 
[UK Patents 1977, s. 32]   
  IP/N/1/SGP/P/1/Rev.1 
 Page 53 
 
 
  Co-ownership of patents and applications for patents 
46.—(1) Where a patent is granted to 2 or more pers ons, each of them shall, subject to any agreement 
to the contrary, be entitled to an equa l undivided share in the patent.   
 (2) Where 2 or more persons are proprietors of a pate nt, then, subject to this section and subject to any 
agreement to the contrary —  
 
(a) each of them shall be entitled, by himself or his agents, to do in respect of the invention, 
for his own benefit and without the consent of or  the need to account to the other or others, 
any act which would, apart from this subsecti on and section 56, amount to an infringement of 
the patent; and  
 
(b) any such act shall not amount to an infringement of the patent.  
 (3) Subject to sections 20 and 47 and to any agreemen t for the time being in force, where 2 or more 
persons are proprietors of a patent, one of them sh all not without the consent of the other or others 
grant a licence under the patent or assign or mortgage a share in the patent.    (4) Subject to sections 20 and 47 where 2 or more pe rsons are proprietors of a patent, anyone else may 
supply one of those persons with the means, relati ng to an essential element of the invention, for 
putting the invention into effect, and the supply of those means by virtue of this subsection shall not 
amount to an infringement of the patent.   
 (5) Where a patented product is disposed of by any of  2 or more proprietors to any person, that person 
and any other person claiming through him shall be entitled to deal with the product in the same way 
as if it had been disposed of by a sole registered proprietor.   
 
(6) Nothing in subsection (1) or (2) shall affect the mutual rights or obligations of trustees or of the 
personal representatives of a deceased person, or  their rights or obligations as such.   
 (7) This section shall have effect in relation to an a pplication for a patent which is filed as it has effect 
in relation to a patent and —  
 
(a) references to a patent and a patent bei ng granted shall accordingly include references 
respectively to any such application and to the application being filed; and  
 
(b) the reference in subsection (5) to a patent ed product shall be construed accordingly.  
 
[UK Patents 1977, s. 36]   
 
Determination of right to patent after grant 
47.—(1) After a patent has been granted for an inve ntion, any person having or claiming a proprietary 
interest in or under the patent may refer to the Registrar the question —  
 
(a) who is or are the true proprieto r or proprietors of the patent;  
 
(b) whether the patent should have been gran ted to the person or persons to whom it was 
granted; or  
 
(c) whether any right in or under the patent s hould be transferred or granted to any other 
person or persons,  
 IP/N/1/SGP/P/1/Rev.1 
Page 54  
 
  and the Registrar shall determine the question and make such order as he thinks fit to give effect to the 
determination.    (2) Without prejudice to the generality of subsecti on (1), an order under that subsection may contain 
provision —  
 
(a) directing that the person by whom the refe rence is made under that subsection shall be 
included (whether or not to the exclusi on of any other person) among the persons 
registered as proprietors of the patent;  
 
(b) directing the registration of a transaction, instrument or event by virtue of which that 
person has acquired any right in or under the patent;  
 
(c) granting any licence or other right in or under the patent; and  
 
(d) directing the proprietor of the patent or any person having any right in or under the patent 
to do anything specified in the order as necessar y to carry out the other provisions of the 
order.  
 (3) If any person to whom directions have been given under subsection (2) (d) fails to do anything 
necessary for carrying out any such directions within 14 days after the date of the order containing the 
directions, the Registrar may, on an application ma de to him by any person in whose favour or on 
whose reference the order containing the directions was made, authorise him to do that thing on behalf 
of the person to whom the directions were given.    (4) Where the Registrar finds on a reference under this  section that the patent was granted to a person 
not entitled to be granted that patent  (whether alone or with other pe rsons) and on an application made 
under section 80 makes an order on that ground for the conditional or unconditional revocation of the 
patent, the Registrar may order that the person by whom the application was made or his successor in 
title may, subject to section 84, make a new application for a patent —   
(a) in the case of unconditional revocation, fo r the whole of the matter comprised in the 
specification of that patent; and  
 
(b) in the case of conditional revocation, for the matter which in the opinion of the Registrar should be excluded from that specification by amendment under section 83,  
 
and where such a new application is made, it shall be treated as having been filed on the date of 
filing the application for the patent to which the reference relates.   
 (5) On any reference under subsection (1) —   
(a) no order shall be made under this section tr ansferring the patent to which the reference 
relates on the ground that the patent was granted to a person not so entitled; and  
 
(b) no order shall be made under subsection (4) on that ground if the reference was made after 
the end of the period of 2 years beginning with the date of the grant, unless it is shown that 
any person registered as a proprietor of the patent knew at the time of the grant or, as the case 
may be, of the transfer of the patent to him that he was not entitled to the patent.  
 (6) An order under this section shall not be so made  as to affect the mutual rights or obligations 
of trustees or of the personal representatives of a deceased person, or their rights or obligations as such.    IP/N/1/SGP/P/1/Rev.1 
 Page 55 
 
 
  (7) Where a question is referred to the Registrar unde r this section, an order shall not be made by 
virtue of subsection (2) or under subsection (4) on the reference unless notice of the reference is given 
to all persons registered as proprietor of the pate nt or as having a right in or under the patent, 
except those who are parties to the reference.    
(8) If it appears to the Registrar on a reference under this section that the question referred to 
him would more properly be determined by the cour t, he may decline to deal with it and, without 
prejudice to the court’s jurisdiction to determine any such question and make a declaration, the 
court shall have jurisdiction to do so.    
(9) The court shall not in the exercise of any such declaratory jurisdiction determine a question 
whether a patent was granted to a person not entitled to be granted the patent if the proceedings in 
which the jurisdiction is invoked were commenced after the end of the period of 2 years beginning 
with the date of the grant of the patent, unless it is  shown that any person registered as a proprietor of 
the patent knew at the time of the grant or, as the case  may be, of the transfer of  the patent to him that 
he was not entitled to the patent.   
 
[UK Patents 1977, s. 37]   
 
Effect of transfer of patent under section 47 
48.—(1) Where an order is made under section 47 that a patent shall be transferred from any person or 
persons (the old proprietor or propr ietors) to one or more persons (w hether or not including an old 
proprietor) then, except in a case fa lling within subsection (2), any li cences or other rights granted or 
created by the old proprietor or proprietors shall,  subject to section 43 and to the provisions of the 
order, continue in force and be treated as granted by the person or persons to whom the patent is 
ordered to be transferred (the ne w proprietor or proprietors).   
 
(2) Where an order is so made that a patent shall be transferred from the old proprietor or proprietors 
to one or more persons none of whom was an ol d proprietor (on the ground that the patent was 
granted to a person not entitled to be granted the pa tent), any licences or other rights in or under the 
patent shall, subject to the provisions of the order and subsection (3), lapse on the registration of that 
person or those persons as the new proprietor or proprietors of the patent.   
 
(3) Where an order is so made that —   
(a) a patent shall be transferred as mentioned in subsection (2); or  
 
(b) a person other than an old proprietor may make a new application for a patent,  
 and before the reference of the question under that  section resulting in the making of any such order 
is registered, the old proprietor or proprietors or  a licensee of the patent, acting in good faith —  
 
(i) worked the invention in question in Singapore; or  
 
(ii) made effective and serious preparations to do so,  
 the old proprietor or proprietors or the licensee shall, on making a request to the new proprietor 
or proprietors within the prescribed period, be en titled to be granted a licence (but not an exclusive 
licence) to continue working or, as the case may be, to work the invention, so far as it is the subject of 
the new application.    (4) Any such licence shall be granted for a r easonable period and on reasonable terms.   
 IP/N/1/SGP/P/1/Rev.1 
Page 56  
 
  (5) The new proprietor or proprietors of the patent or any person claiming that he is entitled to be 
granted any such licence may refer to the Registrar the question whether that person is so entitled and 
whether any such period is or terms are reasonable.    (6) The Registrar shall determine the question referred to in subsection (5) and may, if he considers it 
appropriate, order the grant of such a licence.   
 
[UK Patents 1977, s. 38]   
 
 
PART IX 
 
EMPLOYEES’ INVENTIONS 
 
Right to employees’ inventions 
49.—(1) Notwithstanding anything in any rule of law, an invention made by an employee shall, as 
between him and his employer, be taken to belong to  his employer for the purposes of this Act and all 
other purposes if —  
 
(a) the invention was made in the course of the normal duties of the employee or in the course of duties falling outside his normal duties, but specifically assigned to him, and the circumstances in either case were such that an invention might reasonably be expected to 
result from the carrying out of his duties; or  
 
(b) the invention was made in the course of th e duties of the employee and, at the time of 
making the invention, because of the nature of  his duties and the particular responsibilities 
arising from the nature of his duties he had a sp ecial obligation to further the interests of the 
employer’s undertaking.  
 
(2) Any other invention made by an employee sha ll, as between him and his employer, be taken for 
those purposes to belong to the employee.    (3) Where by virtue of this section an inventi on belongs, as between him and his employer, to an 
employee, nothing done —  
 
(a) by or on behalf of the employee or any person claiming under him for the purposes of pursuing an application for a patent; or  
 
(b) by any person for the purpose of performing or working the invention,  
 
shall be taken to infringe any copyright or design right to which, as between him and his employer, 
his employer is entitled in any model or document relating to the invention.    (4) In subsection (3), the reference to applicati on for a patent includes an application for other 
protection for an invention, and includes an applica tion for a patent or any other protection under the 
law of a country other than Singapore or under any treaty to which Singapore is a party.   
 
[UK Patents 1977, s. 39]   
 
Supplementary provisions 
50.—(1) This Part shall not apply to an invention made by an employee unless at the time he made the 
invention one of the following cond itions was satisfied in his case:   IP/N/1/SGP/P/1/Rev.1 
 Page 57 
 
 
   
(a) he was mainly employed in Singapore; or   (b) he was not mainly employed anywhere or his place of employment could not be determined, but his employer had a place of business in Singapore to which the employee was 
attached, whether or not he was also attached elsewhere.  
 
(2) In this Part, except so far as the context ot herwise requires, references to the making of an 
invention by an employee are references to his maki ng it alone or jointly with any other person, but do 
not include references to his merely contributing advice or other assistance in the making of an 
invention by another employee.   
 (3) Any references in section 49 to a patent and to  a patent being granted are respectively references 
to a patent or other protection and to its being gr anted whether under the law of Singapore or the law 
in force in any other country or under any treaty or international convention.   
 
(4) Nothing in this Part shall be construed as precl uding the operation of an agreement or a contract in 
relation to the right to an invention.    [UK Patents 1977, s. 43 ]   
 
 
PART X 
 
CONTRACTS AS TO PATENTED PRODUCTS 
 
Application of this Part 
50A. —This Part shall apply only to —  
 
(a)  any contract for the supply of a patented product;  
 
(b)  any licence to work a patented invention; and  
 
(c)  any contract relating to any such supply or licence,  
 
that was entered into or granted on or after 23rd Fe bruary 1995 but before the date of commencement 
of section 3 of the Patents (Amendment) Act 2008.   
Avoidance of certain restrictive conditions 
51.—(1) Subject to this section, any condition or te rm of a contract for the supply of a patented 
product or of a licence to work a patented invention, or of a contract relating to any such supply or 
licence, shall be void in so far as it purports —   
(a) in the case of a contract for supply, to require the person supplied to acquire from the 
supplier, or his nominee, or prohibit him from acquiring from any specified person, or from 
acquiring except from the supplier or his nominee, anything other than the patented product;  
 
(b) in the case of a licence to work a patented  invention, to require the licensee to acquire 
from the licensor or his nominee, or prohibit him from acquiring from any specified person, or from acquiring except from the licensor or hi s nominee, anything other than the product 
which is the patented invention or (if it is  a process) other than any product obtained 
directly by means of the process or to which the process has been applied; or  IP/N/1/SGP/P/1/Rev.1 
Page 58  
 
  (c) in either case, to prohibit the person supplie d or the licensee from using articles (whether 
patented products or not) which are not supp lied by, or any patented process which does not 
belong to, the supplier or licensor, or his nomi nee, or to restrict the right of the person 
supplied or the licensee to use any such articles or process.  
 
(2) In proceedings against any person for infringeme nt of a patent, it shall be a defence to prove 
that at the time of the infringement there was in force a contract relati ng to the patent made by or with 
the consent of the plaintiff or a licence under the patent granted by him or with his consent and containing in either case a condition or term void by virtue of this section.    
(3) A condition or term of a contract or licence sh all not be void by virtue of this section if —  
 
(a) at the time of the making of the contract or  granting of the licence, the supplier or licensor 
was willing to supply the product, or grant a li cence to work the i nvention, as the case may 
be, to the person supplied or the licensee, on r easonable terms specified in the contract or 
licence and without any such condition or term  as is mentioned in subsection (1); and  
 
(b) the person supplied or the licensee is en titled under the contract or licence to relieve 
himself of his liability to observe the condition or term on giving to the other party 3 months’ 
notice in writing, and subject to payment to th at other party of such compensation (being, in 
the case of a contract to supply, a lump sum or re nt for the residue of the term of the contract 
and, in the case of a licence, a royalty for the residue of the term of the licence) as may be 
determined by an arbitrator appointed by the Minister.  
 (4) If in any proceedings it is alleged that any co ndition or term of a contract or licence is void by 
virtue of this section, it shall lie on the supp lier or licensor to prove the matters set out in 
subsection (3) (a).   
 (5) A condition or term of a contract or licence shall not be void by virtue of this section by reason only that it prohibits any person from sellin g goods other than those supplied by a specific 
person or, in the case of a contract for the hiring of or licence to use a patented product, that it 
reserves to the bailor or licensor, or his nominee, th e right to supply such new parts of the patented 
product as may be required to put or keep it in repair.   
 
[UK Patents 1977, s. 44]   
 
Determination of parts of certain contracts 
52.—(1) Any contract for the supply of a patented product or licence to work a patented invention, or 
contract relating to any such supply or licence, ma y at any time after the patent or all the patents 
by which the product or invention was protected at the time of the making of the contract or granting of the licence has or have ceased to be in force, and notwithstanding anything to the contrary in the 
contract or licence or in any other contract, be dete rmined, to the extent (and only to the extent) that 
the contract or licence relates to the product or inve ntion, by either party on giving 3 months’ notice in 
writing to the other party.   
 (2) In subsection (1), “patented product” and “pat ented invention” include respectively a product and 
an invention which is the subject of an applica tion for a patent, and that subsection shall apply 
in relation to a patent by which any such product or invention was protected and which was granted 
after the time of the making of the contract or granting of the licence, on an application which had 
been filed before that time, as it applies to a patent in force at that time.   
 (3) If, on an application under this section made by e ither party to a contract or licence falling within 
subsection (1), the court is satisfied that, in conseque nce of the patent or patents ceasing to be in force,  IP/N/1/SGP/P/1/Rev.1 
 Page 59 
 
 
  it would be unjust to require the applicant to contin ue to comply with all the terms and conditions of 
the contract or licence, the court may make such order varying those terms or conditions as, having 
regard to all the circumstances of the case, it thinks just as between the parties.   
 (4) Without prejudice to any other right of recove ry, nothing in subsection (1) shall be taken to 
entitle any person to recover prope rty let under a hire-purchase agreement within the meaning of the 
Hire-Purchase Act (Cap. 125).    (5) This section shall be without prejudice to any rule of law relating to the frustration of contracts and any right of determining a contract or licence exercisable apart from this section.   
 
[UK Patents 1977, s. 45]   
 
 
PART XI 
 
LICENCES OF RIGHT AND COMPULSORY LICENCES 
 
Licences of right 
53.—(1) At any time after the grant of a patent, its proprietor may apply to the Registrar for an entry 
to be made in the register to the effect that licen ces under the patent are to be available as of right.   
 (2) Where an application under subsection (1) is made, the Registrar shall give notice of the 
application to any person registered as having a right in or under the patent and, if satisfied that the 
proprietor of the patent is not precluded by contract from granting licences under the patent, the 
Registrar shall make that entry.    (3) Where an entry under subsection (2) is made in respect of a patent —   
(a) any person shall, at any time after the entry is made, be entitled as of right to a licence 
under the patent on such terms as may be settled by agreement or, in default of agreement, by 
the Registrar on the application of the proprieto r of the patent or the person requiring the 
licence;  
 
(b) the Registrar may, on the application of the holder of any licence granted under the patent 
before the entry was made, order the licence to be exchanged for a licence of right on terms so 
settled;  
 
(c) if, in proceedings for infringement of the pa tent, the defendant undertakes to take a licence 
on such terms, no injunction shall be granted ag ainst him and the amount (if any) recoverable 
against him by way of damages shall not exceed  twice the amount which would have been 
payable by him as licensee if such a licence on those terms had been granted before the 
earliest infringement; and  
 
(d) the renewal fee payable in respect of the patent  after the date of the entry shall be half the 
fee which would be payable if the entry had not been made.  
 (4) An undertaking under subsection (3) (c) may be given at any time before final order in the 
proceedings, without any admission of liability.    IP/N/1/SGP/P/1/Rev.1 
Page 60  
 
  (5) The licensee under a licence of right may (unless, in the case of a licence the terms of which are 
settled by agreement, the licence otherwise expressly pr ovides) request the proprietor of the patent to 
take proceedings to prevent any infringement of the patent.    (6) If the proprietor refuses or neglects to take pr oceedings under subsection (5) within 2 months after 
being so requested, the licensee may institute proceedings for the infringement in his own name as if 
he were the proprietor, making the proprietor a defendant.    (7) A proprietor so added as defendant shall not be liable for any costs or expenses unless he enters an 
appearance and takes part in the proceedings.   
 
[UK Patents 1977, s. 46]   
 
Cancellation of entry made under section 53 
54.—(1) At any time after an entry has been made under section 53 in respect of a patent, the 
proprietor of the patent may apply to the Registrar for cancellation of the entry.   
 (2) Where an application under subsection (1) is ma de and the balance paid of all renewal fees which 
would have been payable if the entry had not b een made, the Registrar may cancel the entry if 
satisfied that there is no existing licence under th e patent or that all licensees under the patent 
consent to the application.   
 
(3) Within the prescribed period after an entry had been made under section 53 in respect of a patent, 
any person who claims that the proprietor of the pa tent is, and was at the time of the entry, precluded 
by a contract in which the claimant is interest ed from granting licences under the patent may apply to 
the Registrar for cancellation of the entry.   
 
(4) Where the Registrar is satisfied, on an applicat ion under subsection (3), that the proprietor of 
the patent is and was so precluded, he shall cancel the entry.    (5) The proprietor shall be liable to pay, within a pe riod specified by the Registrar, a sum equal to the 
balance of all renewal fees which would have been  payable if the entry had not been made, and the 
patent shall cease to have effect at the expiration of that period if that sum is not so paid.   
 (6) Where an entry is cancelled under this secti on, the rights and liabilities of the proprietor of 
the patent shall after the cancellation be the same as if the entry had not been made.   
 
(7) Where an application has been made under this section —  
 
(a) in the case of an application u nder subsection (1), any person; and  
 
(b) in the case of an application under sub section (3), the proprie tor of the patent,  
 
may, within the prescribed period, give notice to  the Registrar of opposition to the cancellation.   
 (8) The Registrar shall, in considering the appli cation made under this section, determine whether the 
opposition is justified.    [UK Patents 1977, s. 47]   
  IP/N/1/SGP/P/1/Rev.1 
 Page 61 
 
 
  Compulsory licences 
55.—(1) Any interested person may apply to the cour t for the grant of a licence under a patent on the 
ground that the grant of the licence is necessary to remedy an anti-competitive practice.    
 
[19/2004] 
 
(2) Without prejudice to the generality of subsection (1), the court may determine that the grant of a 
licence is necessary to remedy an anti-competitive practice if —   
(a) there is a market for the patented invention in Singapore;  
 
(b) that market —  
 
(i) is not being supplied; or  
 
(ii) is not being supplied on reasonable terms; and  
 
(c) the court is of the view that the proprietor  of the patent has no valid reason for failing to 
supply that market with the patented invention, whether directly or through a licensee, on reasonable terms.    
 
[19/2004] 
 
(3) Subject to this section, if the court is satisfi ed that the ground referred to in subsection (1) is 
established, the court may make an order for the gr ant of a licence in accord ance with the application 
upon such terms as the court thinks fit.    
 
[40/95;19/2004] 
 
(4) A licence granted under this section —   
(a) is not exclusive; and  
 
(b) shall not be assigned otherwise than in connection with the goodwill of the business in which the patented invention is used.    
 
[40/95;19/2004] 
 
(5) Any licence granted under this section may, on the application of any interested party, be terminated by the court where the court is satisfied that the ground upon which the licence was granted has ceased to exist and is unlikely to recur.    
[40/95;19/2004] 
 
(6) Where a licence is granted under this sectio n to any person, the person shall pay such 
remuneration to the patentee as may be agreed, or as may be determined by a method agreed between 
the person and the patentee or, in default of ag reement, as is determined by the court on the 
application of the person or the patentee.    
 
[40/95] 
 IP/N/1/SGP/P/1/Rev.1 
Page 62  
 
  (7) The powers of the court on an application under th is section shall be exercised with a view to 
securing that the inventor or other person benefici ally entitled to a patent shall receive reasonable 
remuneration having regard to the economic value of the licence.     
[40/95] 
 
(8) No order shall be made in pursuance of any application under this section which would be at 
variance with any treaty or international convention rela ting to patents to which Singapore is a party.    
 
[40/95] 
 
 
PART XII 
 
USE OF PATENTED INVENT IONS FOR SERVICES OF 
GOVERNMENT 
 
Use of patented inventions by Government and authorised parties 
56.—(1) Subject to sections 60, 61 and 62, but notw ithstanding any other section of this Act, the 
Government and any party authorised in writing by  the Government may do anything in relation to a 
patented invention —  
 
(a) for a public non-commercial purpose; or  
 
(b) for or during a national emergency or other circumstances of extreme urgency,  
 
and anything done by virtue of this section shall no t amount to an infringement of the patent.    
 
[19/2004] 
 
(1A)   Without prejudice to the generality of s ubsection (1), subject to sections 60, 61 and 62, but 
notwithstanding any other section of this Act, the Go vernment and any party authorised in writing by 
the Government may import any relevant health pr oduct, and do anything in relation to any relevant 
health product so imported, for or during a national emergency or other circumstances of 
extreme urgency, if the Government has given the Council for TRIPS a relevant notification in 
relation to the relevant health product.    
(2) For the purposes of this section and section 57 —  
 
(a) any use of an invention for the supply to the government of any country outside Singapore, in pursuance of any agreement or  arrangement between the Government of 
Singapore and the government of that country, of articles required for the defence of that 
country shall be deemed to be a use of th e invention for a public non-commercial purpose; 
and  
 
(b) the power of the Government or any party au thorised by the Government to do anything in 
accordance with this section shall not, in the case of a patent relating to an integrated circuit, 
extend to sale of the invention to the public.   
 
[40/95;19/2004]  IP/N/1/SGP/P/1/Rev.1 
 Page 63 
 
 
  (3) The purchaser of any article sold in the exerci se of the powers conferred by this section, and 
any person claiming through the purchaser, shall have power to deal with it in the same manner as if 
the patent were held on behalf of the Government.    
[40/95] 
 (4)   In this section —  
 
"integrated circuit" means a product, in its fi nal or an intermediate form, in which the 
elements, at least one of which is an active el ement, and some or all of the interconnections 
are integrally formed in and on, or in or on,  a piece of material and which is intended to 
perform an electronic function;  
 
"relevant notification" means a notification that satisfies the requirements of —    
 
(a)  paragraph 2 (a) of the Doha Declaration Implementation Decision; or  
 
(b)  paragraph 2 (a) of the Annex to the TRIPS Agreement.  
 
Rights of third parties in respect of Government use 
57.—(1) In relation to —  
 
(a) anything done in accordance with section 56 by the Government or any party authorised in 
writing by the Government; or  
 
(b) anything done to the order of the Government —  
 
(i) for a public non-commercial purpose; or  
 
(ii) for or during a national emergency or other circumstances of extreme urgency,  
 
by the proprietor of a patent in respect of the patented invention or by the proprietor of an application for a patent in respect of the inven tion for which the application has been filed and 
is still pending,  
 the provisions of any licence, assignment or agreemen t to which this subsection applies shall, subject 
to sections 60, 61 and 62, be of no effect so far as those provisions restrict or regulate the working of 
the invention, or the use of any model, document or information relating to it, or provide for the 
making of payments in respect of, or calculated by reference to, such working or use.    
 
[40/95;19/2004] 
 
(2) The reproduction or publication of any model or  document in connection with the said working or 
use shall not be deemed to be an infringement of any copyright or design right subsisting in the model 
or document.    
[40/95] 
 
(3) Subsection (1) shall apply to any licence, assignme nt or agreement which is made, whether before 
or after 23rd February 1995, between (on the one hand) any person who is a proprietor of or an 
applicant for the patent, or anyone who derives title  from any such person or from whom such person 
derives title, and (on the other hand) any person other than the Government.   
 
[19/2004] IP/N/1/SGP/P/1/Rev.1 
Page 64  
 
  References of disputes as to Government use 
58.—(1) Any dispute as to the exercise by the Govern ment or a party authorised by the Government 
of the powers conferred by, or as to the terms for doing anything in accordance with, section 56 may 
be referred to the court by either party to the dispute after a patent has been granted for the invention.    
 
[19/2004] 
 
(2) In determining any dispute re ferred to the court under this secti on, the court shall have regard 
to —   
(a) any benefit or compensation that the patent ee of the invention may have received, or may 
be entitled to receive, directly or indirectly, fro m the Government or any party authorised by 
the Government in respect of the patented invention; and  
 
(b) the need to ensure that th e patentee shall receive reasonable remuneration having regard to 
the economic value of the patented invention.    
 
[40/95;19/2004] 
 
(3) If the validity of a patent is put in issue in proceedings under this section and it is found that the 
patent is only partially valid, the court may, subject  to subsection (4), grant relief to the proprietor of 
the patent in respect of that part of the patent wh ich is found to be valid and to have been used in 
accordance with section 56.     
[19/2004] 
 
(4) Where in any such proceedings it is found that  a patent is only partially valid, the court shall 
not grant relief by way of costs or expenses except  where the proprietor of the patent proves that the 
specification of the patent was framed in good faith  and with reasonable skill and knowledge, and in 
that event the court may grant relief in respect of that  part of the patent which is valid and has been so 
used, subject to the discretion of the court as to costs and expenses.    
(5) As a condition of any such relief, the court may di rect that the specification of the patent shall be 
amended to its satisfaction upon  an application made for that purpose under section 83, and an 
application may be so made accordingly, whether or  not all other issues in the proceedings have been 
determined.    
(6) In any proceedings under this section, the cour t may at any time order the whole proceedings or 
any question or issue of fact arising in them to be referred, on such terms as the court may direct, to an 
arbitrator; and references to the court in th is section shall be construed accordingly.   
 (7) One of the 2 or more joint proprietors of a pate nt or an application for a patent may, without the 
concurrence of the others, refer a dispute to the c ourt under this section, but shall not do so unless the 
others are made parties to the proceedings; but any of the others if made a defendant shall not be 
liable for any costs or expenses unless he enters an appearance and takes part in the proceedings.   
 59.—(Repealed by Act 19/2004 )  
 Nature and scope of rights under section 56 
60.—(1) The right to use a patented invention under section 56 —  
 
(a) is not exclusive;  
  IP/N/1/SGP/P/1/Rev.1 
 Page 65 
 
 
  (b) shall not be assigned otherwise than in connection with the goodwill of the business in 
which the patented invention is used; and  
 
(c) is, notwithstanding subsection (2) (a) of section 56, limited to the supply of the patented 
invention predominantly in Singapore by the Government or a party authorised by the 
Government under that section.    
 
[40/95;19/2004] 
 
(1A)   The right under section 56 to use a re levant health product which is imported under 
section 56(1A) does not include a right to e xport the relevant health product.   
 (2) The right to use a patented invention under section 56 may, on the application of any interested party, be terminated by the court, where the court is satisfied that the circumstances that gave rise to 
the right to use the patented invention have ceas ed to exist and are unlikely to recur.    
 
[40/95] 
 
(3)   Where the court has terminated the right under section 56 to use a patented invention, the court may make such consequential orders as it thinks necessary.    Duty to inform patentee 
61.—(1) Where any thing set out in section 66 (1) is done in relation to a patented invention by the 
Government or a party authorised in writing by the Government for a public non-commercial purpose, 
the Government department that did or author ised the doing of the thing shall inform the 
patentee promptly of the doing of the thing.    
 
[19/2004] 
 
(2) Where any thing set out in section 66 (1) is do ne in relation to a patented invention by the 
Government or a party authorised in writing by th e Government for or during a national emergency or 
other circumstances of extreme urgency, the Governme nt department that did or authorised the doing 
of the thing shall, as soon as reasonably practicable, in form the patentee of the doing of the thing.    
 
[19/2004] 
 
Patentee entitled to remuneration 
62.—(1)   Subject to subsection (2), where an act is done under section 56, the Government shall pay 
such remuneration to the patentee as may be agr eed, or as may be determined by a method agreed, 
between the Government and the patentee having re gard to the economic value of the patented 
invention or as may, in default of agreement, be determined by the court under section 58.   
 (2)   No remuneration shall be payable under subsec tion (1) in respect of the import or subsequent 
use under section 56(1A) of any relevant health pro duct, if the patentee has received or will receive 
any other remuneration in respect of that relevant health product.   
 63.—(Section number not in use )  
 
64.—(Section number not in use ) 
 65.—(Section number not in use ) 
 IP/N/1/SGP/P/1/Rev.1 
Page 66  
 
  PART XIII 
 
INFRINGEMENT OF PATENTS 
 
Meaning of infringement 
66.—(1) Subject to the provisions of this Act, a pe rson infringes a patent for an invention if, but only 
if, while the patent is in force, he does any of the following things in Singapore in relation to the 
invention without the consent of the proprietor of the patent:  
 
(a) where the invention is a product, he makes, disposes of, offers to dispose of, uses or imports the product or keeps it whether for disposal or otherwise;  
 
(b) where the invention is a process, he uses th e process or he offers it for use in Singapore 
when he knows, or it is obvious to a reasonabl e person in the circumstances, that its use 
without the consent of the proprietor would be an infringement of the patent;  
 
(c) where the invention is a process, he disposes of, offers to dispose of, uses or imports any 
product obtained directly by means of that pr ocess or keeps any such product whether for 
disposal or otherwise.  
 (2) An act which, apart from this subsection, woul d constitute an infringement of a patent for an 
invention shall not be so if —   
(a) it is done privately and for purposes which are not commercial;  
 
(b) it is done for experimental purposes relating to the subject-matter of the invention;  
 
(c) it consists of the extemporaneous prepar ation of a medicine for an individual in 
accordance with a prescription given by a registered  medical or dental practitioner or consists 
of dealing with a medicine so prepared;  
 
(d) it consists of the use of a product or process in the body or operation of a relevant aircraft, 
hovercraft or vehicle which has temporarily or accidentally entered or is crossing Singapore 
(including the air space above it and its territori al waters) or the use of accessories for such a 
relevant aircraft, hovercraft or vehicle;  
 
(e) it consists of the use, exclusively for the n eeds of a relevant ship, of a product or process 
in the body of the ship or in  its machinery, tackle, apparatus or other accessories, in a case 
where the ship has temporarily or accidentally entered the territorial waters of Singapore;  
 
(f) it consists of the use of an exempted aircra ft which has lawfully entered or is lawfully 
crossing Singapore as mentioned in paragraph (d) or of the importation into Singapore, or the 
use or storage, of any part or accessory for that aircraft;  
 
(g) subject to subsections (3) and (5A), it consis ts of the import, use or disposal of, or the 
offer to dispose of, any patented product or any product obtained by means of a patented 
process or to which a patented process has been  applied, which is produced by or with the 
consent (conditional or otherwise) of the pr oprietor of the patent or any person licensed 
by him, and for this purpose “patent” includes a patent granted in any country outside Singapore in respect of the same or substan tially the same invention as that for which a 
patent is granted under this Act and “paten ted product”, “patented process” and “licensed” 
shall be construed accordingly;   IP/N/1/SGP/P/1/Rev.1 
 Page 67 
 
 
   
(h) it consists of the doing of any thing set out  in subsection (1) in relation to the subject-
matter of the patent to support any applica tion for marketing approval for a pharmaceutical 
product, provided that any thing produced to support the application is not —   
(i) made, used or sold in Singapore; or  
 
(ii) exported outside Singapore,  
 
other than for purposes related to meeting the requirements for marketing approval for that 
pharmaceutical product; or  
 
(i) subject to subsection (5A), it consists of th e import, disposal or offer to dispose of a 
patented pharmaceutical product for use by or on a specific patient in Singapore, or the use of that product by or on that patient, where —  
 
(i) that product is required for use by or on that patient;  
 
(ii) the relevant authority has granted approval specifically for the import of that product for use by or on that patient; and  
 
(iii) that product was produced by or with  the consent (conditional or otherwise) of 
the proprietor of the patent or any pers on licensed by him (and for this purpose 
“patent” includes a patent granted in any c ountry outside Singapore in respect of the 
same or substantially the same produc t and “licensed” shall be construed 
accordingly).    
 
[19/2004] 
 
(3) Subsection (2) (g) shall not apply to the import of any patented pharmaceutical product by any 
person (referred to in this subsection and subsection (4) as the importer) if —  
 
(a) the product has not previously been sold or distributed in Singapore by or with the consent 
(conditional or otherwise) of the proprietor of  the patent or any person licensed by the 
proprietor of the patent to sell or distribute the product in Singapore;  
 
(b) the import of the product by the importer w ould result in the product being distributed in 
breach of a contract between —  
 
(i) the proprietor of the patent; and  
 
(ii) any person licensed by the proprietor of the patent to distribute the product outside Singapore; and  
 
(c) the importer has actual or constructive knowledge of the matters referred to in 
paragraph (b).   
[19/2004] 
 (4) For the purposes of subsection (3), where the importer has received a written notice containing 
the prescribed particulars, he shall be deemed to have constructive knowledge of the matters referred 
to in subsection (3) (b).   
[19/2004] 
 IP/N/1/SGP/P/1/Rev.1 
Page 68  
 
  (5) For the avoidance of doubt, in subsection (3), “p atent” does not include a patent granted in any 
country outside Singapore in respect of the same or substantially the same product and “licensed” 
shall be construed accordingly.    
[19/2004] 
 (5A)   Subsection (2) (g) and (i) shall not apply to the import or sale of, or the offer to sell, any 
relevant health product produced for export to any country, other than Singapore, which is an eligible 
importing member of the World Trade Organisation.    (6)   In this section —  
 
"eligible importing member" , in relation to th e World Trade Organisation, means a member 
of the World Trade Organisation which —    
 
(a)  is a least-developed country; or  
 
(b)  has given the Council for TRIPS the notification referred to in —  
 
(i)  paragraph 1 (b) of the Doha Declaration Implementation Decision; or  
 
(ii)  paragraph 1 (b) of the Annex to the TRIPS Agreement;  
 
"exempted aircraft" means an aircraft to whic h section 5 of the Air Navigation Act (Cap. 6) 
applies;  
 
“relevant ship” and “relevant aircraft, hovercraft  or vehicle” mean, respectively, a ship and an 
aircraft, a hovercraft or a vehicle registered in, or belonging to, any country, other than 
Singapore, which is —     
(a)  a party to the Paris Convention; or  
 
(b)  a member of the World Trade Organisation.  
 
Proceedings for infringement of patent 
67.—(1) Subject to this Part, civil proceedings ma y be brought in the court by the proprietor of a 
patent in respect of any act alleged to infringe  the patent and (without prejudice to any other 
jurisdiction of the court) in those proceedings a claim may be made —  
 
(a) for an injunction restraining the defendant  from any apprehended act of infringement;  
 
(b) for an order for him to deliver up or destro y any patented product in relation to which the 
patent is infringed or any article in which th at product is inextricably comprised or any 
material and implement the predominant use of which has been in the creation of the 
infringing product;  
 
(c) for damages in respect  of the infringement;  
 
(d) for an account of the profits derived by him from the infringement; and  
 
(e) for a declaration that the patent is va lid and has been infringed by him.    
 
[40/95]  IP/N/1/SGP/P/1/Rev.1 
 Page 69 
 
 
  (2) The court shall not, in respect of the same infringement, both award the proprietor of a patent 
damages and order that he shall be given an account of the profits.    (3) The proprietor of a patent and any other person may, by agreement with each other, refer to the 
Registrar the question whether that other person ha s infringed the patent and on the reference, the 
proprietor of the patent may make an y claim mentioned in subsection (1) (c) or (e).   
 (4) In this Act, unless the context otherwise requires —   
(a) any reference to proceedings for infringe ment and the bringing of such proceedings 
includes a reference to a reference under subsecti on (3) and the making of such a reference;  
 
(b) any reference to a plaintiff includes a refe rence to the proprietor of the patent; and  
 
(c) any reference to a defendant includes a refe rence to any other party to the reference.  
 
(5) If it appears to the Registrar on a reference under subsection (3) that the question referred to 
him would more properly be determined by the cour t, he may decline to deal with it and the court 
shall have jurisdiction to determine the question as if the reference were proceedings brought in 
the court.    
(6) Subject to this Part, in determining whether or  not to grant any kind of relief claimed under this 
section and the extent of the relief granted, the cour t or the Registrar shall apply the principles applied 
by the court in relation to that kind of relie f immediately before 23rd February 1995.   
 
[UK Patents 1977, s. 61]   
 
Reversal of burden of proof 
68.—(1) In any proceedings for the infringement of a patent, where the subject-matter of the patent is 
a process for obtaining a new product, the burden of pr oving that a product is not made by the process 
shall be on the alleged infringer if the product is ne w or a substantial likelihood exists that the product 
is made by the process and the proprietor of the patent has been unable through reasonable efforts to 
determine the process actually used.   
 (2) In considering whether a party has discharged the burden imposed upon him by this section, the court shall not require him to disclose any manufac turing or commercial secret if it appears to the 
court that it would be unreasonable to do so.   
 
[UK Patents 1977, s. 100]   
 
Restrictions on relief for infringement 
69.—(1) In proceedings for infringement of a patent, damages shall not be awarded and no order shall 
be made for an account of profits against a defendant  who proves that at the date of the infringement 
he was not aware, and had no reasonable grounds for supposing, that the patent existed.   
 
[19/2004] 
 
(2) A person shall not be taken to have been aw are or to have had reas onable grounds for supposing 
by reason only of the application to a product of th e word “patent” or “patented”, or any word or 
words expressing or implying that a patent has been  obtained for the product, unless the number of the 
patent accompanied the word or words.    IP/N/1/SGP/P/1/Rev.1 
Page 70  
 
  (3) In proceedings for infringement of  a patent, the court or the Registrar may, if it or he thinks fit, 
refuse to award any damages, make an order for an account of profits or grant any other relief 
(including, in proceedings before  the court, an injunction) —  
 
(a) in respect of an infringement committe d during any further period specified under 
subsection (3) of section 36, but before the paym ent of the renewal fee and any additional fee 
prescribed for the purposes of that subsection;  
 
(b) where the patent was granted on the basi s of any examination report referred to in 
section 29 (5), any search and examination re port referred to in section 29 (6) or any 
international preliminary report on pate ntability referred to in section 30 (2) (b) (vi), in 
respect of any infringement alleged to have been committed at any time when any claim (in 
the specification of the patent) that is alleged to have been infringed is not related to any 
claim in the application for the patent  at the time the report was issued —  
 
(i) which has been examined; and  
 
(ii) which is referred to in the report; or  
 
(c) where the patent was granted on the basis of the prescribed information relating to a 
corresponding application referred to in section 29 (2) (c) (ii) or the prescribed information 
relating to a corresponding international a pplication referred to in section 29 (2) (d) (ii), in 
respect of any infringement alleged to have been committed at any time when any claim (in 
the specification of the patent) that is alleged to have been infringed is not related to any 
claim —  
 
(i) which is set out in the prescribed information relating to the corresponding 
application or corresponding international application, as the case may be; and  
 
(ii) which has been examined to determin e whether the claim appears to satisfy the 
criteria of novelty, inventive step (or non- obviousness) and industrial applicability (or 
utility).   
 
[19/2004] 
 
(4) Where an amendment of the specification of a pa tent has been allowed under any of the provisions 
of this Act, the court or the Registrar shall not, in proceedings for an infringement of the patent 
committed before the decision to allow the amendmen t, award any damages, make an order for an 
account of profits or grant any other relief (including , in proceedings before the court, an injunction) 
unless the court or the Registrar is satisfied that  the specification of the patent as published was 
framed in good faith and with r easonable skill and knowledge.   
 
[UK Patents 1977, s. 62]    
 
[19/2004] 
 
Relief for infringement of partially valid patent 
70.—(1) If the validity of a patent is put in issue in proceedings for infringement of the patent and it is 
found that the patent is only par tially valid, the court or the Registrar may, subject to subsection (2), 
grant relief in respect of that part of the pate nt which is found to be valid and infringed.   
 (2) Where in any such proceedings it is found that a patent is only partially valid, the court or the 
Registrar shall not grant relief by way of damages,  costs or expenses, except where the plaintiff  IP/N/1/SGP/P/1/Rev.1 
 Page 71 
 
 
  proves that the specification for the patent was framed in good faith and with reasonable skill and 
knowledge, and in that event the court or the Registra r may grant relief in respect of that part of the 
patent which is valid and infringed, subject to the disc retion of the court or the Registrar as to costs or 
expenses and as to the date from whic h damages should be reckoned.   
 
(3) As a condition of relief under this section, the court or the Registrar may direct that the 
specification of the patent shall be amended to its or  his satisfaction upon an application made for that 
purpose under section 83, and an application may be so  made accordingly, whether or not all other 
issues in the proceedings have been determined.    [UK Patents 1977, s. 63]   
 
Right to continue use begun before priority date 
71.—(1) Where a patent is granted for an invention,  a person who in Singapore before the priority 
date of the invention —  
 
(a) does in good faith an act which would constitute  an infringement of the patent if it were in 
force; or   (b) makes in good faith effective and seri ous preparations to do such an act,  
 
has the right to continue to do the act or, as the case may be, to do the act, notwithstanding the 
grant of the patent.    (2) The right conferred by subsection (1) shall not extend to granting a licence to another person to do 
the act.   
 
(3) If the act was done, or the preparations were ma de, in the course of a business, the person entitled 
to the right conferred by subsection (1) may —   
(a) authorise the doing of that act by any partner of his for the time being in that business; and  
 
(b) assign that right, or transmit it on death (or in the case of a body corporate on its 
dissolution) to any person who acquires that part  of the business in the course of which the act 
was done or the preparations were made.  
 (4) Where a product is disposed of to another in exercise of the rights conferred by subsection (1) 
or (3), that other and any person claiming throu gh him may deal with the product in the same way as 
if it had been disposed of by the registered proprietor of the patent.    
[UK Patents 1977, s. 64]   
 
Certificate of contested validity of patent 
72.—(1) Where in any proceedings before the court or  the Registrar the validity of a patent to any 
extent is contested and that  patent is found by the court or the Re gistrar to be wholly  or partially valid, 
the court or the Registrar may certify the finding and the fact that the validity of the patent was so 
contested.    
(2) Where a certificate is granted under this section,  then, if in any subsequent proceedings before 
the court or the Registrar for infringement of the pate nt or for revocation of the patent, a final order or 
judgment is made or given in favour of the part y relying on the validity of the patent as found in 
the earlier proceedings, that party shall, unless the co urt or the Registrar otherwise directs, be entitled IP/N/1/SGP/P/1/Rev.1 
Page 72  
 
  to his costs or expenses as between solicitor and ow n client other than the costs or expenses of any 
appeal in the subsequent proceedings.    
[UK Patents 1977, s. 65]   
 
Proceedings for infringement by co-owner 73.—(1) In the application of section 66 to a patent of  which there are 2 or more joint proprietors, the 
reference to the proprietor shall be construed —   
(a) in relation to any act, as a reference to that proprietor or those proprietors who, by virtue 
of section 46 or any agreement re ferred to in that section, is or are entitled to do that act 
without its amounting to an infringement; and  
 
(b) in relation to any consent, as a reference to that proprietor or those proprietors who, by virtue of section 46 or any such agreement, is or are the proper person or persons to give the 
requisite consent.  
 (2) One of 2 or more joint proprietors of a patent  may without the concurrence of the others bring 
proceedings in respect of an act alleged to infringe  the patent, but shall not do so unless the others are 
made parties to the proceedings; but any of the ot hers if made a defendant shall not be liable for 
any costs or expenses unless he enters an app earance and takes part in the proceedings.   
 
[UK Patents 1977, s. 66]   
 
Proceedings for infringement by exclusive licensee 
74.—(1) The holder of an exclusive licence under a pate nt shall have the same right as the proprietor 
of the patent to bring proceedings in respect of an y infringement of the patent committed after the date 
of the licence; and references to the proprietor of th e patent in this Act relating to infringement shall 
be construed accordingly.    
[19/2004] 
 
(2) In awarding damages or granting any other reli ef in any such proceedings, the court or the 
Registrar shall take into consideration any loss su ffered or likely to be suffered by the exclusive 
licensee as such as a result of the infringement, or , as the case may be, the profits derived from the 
infringement, so far as it constitutes an infringement of the rights of the exclusive licensee as such.   
 (3) In any proceedings taken by an exclusive licensee by virtue of this section, the proprietor of the 
patent need not be made a party to the proceedings, but if made a defendant shall not be liable for any 
costs or expenses unless he enters an appear ance and takes part in the proceedings.   
 
[UK Patents 1977, s. 67]    
[19/2004] 
 
Effect of non-registration on infringement proceedings 
75.—Where by virtue of a transaction, instrument or event to which section 43 applies a person 
becomes the proprietor or one of the proprietors or an exclusive licensee of a patent and the patent is 
subsequently infringed, the court or the Registrar shall not award him damages or order that he be 
given an account of the profits in respect of su ch a subsequent infringement occurring before the 
transaction, instrument or event is registered unless —  
 
(a) the transaction, instrument or event is re gistered within the period of 6 months beginning 
with its date; or  
  IP/N/1/SGP/P/1/Rev.1 
 Page 73 
 
 
  (b) the court or the Registrar is satisfied that it was not practicable to register the transaction, 
instrument or event before the end of that period and that it was registered as soon as practicable thereafter.   
[UK Patents 1977, s. 68]  
 
Infringement of rights conferred by publication of application 
76.—(1) Where an application for a patent for an inve ntion is published, then, subject to this section, 
the applicant shall have, as from the publication and until the grant of the patent, the same right as he 
would have had, if the patent ha d been granted on the date of the publication of the application, to 
bring proceedings in the court or before the Regist rar for damages in respect of any act which would 
have infringed the patent.    (2) References in sections 66 to 69 and 73 to 75 to a patent and the proprietor of a patent shall be 
respectively construed as including references to any such application and the applicant, and 
references to a patent being in force, being gran ted, being valid or exis ting shall be construed 
accordingly.    (3) The applicant shall be entitled to bring proceedi ngs by virtue of this section in respect of any 
act only —   
(a) after the patent has been granted; and  
 
(b) if the act would, if the patent had been granted on the date of the publication of the application, have infringed not only the patent, but also the claims (as interpreted by the 
description and any drawings referred to in the description or claims) in the form in which 
they were contained in the application immediat ely before the preparations for its publication 
were completed by the Registry.  
 (4) Section 69 (3) and (4) shall not apply to an infringement of the rights conferred by this section but in considering the amount of any damages for such an infringement, the court or the Registrar shall 
consider whether or not it would have been r easonable to expect, from a consideration of the 
application as published under section 27, that a pa tent would be granted c onferring on the proprietor 
of the patent protection from an act of the same d escription as that found to infringe those rights, and 
if the court or the Registrar finds that it would no t have been reasonable, it or he shall reduce the 
damages to such an amount as it or he thinks just.    [UK Patents 1977, s. 69]   
 
Remedy for groundless threats of infringement proceedings 
77.—(1) Where a person (whether or not the proprie tor of, or entitled to any right in, a patent) by 
circulars, advertisements or otherwise threatens another person with proceed ings for any infringement 
of a patent, a person aggrieved by the threats (whether  or not he is the person to whom the threats are 
made) may, subject to subsection (4), bring pro ceedings in the court against the person making the 
threats, claiming any relief mentioned in subsection (3).    (2) In any such proceedings, the plaintiff shall, if he proves that the threats were so made and 
satisfies the court that he is a person aggrieved by them, be entitled to the relief claimed unless —  
 
(a) the defendant proves that the acts in resp ect of which proceedings were threatened 
constitute or, if done, would constitute an infringement of a patent; and  
 IP/N/1/SGP/P/1/Rev.1 
Page 74  
 
  (b) the patent alleged to be infringed is not show n by the plaintiff to be invalid in a relevant 
respect.   
(3) The said relief is —   
(a) a declaration to the effect th at the threats are unjustifiable;  
 
(b) an injunction against the continuance of the threats; and  
 
(c) damages in respect of any loss which the plaintiff has sustained by the threats.  
 
(4) Proceedings may not be brought under this sec tion for a threat to bring proceedings for an 
infringement alleged to consist of making or importing a product for dis posal or of using a process.   
 (5) It is hereby declared that a mere notificati on of the existence of a patent does not constitute 
a threat of proceedings within the meaning of this section.   
 (6) Nothing in this section shall render an advocat e and solicitor or any other person liable to an 
action under this section in respect of an act done by  the advocate and solicitor or the other person in 
his professional capacity on behalf of a client.    [UK Patents 1977, s. 70]   
 
Declaration as to non-infringement 
78.—(1) Without prejudice to the jurisdiction of the court to make a declaration apart from this 
section, a declaration that an act does not, or a propos ed act would not, constitute an infringement of a 
patent may be made by the court or the Regist rar in proceedings between  the person doing or 
proposing to do the act and the proprietor of th e patent, notwithstanding that no assertion to the 
contrary has been made by the proprietor, if it is shown —   
(a) that that person has applied in writing to the proprietor for a written acknowledgment to the effect of the declaration claimed, and has furnished him with full particulars in writing of 
the act in question; and  
 
(b) that the proprietor has refused or fa iled to give any such acknowledgment.  
 (2) A declaration made by the Registrar under this section shall have the same effect as a declaration 
made by the court.   
 
[UK Patents 1977, s. 71]   
 
 
PART XIV 
 
REVOCATION OF PATENTS AN D VALIDITY PROCEEDINGS 
 
79.—(Repealed by Act 19/2004 )  
 
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:  
  IP/N/1/SGP/P/1/Rev.1 
 Page 75 
 
 
  (a) the invention is not a patentable invention;  
 
(b) the patent was granted to a person who w as not entitled to be granted that patent;  
 
(c) the specification of the patent does not disclo se the invention clearly and completely for it 
to be performed by a person skilled in the art;  
 
(d) the matter disclosed in th e specification of the patent extends beyond that disclosed —  
 
(i) in the application for the patent, as filed; or  
 
(ii) where the patent was granted on a ne w application filed under section 20 (3) or 47 
(4) or section 116 (6) of the Patents Act (C ap. 221, 1995 Ed.), or in accordance with 
section 26 (11), in —  
 
(A) the earlier application made under this Act;  
 
(B) the application made under the United Kingdom Patents Act 1977; or  
 
(C) the application under the European Patent Convention designating the United Kingdom filed at the European Patent Office,  
 
as the case may be, from which the filing date  and the right of priority has been 
derived, as filed;  
 
(e) an amendment or a correction has b een made to the specification of —  
 
(i) the patent; or  
 
(ii) the application for the patent,  
 
which should not have been allowed;  
 
(f) the patent was obtained —  
 
(i) fraudulently;  
 
(ii) on any misrepresentation; or  
 
(iii) on any non-disclosure or inaccurate disclosure of any prescribed material information, whether or not the person unde r a duty to provide the information knew 
or ought reasonably to have known of such information or the inaccuracy;  
 
(g) the patent is one of 2 or more patents for the same invention having the same priority date 
and filed by the same party or his successor in title.    
 
[19/2004] 
 (2) On the application of any person for an order to  revoke a patent on any of the grounds specified in 
subsection (1) (a), (c), (d) and (e), the Registrar may, subject to subsection (3), cause the patent to be 
re-examined by an Examiner so as to determine wh ether the patent should be  revoked on any of those 
grounds and require the applicant to pa y the prescribed re-examination fee.   
 IP/N/1/SGP/P/1/Rev.1 
Page 76  
 
  (3) The Registrar shall not cause a patent to be re -examined under subsection (2) where, within the 
prescribed period, the applicant for the revocation of th e patent fails to give such security for the costs 
or expenses of the proceedings as the Registrar may specify; in which case, the application for 
revocation shall be treated as having been abandoned.    
(4) An application for the revocation of a pa tent on the ground mentioned in subsection (1)  (b) —  
 
(a) may only be made by a person found by the c ourt in an action for a declaration or found 
by the court or the Registrar on a reference unde r section 47, to be entitled to be granted that 
patent or to be granted a patent for part of the matter comprised in the specification of the 
patent sought to be revoked; and  
 
(b) may not be made if that action was commen ced or that reference was made after the end 
of the period of 2 years beginning with the da te of the grant of the patent sought to be 
revoked, unless it is shown that any person regist ered as a proprietor of the patent knew at the 
time of the grant or of the transfer of the patent  to him that he was not entitled to the patent.  
 (5) An order under this section may be —   
(a) an order for the unconditional revocation of the patent; or  
 
(b) where one of the grounds mentioned in sub section (1) has been established, but only so as 
to invalidate the patent to a limited extent, an  order that the patent should be revoked unless 
within a specified time the specification is am ended under section 83 to the satisfaction of the 
Registrar.  
 
(6) A decision of the Registrar or on appeal from the Registrar shall not stop any party to any civil 
proceedings in which infringement of a patent is in  issue from alleging invalid ity of the patent on any 
of the grounds referred to in subsection (1), whether or not any of the issues involved were decided in the decision.    (7) An order under this section revokin g a patent shall have effect from the date of the grant of the 
patent.   
 (8) Where an applicant for the revocation of a pate nt discontinues or withdraws his application, he 
shall pay such costs or expenses of the pro ceedings as the Registrar may determine.   
 
(9) An application for an order to revoke a patent shall be —  
 
(a) made in the prescribed form and filed at the Registry in the prescribed manner; and  
 
(b) accompanied by the prescribed fee.  
 
(10) Section 92 shall not apply in relation to the deci sion of the Registrar to cause a patent to be re-
examined under this section.    
[UK Patents 1977, s. 72]   
 
Registrar’s power to revoke patents 
81.—If it appears to the Registrar that an invention fo r which a patent has been granted formed part of 
the state of the art by virtue only of section 14 (3),  he may on his own initiative by order revoke the 
patent, but shall not do so without giving the propr ietor of the patent an opportunity of making any  IP/N/1/SGP/P/1/Rev.1 
 Page 77 
 
 
  observation and of amending the specification of the pa tent so as to exclude any matter which formed 
part of the state of the art as aforesaid without contravening section 84.    
[UK Patents 1977, s. 73]  
 
Proceedings in which validity of patent may be put in issue 82.—(1) Subject to this section, the validity of a patent may be put in issue —  
 
(a) by way of defence, in proceedings for infringement of the patent under section 67 or 
proceedings under section 76 for infringement of rights conferred by the publication of an 
application;  
 
(b) in proceedings under section 77;  
 
(c) in proceedings in which a declaration in re lation to the patent is sought under section 78;  
 
(d) in proceedings before the Registrar under sec tion 80 for the revocation of the patent; or  
 
(e) in proceedings under section 56 or 58.  
 (2) The validity of a patent may not be put in issu e in any other proceedings and, in particular, no 
proceedings may be instituted (whether under this Ac t or otherwise) seeking only a declaration as to 
the validity or invalidity of a patent.    (3) The only grounds on which the validity of a patent  may be put in issue (whether in proceedings for 
revocation under section 80 or otherwise) are the grounds on which the patent may be revoked under 
that section.   
 (4) No determination shall be made in any proceedi ngs mentioned in subsectio n (1) on the validity of 
a patent which any person puts in issue on the ground mentioned in section 80 (1) (b) unless —  
 
(a) it has been determined in entitlement pro ceedings commenced by that person or in the 
proceedings in which the validity of the patent is in issue that the patent should have been 
granted to him and not some other person; and  
 
(b) except where it has been so determined in  entitlement proceedings, the proceedings in 
which the validity of the patent is in issue are commenced before the end of the period of 2 
years beginning with the date of the grant of  the patent or it is shown that any person 
registered as a proprietor of the patent knew at the time of the grant or of the transfer of the patent to him that he was not entitled to the patent.  
 (5) Where the validity of a patent is put in issue by  way of defence or counterclaim, the court or the 
Registrar shall, if it or he thinks it just to do so, give the defendant an opportunity to comply with the 
condition in subsection (4) (a).   
 (6) In subsection (4), “entitlement proceedings”, in relation to a patent, means a reference under 
section 47 (1) on the ground that the patent was gran ted to a person not entitle d to it or proceedings 
for a declaration that it was so granted.   
 
(7) Where proceedings with respect to a patent ar e pending in the court under any provision of this 
Act mentioned in subsection (1), no proceedings ma y be instituted without the leave of the court 
before the Registrar with respect to that patent under section 67 (3), 76, 78 or 80.   
 IP/N/1/SGP/P/1/Rev.1 
Page 78  
 
  (8) It is hereby declared that for the purposes of th is Act the validity of a pa tent is not put in issue 
merely because the Registrar is considering its validit y in order to decide wh ether to revoke it under 
section 81.    
[UK Patents 1977, s. 74]   
 
 
PART XV 
 
AMENDMENTS OF PATENTS  AND APPLICATIONS 
 
Amendment of patent in infringement or revocation proceedings 
83.—(1) In any proceedings before the court or the Regi strar in which the validity of a patent is put in 
issue, the court or, as the case may be, the Registrar may, subject to section 84, allow the proprietor of 
the patent to amend the specification of the patent in  such manner, and subject to such terms as to the 
publication and advertisement of the proposed amendment and as to costs, expenses or otherwise, as the court or Registrar thinks fit.    
(2) A person may give notice to the court or the Registrar of his opposition to an amendment proposed 
by the proprietor of the patent under this section, and if he does so the court or the Registrar shall 
notify the proprietor and consider the opposition in deciding whether the amendment or any 
amendment should be allowed.    (3) An amendment of a specification of a patent unde r this section shall have effect and be deemed 
always to have had effect from the grant of the patent.   
 (4) Where an application for an order under this secti on is made to the court, the applicant shall notify 
the Registrar, who shall be entitled to appear and be h eard and shall appear if so directed by the court.   
 [UK Patents 1977, s. 75]   
 
Amendments of applications and patents not to include added matter 
84.—(1) An application for a patent which —  
 
(a) is made in respect of matter disclosed in an earlier application, or in the specification of a 
patent which has been granted; and   (b) discloses additional matter, that is, matter ex tending beyond that disclosed in the earlier 
application made under this Act or in the a pplication made under the United Kingdom Patents 
Act 1977 or the application under the European  Patent Convention designating the United 
Kingdom filed at the European Patent Office from which the filing date and right of priority is 
sought to be derived, as filed, or the application for the patent, as filed,   
may be filed under section 20 (3) or 47 (4) or secti on 116 (6) of the Patents Act (Cap. 221, 1995 Ed.), 
or as mentioned in section 26 (11), but shall not be allowed to proceed unless it is amended so as to 
exclude the additional matter.   
 (1A)   Where, in relation to an application for a patent —   
(a)  the documents filed at the Registry  to initiate the application contain —  
  IP/N/1/SGP/P/1/Rev.1 
 Page 79 
 
 
  (i)  a reference to an earlier relevant a pplication specified in a declaration under 
section 17 (2) made in or in connec tion with the application; and  
 (ii)  a statement referred to in section 26 (1) (c) (ii) (C); and  
 
(b)  the description filed under section 26 (7) (b) discloses additional matter, that is, matter 
extending beyond that disclosed in the earlier relevant application,   
the application shall not be allowed to proceed unless it is amended to exclude the additional matter.   
 
(2) No amendment of an application for a patent shall be allowed under section 31 if it results in the 
application disclosing any matter extending beyond th at disclosed in the application as filed.   
 (3) No amendment of the specification of a patent shall be allowed under section 38 (1), 81 or 83 if 
it —  
 
(a) results in the specification disclosing any additional matter; or  
 
(b) extends the protection conferred by the patent.  
 
[UK Patents 1977, s. 76]   
 
(4)   In subsection (1A), “relevant application”  has the same meaning as in section 17 (5).   
  
PART XVI 
 
INTERNATIONAL APPLIC ATIONS FOR PATENTS 
 
Effect of filing international application for patent 
85.—(1) An international application for a patent (Singapore) for which a date of filing has been 
accorded under the Patent Co-operation Treaty shall, subject to sections 86 and 87, be treated for the 
purposes of this Act as an application for a patent under this Act.   
 
(2) If the application, or the designation of Singapore in it, is withdrawn or (except as mentioned in 
subsection (3)) deemed to be withdrawn under the Pa tent Co-operation Treaty, it shall be treated as 
withdrawn under this Act.    (3) An application shall not be treated as withdr awn under this Act if it, or the designation of 
Singapore in it, is deemed to be withdr awn under the Patent Co-operation Treaty —  
 
(a) because of an error or omission in an institution having functions under the Treaty; or  
 
(b) because, owing to circumstances outside the a pplicant’s control, a copy of the application 
was not received by the International Bureau before the end of the time limited for that 
purpose under the Treaty; or  
 
(c) in such other circumstances as may be prescribed.  
 (4) If an international application for a patent which designates Singapore is refused a filing date 
under the Patent Co-operation Treaty and the Registrar determines that the refusal was caused by an 
error or omission in an institution having functio ns under that Treaty, he may direct that the IP/N/1/SGP/P/1/Rev.1 
Page 80  
 
  application shall be treated as an application unde r this Act, having such date of filing as he may 
direct.    (5) The Registry shall act as a receiving Office under  Article 2 of the Patent Co-operation Treaty in 
respect of international applications filed by citizen s of Singapore or persons resident in Singapore.   
 
(6) The prescribed transmittal fee, in addition to  the fees prescribed by the Patent Co-operation 
Treaty, shall be paid to the Registry by any pe rson filing an international application under that 
Treaty.    [UK Patents 1977, s. 89]   
 
International and national phases of application 
86.—(1) The provisions of the Patent Co-operation Treaty relating to publication, search, examination 
and amendment, and not those of this Act, shall a pply to an international application for a patent 
(Singapore) during the international phase of the application.   
 (2) The international phase of the application means the period from the filing of the application in 
accordance with the Patent Co-operation Treaty until the national phase of the application begins.   
 (3)   The national phase of the application begins —  
 
(a)  when the prescribed period expires, provided —  
 
(i)  where the application has been pub lished in accordance with the Patent Co-
operation Treaty in a language other than E nglish, and the application is not in 
English, an English translation of the application has been filed at the Registry; and  
 
(ii)  the prescribed fee has been paid,  
 
by the applicant; or  
 
(b)  when the applicant expressly requests the Registrar to proceed earlier with the national 
phase of the application, pays the prescribed fee and complies with any of the following sub-
paragraphs which is applicable:  
 
(i)  where, at the time of the request, the application has not been published in 
accordance with the Patent Co-operation Treaty, file at the Registry —  
 
(A)  a copy of the application; and  
 
(B)  if the copy is not in English, an English translation of the application;  
 
(ii)  where, at the time of the requ est, the application has been published in 
accordance with the Patent Co-operation Treat y in a language other than English, and 
the application is not in English, file at the Registry an English translation of the 
application.  
 
(4) Deleted by Act 2/2007, wef 01/04/2007.  
 (5) If the prescribed period expires without the conditions mentioned in subsection (3) (a) being 
satisfied, the application shall be  taken to be withdrawn.   
  IP/N/1/SGP/P/1/Rev.1 
 Page 81 
 
 
  (6)   Where, during the international phase, the a pplication is amended in accordance with the Patent 
Co-operation Treaty, the amendment shall be tr eated as made under this Act if, and shall be 
disregarded unless —   
(a)  when the prescribed period expires, where —  
 
(i)  the amendment is not in English; and  
 
(ii)  if any copy of the amendment h as been communicated to the Registry in 
accordance with the Treaty, th at copy is in a language other than English,  
 
an English translation of the amendment has been filed at the Registry; or  
 
(b)  where the applicant expressly requests the Registrar to proceed earlier with the national 
phase of the application, there is then filed at the Registry —  
 
(i)  a copy of the amendment, if none has been communicated to the Registry in 
accordance with the Treaty; and  
 
(ii)  an English translation of the amendment, if —  
 
(A)  the amendment is not in English; and  
 
(B)  where any copy of the amendm ent has been communicated to the 
Registry in accordance with the Treaty, th at copy is in a language other than 
English.  
 
(7) The Registrar shall on payment of the prescribed fee publish any translation filed at the Registry 
under subsection (3) or (6).    
[UK Patents 1977, s. 89A]   
 
Adaptation of provisions in relation to international application 
87.—(1) Where an international application for a pa tent (Singapore) is accorded a filing date under 
the Patent Co-operation Treaty —   
(a) that date or, if the application is re-dated  under the Treaty to a later date, that later date 
shall be treated as the date of filing the application under this Act;  
 
(b) any declaration of priority made under the Treaty shall be treated as made under section 17 (2), and where in accordance with the Treaty any extra days are allowed, the period 
of 12 months referred to in section 17 (2A) (a) shall be treated as altered accordingly; and  
 
(c) any statement of the name of the inventor under the Treaty shall be treated as a statement 
filed under section 24 (2).  
 (2) If the application, not having been published unde r this Act, is published in accordance with the 
Patent Co-operation Treaty, it shall be treat ed, for purposes other than those mentioned in 
subsection (3), as published under section 27 when the national phase of the application begins or, if 
later, when published in accordance with the Treaty.    (3) For the purposes of sections 56 and 76, the appl ication, not having been published under this Act, 
shall be treated as published under section 27 —  IP/N/1/SGP/P/1/Rev.1 
Page 82  
 
   
(a) if it is published in accordance with the Pate nt Co-operation Treaty in English, on its being 
so published; and   (b) if it is so published in a language other than English —  
 
(i) on the publication of an English transla tion of the application in accordance with 
section 86 (7); or  
 
(ii) on the service by the applicant of an English translation of the specification of the 
application on the Government departme nt concerned or, as the case may be, on the 
person committing the infringing act.    
 
[19/2004] 
 (4) The reference in subsection (3) (b) (ii) to the service of an English translation on a Government 
department or other person is to its being sent by po st or delivered to that department or person.   
 (5) During the international phase of the application, section 20 does not apply (determination of 
questions of entitlement in relation to  application under this Act); but after the end of the international 
phase section 20 shall apply.   
 
[UK Patents 1977, s. 89B]   
 
Evidence of Patent Co-operation Treaty and its instruments 
88.—(1) Judicial notice shall be taken of the Pate nt Co-operation Treaty and any Gazette, bulletin or 
journal published under the Treaty.   
 (2) Any such document mentioned in subsection (1) sh all be admissible as evidence of any instrument 
or other act thereby communicated of any in stitution having functions under the Treaty.   
 (3) Evidence of any instrument issued under the Pa tent Co-operation Treaty by any institution or of 
any document in the custody of any institution or re producing in legible form any information in such 
custody otherwise than in legible form, or any entr y or extract from such a document, may be given in 
any legal proceedings by production of a copy cer tified as a true copy by an official of that 
institution.    
(4) Any document purporting to be such a copy as is  specified by subsection (3) shall be received in 
evidence without proof of the official position or handwriting of the person signing the certificate.    (5) Evidence of any instrument mentioned in su bsection (3) may also be given in any legal 
proceedings —   
(a) by production of a copy purporting to be printed by the Government Printers; or  
 
(b) where the instrument is in the custody of  a Government department, by production of a 
copy certified on behalf of the department to be a true copy by an officer of the department 
generally or specially authorised to do so.  
 
(6) Any document purporting to be such a copy as is mentioned in subsection (5) (b) of an instrument 
in the custody of a Government department shall be  received in evidence without proof of the official 
position or handwriting of the person signing the certifi cate, or of his authority to do so, or of the 
document being in the custody of the department.    IP/N/1/SGP/P/1/Rev.1 
 Page 83 
 
 
   
(7) In this section, “legal proceedings” includes proceedings  before the Registrar.   
 
[UK Patents 1977, s. 91]   
  
PART XVII 
 
LEGAL PROCEEDINGS 
 
Proceedings before court or Registrar 
89.—(1) Any proceedings before the court relating to patents and other matters under this Act shall be 
dealt with by a judge sitting alone or, if he thinks fit, with one or more scientific advisers selected by 
the judge from the panel appointed under subsection (2).   
 (2) Rules under this Act may make provision for th e appointment of a panel of scientific advisers to 
assist the court and the Registrar in proceedings under  this Act, for regulating the functions of such 
advisers and for remunerating such advisers.   
 
Appeals from Registrar 
90.—(1) An appeal shall lie to the court from any d ecision of the Registrar under this Act or the rules 
except any of the following decisions:   
(a) a decision falling within section 25 (7);  
 
(b) a decision under section 27 (3) to omit any matter from a specification;  
 
(c) a decision to give directions under section 33 (1) or (2);  
 
(d) a decision under the rules which is excep ted by the rules from the right of appeal 
conferred by this section.  
 (2) For the purpose of hearing app eals under this section, the court ma y consist of one or more judges 
of the court in accordance with directions give n by or on behalf of the Chief Justice.   
 
(3) An appeal shall not lie to the Court of A ppeal from a decision of the court on appeal from a 
decision of the Registrar under this Act or the rules —   
(a) except where the decision of the Registrar was given under section 20, 38, 47, 67, 80, 81 or 83; or  
 
(b) except where the ground of appeal is that the decision of the court is wrong in law,  
 but an appeal shall only lie to the Court of Appeal under this section if leave to appeal is given by the court or the Court of Appeal.   
 
[UK Patents 1977, s. 97]   
 
General powers of court 
91.—(1) The court may, for the purpose of determining any question in the exercise of its original or 
appellate jurisdiction under this Ac t, make any order or exercise any other power which the Registrar 
could have made or exercised for the pur pose of determining that question.   IP/N/1/SGP/P/1/Rev.1 
Page 84  
 
  (2) In all proceedings before the court under this Act, the costs of the Registrar shall be in the 
discretion of the court, but the Registrar shall not be ordered to pay the costs of any other of the parties.    
[UK Patents 1977, s. 99]   
 
Exercise of Registrar’s discretionary powers 
92.—Without prejudice to any rule of law, the Regist rar shall give any party to a proceeding before 
him an opportunity of being heard before exercising adversely to that party any discretion vested in the Registrar by this Act or the rules.   
 
[UK Patents 1977, s. 101]  
 
Right of audience in patent proceedings 
93.—(1) Any party to any proceedings before the Registrar under this Act or any treaty to which 
Singapore is a party may appear before the Registra r in person or be represented by an advocate and 
solicitor or a registered patent agent.    
[30/2001] 
 
(2) The Government may be represented by a legal officer in any proceedings before the Registrar 
under this Act or any treaty to which Singapore is a party.    
[30/2001] 
 
(3) Without prejudice to the right of counsel to appe ar before the court, an advocate and solicitor who 
is not in actual practice shall, notwithstanding an ything in the Legal Profession Act (Cap. 161), have 
the right to appear and be heard on behalf of any party to an appeal under this Act from the Registrar 
to the court.   
 
[UK Patents 1977, s. 102]    
[30/2001] 
 
Extension of privilege for communications with  solicitors relating to patent proceedings 
94.—(1) It is hereby declared that the rule of la w which confers privilege from disclosure in legal 
proceedings in respect of communications made w ith an advocate and solicitor or a person acting on 
his behalf, or in relation to information obtaine d or supplied for submission to an advocate and 
solicitor or a person acting on his behalf, for the pur pose of any pending or contemplated proceedings 
before a court in Singapore extends to such comm unications so made for the purpose of any pending 
or contemplated proceedings before the Registrar under this Act.   
 (2) In this section, “legal proceedings” includes pr oceedings before the Registrar; and references to 
“legal proceedings” and “pending or contemplated pr oceedings” include references to applications for 
a patent and to international applications for a patent.   
 [UK Patents 1977, s. 103]   
 
Privilege for communications with patent agents 
95.—(1) A communication with respect to any matter relating to patents —  
 
(a) between a person and a registered patent agent, a partnership entitled under Part XIX to 
describe itself as a firm of patent agents or a body corporate entitled under Part XIX to describe itself as a patent agent; or    IP/N/1/SGP/P/1/Rev.1 
 Page 85 
 
 
  (b) for the purpose of obtaining, or in response to a request for, information which a person is 
seeking for the purpose of instructing his patent agent,   
is privileged from disclosure in legal proceedings  in Singapore in the same way as a communication 
between a person and his solicitor or, as the cas e may be, a communication for the purpose of 
obtaining, or in response to a request for, in formation which a person seeks for the purpose of 
instructing his solicitor.    (2) In this section, “legal proceedings” includes proceedings  before the Registrar.   
 [UK Patents 1977, s. 280]   
 
Costs and expenses in proceedings before Registrar 
96.—(1) The Registrar may, in proceedings before him under this Act, by order award to any party 
such costs as he may consider reasonable and direct how and by what parties they are to be paid.   
 
(2) Any costs awarded under this section shall, if a Dist rict Court or a Magistrate’s Court so orders, be 
recoverable by execution issued from that Court or ot herwise as if they were payable under an order 
of that Court.    (3) If any person by whom —  
 
(a) a reference is made to the Registrar under section 20 or 47;  
 
(b) an application is made to the Regist rar for the revocation of a patent; or  
 
(c) notice of opposition is given to the Registrar under section 38 (4), 40 (2), 54 (7) or 107 
(2),  
 neither resides nor carries on business in Singapore, th e Registrar may require him to give security for 
the costs or expenses of the proceedings and in de fault of such security being given may treat the 
reference, application or notice as abandoned.   
 
[UK Patents 1977, s. 107]    
[40/95] 
 
Licences granted by order of Registrar 
97.—Any order by the Registrar for the grant of a licence under this Act shall, without prejudice to 
any other method of enforcement, have effect as if  it were a deed, executed by the proprietor of the 
patent and all other necessary parties, granti ng a licence in accordance with the order.   
 
[UK Patents 1977, s. 108]  
  
PART XVIII 
 
OFFENCES 
 
Falsification of register, etc. 
98.—If a person makes or causes to be  made a false entry in any register kept under this Act, or a 
writing falsely purporting to be a copy or reproduction of an entry in any such register, or produces or 
tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or IP/N/1/SGP/P/1/Rev.1 
Page 86  
 
  writing to be false, he shall be guilty of an offe nce and shall be liable on conviction to a fine not 
exceeding $5,000 or to imprisonment for a term  not exceeding 12 months or to both.   
 
[UK Patents 1977, s. 109]  
 
Unauthorised claim of patent rights 
99.—(1) If a person falsely represents that anything disposed of by him for value is a patented 
product, he shall, subject to this section, be guilty of an offence and shall be liable on conviction to a 
fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.   
 
(2) For the purposes of subsection (1), a person who for value disposes of an article having stamped, 
engraved or impressed on it or otherwise applied to it the word “patent” or “patented” or anything 
expressing or implying that the article is a patented product, shall be taken to represent that the article 
is a patented product.    
(3) Subsection (1) shall not apply where the represen tation is made in respect of a product after the 
patent for that product or, as the case may be, the pr ocess in question has expired or been revoked and 
before the end of a period which is reasonably suffici ent to enable the accused to take steps to ensure 
that the representation is not made or does not continue to be made.    (4) In proceedings for an offence under this section, it shall be a defence for the accused to prove that 
he used due diligence to prevent th e commission of the offence.   
 
[UK Patents 1977, s. 110]   
 
Unauthorised claim that patent has been applied for 
100.—(1) If a person represents that a patent has been a pplied for in respect of any article disposed of 
for value by him and —   
(a) no such application has been made; or  
 
(b) any such application has been refused, w ithdrawn or treated as having been abandoned,  
 
he shall, subject to this section, be guilty of an offence and shall be liable on conviction to a fine not 
exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.    (2) Subsection (1) (b) shall not apply where the representation is  made or continues to be made before 
the expiry of a period which commences with the refusal, withdrawal or abandonment and which is 
reasonably sufficient to enable the accused to take st eps to ensure that the representation is not made 
or does not continue to be made.    (3) For the purpose of subsection (1), a person who for value disposes of an article having stamped, 
engraved or impressed on it or otherwise applied to it the words “patent a pplied for” or “patent 
pending”, or anything expressing or implying that a patent has been applied for in respect of the 
article, shall be taken to represent that a patent  has been applied for in respect of it.   
 (4) In any proceedings for an offe nce under this section, it shall be a defence for the accused to prove 
that he used due diligence to preven t the commission of the offence.   
 
[UK Patents 1977, s. 111]   
  IP/N/1/SGP/P/1/Rev.1 
 Page 87 
 
 
  Misuse of title “Registry of Patents” 
101.—If any person uses on his place of business, or on any document issued by him, or otherwise, 
the words “Registry of Patents” or any other words suggesting that his place of business is, or is 
officially connected with, the Registry of Patents, he shall be guilty of an offence and shall be liable 
on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months 
or to both.   
 
[UK Patents 1977, s. 112]  
 
Offences by corporations and partnerships 
102.—(1) Where an offence under this Act which h as been committed by a body corporate is proved 
to have been committed with the consent or connivan ce of, or to be attributable to any neglect on the 
part of, a director, manager, secretary or any simila r officer of the body corporate, or any person who 
was purporting to act in any such capacity, he, as we ll as the body corporate, shall be guilty of that 
offence and shall be liable to be proceed ed against and punished accordingly.   
 
(2) Where the affairs of a body corporate are manage d by its members, subsection (1) shall apply in 
relation to the acts and defaults of a member in c onnection with his functions of management as if he 
were a director of the body corporate.    (3) Proceedings for an offence under this Act allege d to have been committed by a partnership shall 
be brought in the name of the partnership and not in that of the partners; but without prejudice to any 
liability of the partners under subsection (5).    (4) A fine imposed on a partnership on its conviction in such proceedings shall be paid out of the 
partnership assets.   
 
(5) Where a partnership is guilty of an offence under this Act, every partner, other than a partner who 
is proved to have been ignorant of or to have atte mpted to prevent the commi ssion of the offence, is 
also guilty of the offence and liable to be pr oceeded against and punished accordingly.   
 
[UK Patents 1977, ss. 113 and 285]   
 
Composition of offences 
103.—(1) The Registrar or any person authorised by him in writing may, in his discretion, compound 
any offence under this Act which is prescribed as a compoundable offence by collecting from a 
person reasonably suspected of ha ving committed the offence a sum of money not exceeding $2,000.   
 
[3/2001] 
 
(2) The Office may, with the approval of the Mini ster, make regulations to prescribe the offences 
which may be compounded.     
[3/2001] 
 
(3) On payment of such sum of money, no further proceedings shall be taken against such person in 
respect of the offence.     
[3/2001] 
 
(4) All sums collected under this section shall be paid into the funds of the Office.    
 
[3/2001] IP/N/1/SGP/P/1/Rev.1 
Page 88  
 
  PART XIX 
 
PATENT AGENTS 
 
Registration of patent agents 
104.—(1) The Minister may make rules for the registration of individuals as patent agents.   
 
[30/2001] 
 
(2) Without prejudice to the generality of subsection (1), the rules may provide —  
 
(a) for the keeping, by such person as the Minist er may determine, of a register of patent 
agents;  
 
(b) for the form and manner of application for re gistration as a patent agent, the qualifications 
and other requirements for registration, the fees payable for registration, and the conditions of 
registration;  
 
(c) for the issue of practising certificates to registered patent agents;  
 
(d) for the correction of errors and updating of en tries in the register of patent agents; and  
 
(e) for transitional matters in relation to the re gistration of individuals as patent agents, and 
exclude or vary the operation of this Act in relation to such transitional matters.    
 
[30/2001] 
 
(3) The rules may make provision to regulate the pr ofessional conduct of registered patent agents and 
their practice and, for that purpose, may make pr ovision for and in relation to all or any of the 
following:  
 
(a) making complaints against registered pate nt agents and hearing and deciding upon such 
complaints;  
 
(b) imposing penalties on registered patent agents, including issuing a reprimand, and 
suspending or cancelling registration;  
 
(c) summoning witnesses;  
 
(d) receiving evidence from persons on oath or affirmation;  
 
(e) administering oaths or affirma tions to persons giving evidence;  
 
(f) requiring persons to produce documents or articles;  
 
(g) restoring any registration that has been  cancelled and lifting the suspension imposed on 
any registration.   
 
[30/2001] 
  IP/N/1/SGP/P/1/Rev.1 
 Page 89 
 
 
  (4) The rules may provide that a contravention of  the rules shall be an offence and may provide 
penalties not exceeding a fine of $5,000 or imprisonment for a term not exceeding 12 months or to both.    
[UK Patents 1977, s. 275]    
[30/2001] 
 
Persons entitled to act as patent agents, etc. 
105.—(1) An individual shall not carry  on a business, practise or act as a patent agent unless he is a 
registered patent agent, or an advocate and solicito r, who has in force a practising certificate.    
 
[30/2001] 
 
(2) A partnership shall not carry on a business, practise or act as patent agents unless at least one partner is a registered patent agent, or an a dvocate and solicitor, who has in force a practising 
certificate.    
[30/2001] 
 
(3) A body corporate shall not carry on a business, prac tise or act as a patent agent unless at least one 
director is a registered patent agent, or an advocate and solicitor, who has in force a practising 
certificate.    
[30/2001] 
 
(4) For the purposes of this section, a person is taken to carry on a business, practise or act as a patent 
agent if, and only if, the person does, or undertakes to do, on behalf of someone else, any of the following in Singapore for gain:  
 
(a) applying for or obtaining patents in Singapore or anywhere else;  
 
(b) preparing specifications or other documents for the purposes of this Act or the patent law of another country; or  
 
(c) giving advice (other than advice of a scientific or technical nature) about the validity, or 
infringement, of patents.    
[30/2001] 
 
(5) An individual shall not —  
 
(a) carry on a business under any name or other description which contains the words “patent 
agent”; or  
 
(b) in the course of a business otherwise describe himself, hold himself out or permit himself to be described or held out as a “patent agent”,  
 
unless he is a registered patent agent who has in force a practising certificate.     
[30/2001] 
 (6) A partnership shall not —  
 
(a) carry on a business under any name or other description which contains the words “patent 
agent”; or  IP/N/1/SGP/P/1/Rev.1 
Page 90  
 
  (b) in the course of a business ot herwise describe itself, hold itself out or permit itself to be 
described or held out as a firm of “patent agents”,   
unless at least one partner is a registered patent agent who has in force a practising certificate.     
[30/2001] 
 
(7) A body corporate shall not —   
(a) carry on a business under any name or other description which contains the words “patent 
agent”; or  
 
(b) in the course of a business ot herwise describe itself, hold itself out or permit itself to be 
described or held out as a “patent agent”,  
 
unless at least one director is a registered patent agent who has in force a practising certificate.    
 
[30/2001] 
 
(8) Any person who contravenes this section shall be  guilty of an offence and shall be liable on 
conviction to a fine not exceeding $5,000 or to im prisonment for a term not exceeding 12 months or 
to both.    
[30/2001] 
 
(9) Where subsection (5), (6) or (7) would be contra vened by the use of the words “patent agent” in 
reference to an individual, partnership or body corp orate, it is equally contravened by the use of the 
expression “patent attorney” in reference to that pe rson, or his business or place of business, or any 
other expression in reference thereto which is likel y to be understood as indicating that he is entitled 
to be described as a “patent agent”.    
[30/2001] 
 
(10)   Where an individual’s employer does not carry on a business, practise or act as a patent agent, 
the individual does not contravene subsection (1) in respect of anything done, or undertaken to be 
done, by the individual for his employer in his capacity as employee of his employer.    (10A)   Where —   
(a)  an individual’s employer is a member of a related company group;  
 
(b)  the individual’s employer does not carry on a business, practise or act as a patent agent; and  
 
(c)  any other member of the related company group does not carry on a business, practise or 
act as a patent agent,  
 the individual does not contravene subsection (1) in respect of anything done, or undertaken to be done, by the individual for that other member of the related company group in his capacity as employee of his employer.   
 
(11) A legal officer does not commit an offence agains t subsection (1) in respect of anything done, or 
undertaken to be done, by him on be half of the Government.    
 
[30/2001]  IP/N/1/SGP/P/1/Rev.1 
 Page 91 
 
 
  (12) A body corporate that is a member of a related company group does not contravene 
subsection (3) in respect of anything done, or undertaken to be done, by the body corporate for another member of the group.    
[30/2001] 
 (13) This section shall not be construed as prohib iting an advocate and solicitor from taking part in 
proceedings relating to patents and applications for patents and, in particular, shall not derogate from 
section 93 as it applies to advocates and solicitors.    
[30/2001] 
 (14) No offence is committed under section 33 of the Legal Profession Act (Cap. 161) by any person 
by reason only of the preparation by him of a docum ent (other than a deed) for use in proceedings 
before the Registrar in relation to any pa tent or application for a patent.    
[30/2001] 
 (15) In this section —  
 
"director" , in relation to a body corporate who se affairs are managed by its members, means 
any member of the body corporate;  
 
"practising certificate" means —    
 
(a) in relation to a registered patent agent, a practising certificate issued to him under rules made under section 104; or  
 
(b) in relation to an advocate and solicitor, a practising certificate issued to him under 
section 25 of the Legal Profession Act; and  
 
"related company group" means a group of 2 or more corporations within the meaning of the Companies Act (Cap. 50) which are related to each other in accordance with section 6 of that 
Act.  
 [Aust. Patents 1990, s. 201]    
[30/2001] 
 
 
PART XX 
 
MISCELLANEOUS AND GENERAL 
 
Immunity of Office, its officers and Examiners 
106.—The Office, any officer of the Registry and any Examiner shall not —  
 
(a) be taken to warrant the validity of any patent  granted under this Act or any treaty to which 
Singapore is a party;  
 
(b) incur any liability by reason of or in conn ection with any examination or investigation 
required or authorised by this Act or any such treaty or any report or other proceedings 
consequent on any such examination or investigation; or  
 IP/N/1/SGP/P/1/Rev.1 
Page 92  
 
  (c) incur any liability by reason of an incorrect  entry in the register of patent agents 
maintained under Part XIX.   
[UK Patents 1977, s. 116]    
[3/2001] 
 
Correction of errors in patents and applications 
107.—(1) The Registrar may, subject to any provision of  the rules, correct any error of translation or 
transcription, clerical error or mistake in any specification of a patent or application for a patent or any document filed in connection with a patent or such an application.   
 
(2) Where the Registrar is requested to correct such an error or mistake, any person may in 
accordance with the ru les give the Registrar notice of opposition to the request and the Registrar shall 
determine the matter.    [UK Patents 1977, s. 117]   
 
Information about patent applications a nd patents, and inspection of documents 
108.—(1) After publication of an application for a pa tent in accordance with section 27, the Registrar 
shall, on request being made to him in the prescrib ed manner and on payment of the prescribed fee (if 
any), give the person making the request such inform ation, and permit him to inspect such documents, 
relating to the application or to any patent grante d in pursuance of the application as may be specified 
in the request, subject, however, to any prescribed restriction.    (2) Subject to this section, until an application for a patent is so published, documents or information 
constituting or relating to the application shall not, w ithout the consent of the applicant, be published 
or communicated to any person by the Registrar.   
 (3) Subsection (2) shall not prevent —   
(a) the Registrar from publishing or communicati ng to others any bibliographic information 
about an unpublished application for a patent; or  
 
(b) the Minister from inspecting or authorising th e inspection of an application for a patent or 
any connected document under section 33 (5).  
 (4) Where a person is notified that an application for a patent has been made, but not published in 
accordance with section 27, and that the applicant will,  if the patent is granted, bring proceedings 
against that person in the event of his doing an act specified in the notification after the application is 
so published, that person may make a request under subsection (1), notwithstanding that the 
application has not been published, and th at subsection shall apply accordingly.   
 (5) Where an application for a patent is filed, but  not published, and a new application is filed in 
respect of any part of the subject-matter of the ear lier application (either in  accordance with the rules 
or in pursuance of an order under section 20) and is  published, any person may make a request under 
subsection (1) relating to the earlier application an d on payment of the prescribed fee the Registrar 
shall give him such information and permit him to inspect such documents as could have been given 
or inspected if the earlier application had been published.   
  IP/N/1/SGP/P/1/Rev.1 
 Page 93 
 
 
  (6) The publication of the whole or part of a specifi cation of a patent or an application for a patent 
shall not constitute an infringement of any copyrigh t subsisting under the Copyright Act (Cap. 63) in 
any literary or artistic work.    
[UK Patents 1977, s. 118; Aust. Patents 1990, s. 226]   
 
Service by post 
109.—Any notice required or authorised to be given by this Act or the rules, and any application or 
other document so authorised or requi red to be made or filed, may be given, made or filed by post.   
 [UK Patents 1977, s. 119]  
 
Extension of time 
110.—(1) The Minister may, after consulting with the Office, make rules to provide for the extension 
of any period of time specified for the doing of any act in relation to —  
 
(a) any application for or grant of a patent;  
 
(b) any proceedings before the Registrar under this Act or the rules; or  
 
(c) any other matter under this Act or the rules.    
[19/2004] 
 
(2) The rules may contain such provision as the Mini ster thinks fit regulating the circumstances in 
which such an extension may be granted and may al so provide for the protection and compensation of 
persons affected by the grant of extension of time and may authorise the Registrar to grant an 
extension of time notwithstanding that the period has already expired.   
 
Hours of business and excluded days 
111.—(1) The Registrar may issue practice directions to specify —  
 
(a) the hours of business of the Registry; and  
 
(b) the days which are to be treated as excluded days.    
[19/2004] 
 
(2) The Minister may prescribe the effect of doing any business under this Act —  
 
(a) on any day after the hours of business of the Registry; or  
 
(b) on any day which is an excluded day.   
[19/2004] 
 (3) For the purposes of subsections (1) and (2) —  
 
(a) different hours of business may be speci fied for different classes of business;  
 
(b) different excluded days may be specified for different classes of business; and  
 
(c) different effects of doing business —  
 
(i) outside the hours of business of the Registry; or   IP/N/1/SGP/P/1/Rev.1 
Page 94  
 
  (ii) on an excluded day,  
 
may be prescribed for different classes of business.  
 
[UK Patents 1977, s. 120]    
[19/2004] 
 
Government’s right to sell forfeited articles 
112.—Nothing in this Act shall affect the right of the Government or any person deriving title, 
directly or indirectly, from the Government to di spose of or use articles forfeited under the laws 
relating to customs or excise.   
 
[UK Patents 1977, s. 122]  
 
Extent of invention 
113.—(1) For the purposes of this Act, an invention for a patent for which an application has been 
made or for which a patent has been granted shall,  unless the context otherwise requires, be taken to 
be that specified in a claim of the specification of the application or patent, as the case may be, as 
interpreted by the description and  any drawings cont ained in that specification, and the extent of the 
protection conferred by a patent or application fo r a patent shall be determined accordingly.   
 
(2) It is hereby declared for the avoidance of doubt that where more than one invention is specified in 
any such claim, each invention may have a di fferent priority date under section 17.   
 
[UK Patents 1977, s. 125]   
 
Availability of samples of micro-organisms 
114.—(1) Provision may be made by rules prescribi ng the circumstances in which the specification of 
an application for a patent, or of a patent, for an  invention which requires for its performance the use 
of a micro-organism is to be treated as disclosi ng the invention in a manner which is clear enough and 
complete enough for the invention to be perfo rmed by a person skilled in the art.   
 
(2) The rules may in particular require the applicant or patentee —  
 
(a) to take such steps as may be prescribed for the purposes of making available to the public 
samples of the micro-organism; and  
 
(b) not to impose or maintain restrictions on the uses to which such samples may be put, 
except as may be prescribed.  
 (3) The rules may provide that, in such cases as may be prescribed, samples need only be made 
available to such persons or descripti ons of persons as may be prescribed.   
 
(4) The rules may identify a description of persons by  reference to whether the Registrar has given his 
certificate as to any matter.    (5) An application for revocation of the patent under section 80 (1) (c) may be made if any of the 
requirements of the rules ceases to be complied with.   
 
[UK Patents 1977, s. 125A]   
  IP/N/1/SGP/P/1/Rev.1 
 Page 95 
 
 
  Rules 
115.—(1) The Minister may, after consulting with the Office, make such rules as he thinks expedient 
for regulating the business of the Registry in relation to patents and applications  for patents (including 
international applications for patents) and for regulating all matters placed by this Act under the 
direction or control of the Registrar.    
[3/2001] 
 
(2) Without prejudice to the generality of sub section (1), the rules may make provision —  
 
(a) prescribing the contents of applications for patents and other documents which may be 
filed at the Registry and requiring copies to be furnished of any such documents;  
 
(b) regulating the procedure to be followed in connection with any proceeding or other matter 
before the Registrar or the Registry and author ising the rectification of irregularities of the 
procedure;  
 
(c) requiring fees to be paid in connection with any such proceeding or matter or in 
connection with the provision of any service by the Registry and providing for the remission of fees in the prescribed circumstances;  
 
(d) regulating the mode of giving evidence in any such proceeding and empowering the 
Registrar to compel the attendance of witn esses and the discovery of and production of 
documents;  
 
(e) requiring the Registrar to publish any prop osed amendment of patents and any other 
prescribed matters including any prescribed  steps in any such proceeding;  
 
(f) providing for the appointment of scientific advi sers to assist the court and the Registrar in 
any proceeding before it or him and for the remuneration of such advisers;  
 
(g) prescribing time limits for doing anything requi red to be done in connection with any such 
proceeding by this Act or the rules;  
 
(h) giving effect to the right of an inventor of an invention to be mentioned in an application 
for a patent for the invention;  
 
(i) providing for the publication and sale of documents in the Registry and of information 
about such documents;  
 
(j) prescribing, in relation to international app lications, matters necessary or convenient to be 
prescribed for carrying out or giving effect  to the Patent Co-operation Treaty;  
 
(k) excluding or varying the operation of the provi sions of this Act in relation to international 
applications and applications fo r patents made under section 117;  
 
(l) requiring and regulating the translation of documents in connection with any application 
for a patent and the filing and authentication of any such translations;  
 
(m) prescribing the scale of costs for proceedings before the Registrar; and  
 
(n) prescribing anything that is required or pe rmitted to be prescribed under this Act.    
 
[30/2001;19/2004] IP/N/1/SGP/P/1/Rev.1 
Page 96  
 
   
(3) The rules may make different provisions for different cases.    (4) The rules shall provide for the publication by the Registrar of a journal (referred to in this Act as 
the journal) containing particulars of applications fo r and grants of patents, particulars of application 
for and the registration of patent agents, a nd of other proceedings under this Act.   
 (5) The rules may require or authorise the Regist rar to make arrangements for the publication of 
reports of cases relating to patents decided by him or by any court or body whether in Singapore or 
elsewhere.   
 
[UK Patents 1977, s. 123]   
 
Forms and directions of Registrar 
115A. —The Minister may make rules for the publication by the Registrar of —  
 
(a) the forms to be used for any purpose relating to —  
 
(i) any application for or grant of a patent;  
 
(ii) any proceedings before the Registrar under this Act or the rules; or  
 
(iii) any other matter under this Act or the rules; and  
 
(b) the practice directions issued by the Registrar.    
 
[19/2004] 
 
Fees to be paid to Office 
116.—(1) All fees collected in connection with any pr oceedings or other matter before the Registrar 
or the Registry, or in connection with the provision of any service by the Registry, shall be paid into 
the funds of the Office.    
 
[3/2001] 
 
(2) Subsection (1) shall not apply to fees paid under section 85 whic h are to be forwarded to the 
International Bureau.    
 
[3/2001] 
 
Transitional provisions 
117.—(1) Where an application has been made under s ection 3 of the repealed Registration of United 
Kingdom Patents Act (Cap. 271, 1985 Ed.) before 23rd February 1995, the Registrar may issue a 
certificate of registration under section 5 of that Act after that date as if that Act had not been 
repealed.    (2) Where a patent has been granted under the United Kingdom Patents Act 1977 not earlier than 36 
months before, or not later than 12 months after, 23rd February 1995, the proprietor of the patent may, 
within a period of 24 months from that date, make an  application for a certificate of registration and 
the Registrar may issue a certificate on such app lication as if the Registration of United Kingdom 
Patents Act had not been repealed.     IP/N/1/SGP/P/1/Rev.1 
 Page 97 
 
 
  (3) Any certificate of registration issued under sec tion 5 of the repealed Registration of United 
Kingdom Patents Act and is in force immediately before  23rd February 1995, or issued after that date 
by virtue of subsection (1) or (2) shall continue in  force and the patent to which the certificate relates 
shall be treated for the purposes of this Act as if it were a patent under this Act granted in pursuance 
of an application made under this Act and the proprie tor of the patent shall ac cordingly have the same 
rights, remedies, privileges and obligations and subj ect to the same conditions (including the payment 
of any fee prescribed under section 36), as the proprie tor of a patent under this Act subject to the 
following modifications:   
(a) the term of the patent shall date from the date of the patent in the United Kingdom and the 
patent shall subject to this Act remain in for ce for 20 years from that date and only so long as 
the patent has not been revoked in the United Kingdom before 17th October 2001;  
 
(b) such other modifications as may be prescribed.    
 
[30/2001] 
 
(4) A patent to which subsection (3) applies shall be treated for the purposes of sections 14 (3) and 17 
(2) as being granted on an application with a date  of filing under this Act and published under this 
Act.    
(5) The date of filing an application for a patent as  mentioned in subsection (4), and the priority date 
of an invention or other matter contained in that application, shall be determined in accordance with 
the provisions of the United Kingdom Patents Act 1949 or 1977, as the case may be.    (6) Where an act is commenced before 23rd February  1995 and continues to be done on or after that 
date, then, if it would not, under the law in fo rce immediately before that date, amount to an 
infringement of a patent or the privileges or right s arising under a specification, its continuance on or 
after that date shall not amount to the infringement of that patent or those privileges or rights.     
THE SCHEDULE 
 
Section 2 (1) 
 
SUBSTANCES WHICH ARE NOT PHARMACEUTICAL PRODUCTS 
 
1. In this Schedule, unless the context otherwise requires —  
 
"Chinese proprietary medicine" means any medicinal product in any dosage form used in the 
system of therapeutics according to the tr aditional Chinese method, that is to say, 
any medicinal product —    
 
(a) which has been manufactured as a finished product;  
 
(b) which contains one or more active ingr edients which are derived wholly from any 
plant, animal or mineral or a combinati on of plants, animals or minerals; and  
 (c) which is, or all of the active ingredient s of which are, described in the current 
edition of "A Dictionary of Chinese Pharmacy" << 中药大辞典 >>, "The Chinese IP/N/1/SGP/P/1/Rev.1 
Page 98  
 
  Herbal Medicine Materia Medica" << 本草纲目 >> or such other publication as may 
be approved by the Minister, 
 
but does not include —   
(i) any medicinal product to be injected into the human body;   
(ii) any item specified in the Poisons Li st in the Schedule to the Poisons Act 
(Cap. 234); or   (iii) any medicinal product which contains as an active ingredient any chemically 
defined isolated constituent of any plant, animal or mineral or a combination of 
plants, animals or minerals;  
 
"current edition", in relation to any publi cation which describes a Chinese proprietary 
medicine, means an edition which is current at the time the Chinese proprietary medicine in 
question is sold or supplied, and includes any amendment, addition or deletion made to that 
edition of the publication up to that time;  
 
"homoeopathic medicine" means any substance used  in the system of therapeutics in which a 
disease is treated by the use of minute amounts of one or more substances capable of producing in a healthy human being symptoms si milar to those of the disease being treated;  
 
"medicated oil or balm" means any external medicated embrocation, medicated cream, 
ointment or inhalant which is used mainly for soothing purposes and which contains one or 
more of the following substances as active ingredients:    
 
(a) any essential oil;  
 
(b) any fixed oils derived from a plant;  
 
(c) methyl salicylate;  
 
(d) menthol;  
 
(e) camphor;  
 
(f) peppermint;  
 
"quasi-medicinal product" means —    
 
(a) any anti-dandruff preparation;  
 
(b) any type of medicated cosmetics for the treatment of pimples and acne, except any 
preparation containing etretinate or 13-cis-retinoic acid;  
 
(c) any medicated soap;  
 
(d) any sweet for relieving coughs or throat irritations;  
 
(e) any medicated plaster;  
  IP/N/1/SGP/P/1/Rev.1 
 Page 99 
 
 
  (f) any sunscreen or suntan preparation;  
 
(g) any medicated beverage;  
 
(h) any vitamin or nutritional preparation from a natural source; or  
 
(i) any medicated toothpaste;  
 
"traditional medicine" means any medicinal pr oduct consisting of one or more substances 
derived from natural sources, that is to say, any plant, animal or mineral or a combination of 
plants, animals or minerals, but does not include —    
 
(a) any medicinal product administered by injection into a human body;  
 
(b) any vaccine used by a human being;  
 
(c) any product derived from human blood;  
 
(d) any item specified in the Poisons Li st in the Schedule to the Poisons Act 
(Cap. 234); or  
 
(e) any Chinese proprietary medicine.  
 2. For the purposes of this Act, “pharmaceutical product” does not include —  
 
(a) any traditional medicine;  
 
(b) any homoeopathic medicine;  
 
(c) any quasi-medicinal product;  
 
(d) any raw material which is used as an ingredient in the preparation or manufacture of any 
medicinal product; or  
 
(e) any medicated oil or balm.  
 3. For the avoidance of doubt, for the purposes of th is Act, “pharmaceutical product” does not include 
any substance —  
 
(a) which is a type of food, a food additive or a food supplement; or  
 
(b) which occurs naturally in an y plant, animal or mineral.  
 
 
LEGISLATION HISTORY 
 
1. Act 21 of 1994 — Patents Act 1995 
         
Date of First Reading : 23.2.94 (B ill No. 4/94 published on 24.2.94) 
Date of Second Reading : 21.3.94 Referred to Select Committee : 22.8.94 IP/N/1/SGP/P/1/Rev.1 
Page 100  
 
  Date of Third Reading : 31.10.94 
Date of commencement : 23.2.95 (except Part XIX, section 105 (7)) 23.2.95         
2. Act 40 of 1995 — Patents (Amendment) Act 1995 
         
Date of First Reading : 27.9.95 (B ill No. 31/95 published on 28.9.95) 
Date of Second and Third Readings : 1.11.95 Date of commencement : 1.1.96          
3. Act 3 of 2001 — Intellectual Property Office of Singapore Act 
(Consequential amendments made by)  
         
Date of First Reading : 12.1.2001 (B ill No. 1/2001 published on 13.1.2001)
Date of Second and Third Readings : 22.2.2001 Date of commencement : 1.4.2001 
         
4. Act 30 of 2001 — Patents (Amendment) Act 2001 
         
Date of First Reading : 25.7.2001 (B ill No. 28/2001 published on 26.7.2001)
Date of Second and Third Readings : 13.8.2001 Date of commencement : 17.10.2001 (except sections 6 and 14) 
      2.2.2002 (section 14) 
      25.2.2002 (section 6)          
5. Act 19 of 2004 — Patents (Amendment) Act 2004 
         
Date of First Reading : 19.5.2004 (B ill No. 19/2004 published on 20.5.2004)
Date of Second and Third Readings : 15.6.2004 Date of commencement : 1.7.2004          
 
 
COMPARATIVE TABLE 
 
The following provisions in the 2002 Revised Edition of  the Patents Act have been renumbered by the 
Law Revision Commissioners in this 2005 Revised Edition.    
This Comparative Table is provided for the convenience of users. It is not part of the Patents Act.  
2005 Ed.    2002 Ed. 
2—(1), (2) and (3)    2—(1), (2) and (3) 
(4)    (3A) (5)    (4)  IP/N/1/SGP/P/1/Rev.1 
 Page 101 
 
 
  (6)    (5) 
(7)    (6) (8)    (7) 
31—(1)    31—(1) 
(2)    (1A) (3)    (2) 
55—(1), (2), (3), (4), (5) and (6)    55—(1), (2), (3), (4), (5) and (6) 
—    (7) (Deleted by Act 19/2004)  
—    (8) (Deleted by Act 19/2004)  
—    (9) (Deleted by Act 19/2004)  
(7)    (10) 
(8)    (11) —    (12) (Deleted by Act 19/2004)  
60—(1) and (2)    60—(1) and (2) 
—    (3) (Deleted by Act 19/2004)  
66—(1) and (2)    66—(1) and (2) 
(3)    (2A) (4)    (2B) (5)    (2C) (6)    (3)          
 
 
COMPARATIVE TABLE 
         
PATENTS ACT (CHAPTER 221, 2002 EDITION) 
         
The following provisions in the 1995 Revised Ed ition of the Patents Act we re renumbered by the Law 
Revision Commissioners in the 2002 Revised Edition. 
This Comparative Table is provided for the convenience of users. It is not part of the Patents Act. 
         
2002 Ed.  1995 Ed. 
1    1—(1) and (2) 
27—(1) and (2)    27—(1) 
(3)    (2) 28—(2) and (3)    28—(2) 
29—(3) and (4)    29—(3) 
(5)    (4) 
(6)    (5) IP/N/1/SGP/P/1/Rev.1 
Page 102  
 
  (7)    (6) 
(8) and (9)    (7) (10) and (11)    (8) (12)    (9) 35—(1)    35—(1) and (2) 
(2)    (3) 
39—(2) and (3)    39—(2) 
(4)    (3) (5)    (4) (6)    (5) 
(7)    (6) 
(8)    (7) (9)    (8) (10) and (11)    (9) (12)    (10) 
(13)    (11) 
(14)    (12) 42—(6) and (7)    42—(6) 
(8)    (7) (9)    (8) 48—(5) and (6)    48—(5) 
Omitted    50—(1) 
50—(1)    (2) 
(2)    (3) (3)    (4) (4)    (5) Omitted    52—(5) 
52—(5)    (6) 
53—(5) and (6)    53—(5) 
(7)    (6) 54—(4) and (5)    54—(4) 
(6)    (5) 
(7) and (8)    (6) 
Omitted    56 
Omitted    57 
Omitted    58 
Omitted    59 
Omitted    60 
56    61  IP/N/1/SGP/P/1/Rev.1 
 Page 103 
 
 
  Omitted    62 
57    63 
Omitted    63—(3) 
58    64 
59    65 
60    65A 
61    65B 
62    65C 
63    Not in use 
64    Not in use 
65    Not in use 
Omitted    67—(6) 
69—(1) and (2)    69—(1) 
(3)    (2) (4)    (3) 
71—(1) and (2)    71—(1) 
(3)    (2) (4)    (3) 76—(1) and (2)    76—(1) 
(3)    (2) (4)    (3) 
88—(1) and (2)    88—(1) 
(3) and (4)    (2) (5) and (6)    (3) (7)    (4) 
Omitted    89 
89    90 
90    91 
91    92 
92    93 
93    94 
94    95 
95    96 
96    97 
97    98 
98    99 
99    100 
100    
101 
101    102 IP/N/1/SGP/P/1/Rev.1 
Page 104  
 
  102    103 
103    103A 
114—(3) and (4)    114—(3) 
(5)    (4) 
116    115A 
117    116 
Omitted    116—(6) 
117—(6)    (7) 
Omitted    (8) 
Omitted    (9) 
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