1S 573/2017

First published in the Government Gazette, Electronic Edition, on 6 October 2017 at 5 pm.

No. S 573
PATENTS ACT(CHAPTER 221)
PATENTS(AMENDMENT NO. 2)
RULES 2017
In exercise of the powers conferred by section 115 of the Patents
Act, the Minister for Law, after consulting with the Intellectual
Property Office of Singapore, makes the following Rules:
Citation and commencement
1. These Rules are the Patents (Amendment No. 2) Rules 2017and come into operation on 30 October 2017.
Amendment of rule 2A
2. Rule 2A of the Patents Rules (R 1) is amended ––(a) by deleting the words “each claim of the invention disclosedin” in paragraph (1)(a)(i) and substituting the words “theinvention defined in each claim of the specification of”; and(b) by inserting, immediately after sub‑paragraph (b) ofparagraph (3), the following sub‑paragraph:“(ba) whether the invention defined in each claim of
the specification of the application constitutes aninvention;”.
Deletion and substitution of rule 8
3. Rule 8 of the Patents Rules is deleted and the following rule
substituted therefor:“Written evidence in support of circumstances in section 14(4),etc.
8.––(1) The written evidence filed under section 14(5C) by anapplicant for a patent must comply with the following requirements:(a) the written evidence must be by statutory declaration
or affidavit, and must enclose all supporting documents;

S 573/20172(b) where the applicant relies on the circumstances
described in section 14(4)(c), the written evidence
must ––(i) state that the invention to which the applicant’s
application relates was in fact displayed at aninternational exhibition;(ii) state the opening date of the exhibition and,
where the first disclosure of the invention did
not take place on that date, the date of the first
disclosure; and(iii) enclose one or more supporting documents
identifying the invention that was displayed atthe exhibition;(c) where the applicant claims that the publication by aforeign intellectual property office of an application
for an intellectual property right (being an application
containing matter constituting the invention to which
the applicant’s application relates), or a registrationof an intellectual property right pursuant to such anapplication, was erroneous for a reason mentioned in
section 14(5A)(b) or (5B)(b), the written evidence
must enclose an acknowledgment from the foreign
intellectual property office ––(i) stating that the publication was erroneous andthe reason for the publication being erroneous;and(ii) if section 14(5B)(b) applies, stating the earliest
date on which the publication ought to havebeen made under the law or treaty governing
the application.
(2) For the purposes of section 2(2), a statement may be
published in the journal that an exhibition described in thestatement falls within the definition of “international exhibition”
in section 2(1).
(3) In this rule, “foreign intellectual property office” has thesame meaning as in section 14(8).”.

3S 573/2017

Amendment of rule 43
4. Rule 43 of the Patents Rules is amended ––(a) by inserting, immediately after paragraph (3), the following
paragraph:“(4) The prescribed date mentioned in section 29(11A)(a)and (b) is 1 January 2020.”; and(b) by inserting, immediately after the words “supplementaryexamination report” in the rule heading, the word “, etc.”.
Amendment of rule 46
5. Rule 46(1A) of the Patents Rules is amended by inserting,
immediately after sub‑paragraph (b), the following sub‑paragraph:“(ba) the invention defined in any claim of the specification ofthe application does not constitute an invention;”.
Amendment of rule 86
6. Rule 86 of the Patents Rules is amended by deleting
paragraph (4) and substituting the following paragraph:“(4) In the case of an international application for a patent(Singapore), where an English translation of a document orpart of a document is required by the Act or these Rules to be
filed before or at the time limit for entering the national phase,verification of the translation, as required under rule 112 andpermitted by rule 51 bis 1(d) of the Regulations under thePatent Co-operation Treaty, may be given to the Registrar at
any time before the end of 2 months after that time limit.”.
Amendment of rule 108
7. Rule 108 of the Patents Rules is amended ––(a) by deleting “, (4)” in paragraph (2)(a);(b) by inserting, immediately after sub-paragraph (a) ofparagraph (2), the following sub‑paragraph:“(aa) paragraph (4) (except where paragraph (7) providesotherwise);”;S 573/2017

4(c) by deleting “8(1),” in paragraph (2)(b);(d) by deleting “8(2),” in paragraph (3)(a);(e) by deleting “86(4)(b),” in paragraph (3)(a); and(f) by inserting, immediately after paragraph (6), the following
paragraph:“(7) Where ––(a) after receiving the search report undersection 29(2)(b) from the Registrar, the applicant
does not file a request for an examination reportunder section 29(3) within the period prescribedin rule 43(1) or (2) (whichever is applicable) forfiling that request; and(b) the time prescribed under paragraph (4) for
filing Patents Form 45 to extend that period
expires before, or within 3 months after,30 October 2017,
the time prescribed under paragraph (4) for filing thatForm is extended to the end of 6 months after that date.”.
Saving and transitional provisions
8.––(1) Subject to paragraphs (2) and (3), rules 2 and 5 do not
apply to any application for a patent the date of filing of which isbefore 30 October 2017, or to any patent granted pursuant to any
such application, and rules 2A(1) and (3) and 46(1A) of the Patents
Rules as in force immediately before that date continue to apply toevery such application for a patent and every such patent as if rules 2and 5 had not been enacted.
(2) Rules 2 and 5 apply to ––(a) every new application for a patent made, on or after
30 October 2017, under section 20(3) or 47(4) of thePatents Act which is treated as having been filed before
that date, and to every patent granted pursuant to any suchapplication; and(b) every new application for a patent filed, on or after30 October 2017, under section 26(11) of the Patents Act
which is treated as having a date of filing that is before
that date, and to every patent granted pursuant to any suchapplication.

5S 573/2017(3) Rules 2 and 5 apply to every international application fora patent (Singapore) that enters the national phase in Singapore
under section 86(3) of the Patents Act on or after 30 October 2017,
and to every patent granted pursuant to any such application.
(4) Despite rule 3, rule 8 of the Patents Rules as in force
immediately before 30 October 2017 continues to apply to or in
relation to any application for a patent the date of filing of which
is before that date.
(5) Despite rule 6, rule 86(4) of the Patents Rules as in force
immediately before 30 October 2017 continues to apply to or in
relation to any international application for a patent (Singapore)
the date of filing accorded under the Patent Co-operation Treatyof which is before that date.
(6) Despite rule 7(c) and (d), rule 108(2)(b) and (3)(a) of thePatents Rules as in force immediately before 30 October 2017
continues to apply to or in relation to any application for a patentthe date of filing of which is before that date.
(7) Despite rule 7(e), rule 108(3)(a) of the Patents Rules as inforce immediately before 30 October 2017 continues to apply to orin relation to any international application for a patent (Singapore)
the date of filing accorded under the Patent Co‑operation Treaty ofwhich is before that date.
[G.N. Nos. S 501/2009; S 730/2010; S 586/2011; S 210/2013; S 81/2014;
S 162/2014; S 739/2014; S 673/2016; S 146/2017]

Made on 5 October 2017.
NG HOW YUE
Permanent Secretary,Ministry of Law,
Singapore.
[LAW 18/001/001 Vol. 11; AG/LEGIS/SL/221/2015/1 Vol. 2]