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Patents Act 1994

Status:

Current version
as at 25 Aug 2024

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Patents Act 1994

Table of Contents

Long Title

Part 1 PRELIMINARY

1 Short title

2 Interpretation

3 Application to Government

Part 2 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

Part 3 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 4 RIGHT TO APPLY FOR AND OBTAIN PATENT

19 Right to apply for and obtain patent

20 Determination before grant of questions 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 5 APPLICATIONS FOR PATENTS

25 Making of application

26 Date of filing application

27 Publication of application

Part 6 PROCEDURE FOR GRANT OF PATENT

28 Preliminary examination

29 Search and examination

29A Eligibility for grant of patent, etc.

29B Review of examination report, etc.

30 Grant of patent

31 General power to amend application before grant

32 Observations by third party on patentability

33 Information prejudicial to defence of Singapore or safety of public

34 Restrictions on applications abroad by Singapore residents

Part 7 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 Re-examination after grant

39 Restoration of lapsed patents

40 Surrender of patents

Part 8 PROPERTY IN PATENTS AND APPLICATIONS FOR PATENTS AND REGISTRATION

41 Nature of, and transactions in, patents 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

47 Determination of right to patent after grant

48 Effect of transfer of patent under section 47

Part 9 EMPLOYEES’ INVENTIONS

49 Right to employees’ inventions

50 Supplementary provisions

Part 10 CONTRACTS AS TO PATENTED PRODUCTS

50A Application of this Part

51 Avoidance of certain restrictive conditions

52 Determination of parts of certain contracts

Part 11 LICENCES OF RIGHT AND COMPULSORY LICENCES

53 Licences of right

54 Cancellation of entry made under section 53

55 Compulsory licences

Part 12 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 (Repealed)

60 Nature and scope of rights under section 56

61 Duty to inform patentee

62 Patentee entitled to remuneration

63 (No Operation)

64 (No Operation)

65 (No Operation)

Part 13 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

Part 14 REVOCATION OF PATENTS AND VALIDITY PROCEEDINGS

79 (Repealed)

80 Power to revoke patents on application

81 Registrar’s power to revoke patents on own initiative

82 Proceedings in which validity of patent may be put in issue

Part 15 AMENDMENTS OF PATENTS AND APPLICATIONS

83 Amendment of patent in infringement or revocation proceedings, etc.

84 Amendments of applications and patents not to include added matter

Part 16 INTERNATIONAL APPLICATIONS FOR PATENTS

85 Effect of filing international application for patent

86 International and national phases of application

87 Adaptation of provisions in relation to international application

88 Evidence of Patent Co-operation Treaty and its instruments

Part 17 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 with solicitors relating to patent proceedings

95 Privilege for communications with patent agents, etc.

96 Costs and expenses in proceedings before Registrar

97 Licences granted by order of Registrar

Part 18 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 bodies corporate and partnerships

103 Composition of offences

Part 19 PATENT AGENTS AND FOREIGN PATENT AGENTS

104 Registration of patent agents and foreign patent agents

105 Persons entitled to act as patent agents, etc.

105A Foreign patent agents

Part 20 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 (Repealed)

110 Extension of time

111 Hours of business and excluded days

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

116A Amendment of Schedule

117 Transitional provisions

THE SCHEDULE

Legislative History

Abbreviations

Comparative Table

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Table Of Contents

Patents Act 1994

Status:

Current version
as at 25 Aug 2024

Please check the legislation timeline to ensure that you are viewing the correct legislation version. See also FAQ B3.

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Versions

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find current version as at

01 Nov 2022

Amended by
Act 31 of 2022
10 Jun 2022

Amended by
Act 23 of 2019
26 May 2022

Amended by
Act 7 of 2022
01 Apr 2022

Amended by
Act 25 of 2021
14 Jan 2022

Amended by
Act 33 of 2021
31 Dec 2021

2020 RevEd
21 Nov 2021

Amended by
Act 22 of 2021
01 Oct 2021

Amended by
Act 23 of 2019
02 Jan 2021

Amended by
Act 40 of 2019
21 Nov 2019

Amended by
Act 23 of 2019
30 Oct 2017

Amended by
Act 18 of 2017
01 Nov 2016

Amended by
Act 15 of 2012
10 Jun 2016

Amended by
Act 16 of 2016
30 Apr 2014

Amended by
Act 4 of 2014
10 Mar 2014

Amended by
Act 4 of 2014
14 Feb 2014

Amended by
Act 15 of 2012
08 Apr 2013

Amended by
Act 15 of 2012
09 Oct 2009

Amended by
Act 20 of 2009
01 Dec 2008

Amended by
Act 18 of 2008
01 Apr 2007

Amended by
Act 2 of 2007
31 Jul 2005

2005 RevEd
01 Jul 2004

Amended by
Act 19 of 2004
31 Jul 2002

2002 RevEd
25 Feb 2002

Amended by
Act 30 of 2001
02 Jan 2002

Amended by
Act 30 of 2001
17 Oct 2001

Amended by
Act 30 of 2001
01 Apr 2001

Amended by
Act 3 of 2001
01 Jan 1996

Amended by
Act 40 of 1995
15 Mar 1995

1995 RevEd
23 Feb 1995

Act 21 of 1994

Table of Contents

Patents Act 1994
Long Title Part 1 PRELIMINARY

2 Interpretation

3 Application to Government

Part 2 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

Part 3 PATENTABILITY

13 Patentable inventions

15 Inventive step

16 Industrial application

17 Priority date

18 Disclosure of matter, etc., between earlier and later applications

Part 4 RIGHT TO APPLY FOR AND OBTAIN PATENT

19 Right to apply for and obtain patent

20 Determination before grant of questions 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 5 APPLICATIONS FOR PATENTS

25 Making of application

26 Date of filing application

27 Publication of application

Part 6 PROCEDURE FOR GRANT OF PATENT

28 Preliminary examination

29 Search and examination

29A Eligibility for grant of patent, etc.

29B Review of examination report, etc.

30 Grant of patent

31 General power to amend application before grant

32 Observations by third party on patentability

33 Information prejudicial to defence of Singapore or safety of public

34 Restrictions on applications abroad by Singapore residents

Part 7 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 Re-examination after grant

39 Restoration of lapsed patents

40 Surrender of patents

Part 8 PROPERTY IN PATENTS AND APPLICATIONS FOR PATENTS AND REGISTRATION

41 Nature of, and transactions in, patents 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

47 Determination of right to patent after grant

48 Effect of transfer of patent under section 47

Part 9 EMPLOYEES’ INVENTIONS

49 Right to employees’ inventions

50 Supplementary provisions

Part 10 CONTRACTS AS TO PATENTED PRODUCTS

50A Application of this Part

51 Avoidance of certain restrictive conditions

52 Determination of parts of certain contracts

Part 11 LICENCES OF RIGHT AND COMPULSORY LICENCES

53 Licences of right

54 Cancellation of entry made under section 53

55 Compulsory licences

Part 12 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

60 Nature and scope of rights under section 56

61 Duty to inform patentee

62 Patentee entitled to remuneration

63 (No Operation)

64 (No Operation)

65 (No Operation)

Part 13 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

Part 14 REVOCATION OF PATENTS AND VALIDITY PROCEEDINGS

80 Power to revoke patents on application

81 Registrar’s power to revoke patents on own initiative

82 Proceedings in which validity of patent may be put in issue

Part 15 AMENDMENTS OF PATENTS AND APPLICATIONS

83 Amendment of patent in infringement or revocation proceedings, etc.

84 Amendments of applications and patents not to include added matter

Part 16 INTERNATIONAL APPLICATIONS FOR PATENTS

85 Effect of filing international application for patent

86 International and national phases of application

87 Adaptation of provisions in relation to international application

88 Evidence of Patent Co-operation Treaty and its instruments

Part 17 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 with solicitors relating to patent proceedings

95 Privilege for communications with patent agents, etc.

96 Costs and expenses in proceedings before Registrar

97 Licences granted by order of Registrar

Part 18 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 bodies corporate and partnerships

103 Composition of offences

Part 19 PATENT AGENTS AND FOREIGN PATENT AGENTS

104 Registration of patent agents and foreign patent agents

105 Persons entitled to act as patent agents, etc.

105A Foreign patent agents

Part 20 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

110 Extension of time

111 Hours of business and excluded days

112 Government’s right to sell forfeited articles

113 Extent of invention

114 Availability of samples of micro-organisms

115A Forms and directions of Registrar

116A Amendment of Schedule

117 Transitional provisions

THE SCHEDULE Legislative History Abbreviations Comparative Table

Patents Act 1994

Status:

Current version as at 25 Aug 2024

Timeline
Subsidiary Legislation
Amendment Annotation

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Actions
- Add to My Collections
- Amendments RSS Feed

Document
Provision

23 Feb 1995

Act 21 of 1994
15 Mar 1995

1995 RevEd
01 Jan 1996

Amended by
Act 40 of 1995
01 Apr 2001

Amended by
Act 3 of 2001
17 Oct 2001

Amended by
Act 30 of 2001
02 Jan 2002

Amended by
Act 30 of 2001
25 Feb 2002

Amended by
Act 30 of 2001
31 Jul 2002

2002 RevEd
01 Jul 2004

Amended by
Act 19 of 2004
31 Jul 2005

2005 RevEd
01 Apr 2007

Amended by
Act 2 of 2007
01 Dec 2008

Amended by
Act 18 of 2008
09 Oct 2009

Amended by
Act 20 of 2009
08 Apr 2013

Amended by
Act 15 of 2012
14 Feb 2014

Amended by
Act 15 of 2012
10 Mar 2014

Amended by
Act 4 of 2014
30 Apr 2014

Amended by
Act 4 of 2014
10 Jun 2016

Amended by
Act 16 of 2016
01 Nov 2016

Amended by
Act 15 of 2012
30 Oct 2017

Amended by
Act 18 of 2017
21 Nov 2019

Amended by
Act 23 of 2019
02 Jan 2021

Amended by
Act 40 of 2019
01 Oct 2021

Amended by
Act 23 of 2019
21 Nov 2021

Amended by
Act 22 of 2021
31 Dec 2021

2020 RevEd
14 Jan 2022

Amended by
Act 33 of 2021
01 Apr 2022

Amended by
Act 25 of 2021
26 May 2022

Amended by
Act 7 of 2022
10 Jun 2022

Amended by
Act 23 of 2019
01 Nov 2022

Amended by
Act 31 of 2022

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or find current version as at

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Patents Act 1994

[23 February 1995: Except sections 104 and 105(1) to (6), (8) and (9)]

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