Patents (Patent Agents) (Amendment) Rules 2017

No. S 147

Patents Act

(CHAPTER 221)

Patents
(Patent Agents)
(Amendment) Rules 2017

In exercise of the powers conferred by section 104 of the Patents Act, the Minister for Law makes the following Rules:

Citation and commencement

1. These Rules are the Patents (Patent Agents) (Amendment) Rules 2017 and come into operation on 1 May 2017.

Deletion and substitution of rule 6

2. Rule 6 of the Patents (Patent Agents) Rules 2001 (G.N. No. S 645/2001) (called in these Rules the principal Rules) is deleted and the following rule substituted therefor:

“Eligibility to apply for registration as patent agent

6.—(1) Subject to rule 8, an individual is eligible to apply for registration as a patent agent if the individual —

(a)	is resident in Singapore; and
(b)	satisfies all of the requirements in paragraph (2) or (3), whichever is applicable.

(2) Unless the individual applies for registration as a patent agent on the basis that the individual has worked in Singapore as an Examiner, the requirements mentioned in paragraph (1)(b) are that the individual —

(a)

holds a university degree or equivalent qualification approved by the Registrar;

(b)

has passed a course specified in Part 1 of the Third Schedule;

(c)

has passed the examination specified in Part 2 of the Third Schedule; and

(d)

has completed internship in patent agency work under the supervision of a relevant person for —

(i)	a continuous period of at least 12 months; or
(ii)	a total period of at least 12 months within a continuous period of 24 months.

(3) Where the individual applies for registration as a patent agent on the basis that the individual has worked in Singapore as an Examiner, the requirements mentioned in paragraph (1)(b) are that the individual —

(a)	has worked in Singapore, on or after 1 June 2013, as an Examiner for a period of at least 7 years in aggregate;
(b)	has obtained a certificate of good performance in Form I issued by the individual’s employer in respect of the individual’s work as an Examiner during the period mentioned in sub‑paragraph (a);
(c)	has passed the course specified in Part 3 of the Third Schedule; and
(d)	has passed the examination specified in Part 4 of the Third Schedule.

(4) In paragraph (2)(d), “relevant person” means —

(a)	a registered patent agent; or
(b)	an individual registered as a patent agent or its equivalent in a country or territory, or by a patent office, specified in the Fourth Schedule.”.

Amendment of rule 7

3. Rule 7 of the principal Rules is amended —

(a)	by deleting the word “entitlement” in paragraph (1)(b) and substituting the words “eligibility to apply”; and
(b)	by deleting the word “entitled” in paragraphs (2) and (4) and substituting in each case the words “eligible to apply”.

Amendment of rule 8

4. Rule 8(1) of the principal Rules is amended —

(a)	by deleting the words “rule 6(c)” in sub‑paragraph (a) and substituting the words “rule 6(2)(b) or (3)(c)”;
(b)	by deleting the words “rule 6(d)” in sub‑paragraph (b) and substituting the words “rule 6(2)(c) or (3)(d)”; and
(c)	by deleting the words “rule 6(e)” in sub‑paragraph (c) and substituting the words “rule 6(2)(d)”.

Amendment of Second Schedule

5. The Second Schedule to the principal Rules is amended by inserting, immediately after the item relating to Form H, the following item:

“

Certificate of Good Performance under rule 6(3)(b)

”.

Deletion and substitution of Third Schedule

6. The Third Schedule to the principal Rules is deleted and the following Schedule substituted therefor:

“THIRD SCHEDULE

Rule 6

PART 1

COURSES MENTIONED IN RULE 6(2)(b)

1.	Graduate Certificate in Intellectual Property Law course conducted by the Faculty of Law, National University of Singapore.

2.	Graduate Diploma in IP and Innovation Management (with a specialisation in patent agency) course conducted by the School of Business, Singapore University of Social Sciences.

3.	Master of IP and Innovation Management (with a specialisation in patent agency) course conducted by the School of Business, Singapore University of Social Sciences.

PART 2

EXAMINATION MENTIONED IN RULE 6(2)(c)

The Patent Agents Qualifying Examination conducted by the Registrar.

PART 3

COURSE MENTIONED IN RULE 6(3)(c)

The preparatory course conducted by the Singapore University of Social Sciences for papers A and C of the Patent Agents Qualifying Examination conducted by the Registrar.

PART 4

EXAMINATION MENTIONED IN RULE 6(3)(d)

Papers A and C of the Patent Agents Qualifying Examination conducted by the Registrar.”.

Amendment of Fourth Schedule

7. The Fourth Schedule to the principal Rules is amended by deleting the words “rules 6(e)” wherever they appear and substituting in each case the words “rules 6(4)(b)”.

[G.N. Nos. S 92/2007; S 566/2009; S 80/2014]

Made on 31 March 2017.

NG HOW YUE

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 18/001/006 Vol. 1; AG/LEGIS/SL/221/2015/2 Vol. 1]

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