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No. S 75

Patents Act

(Chapter 221)

Patents (Amendment) Rules 2002

In exercise of the powers conferred by section 115 of the Patents Act, the Minister for Law, after consultation with the Intellectual Property Office of Singapore, hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Patents (Amendment) Rules 2002 and shall come into operation on 25th February 2002.

Deletion and substitution of rule 4

2. Rule 4 of the Patents Rules (R 1) is deleted and the following rule substituted therefor:

“Forms

4.—(1) — The forms mentioned in these Rules are those set out in the Second Schedule.

(2) Any form may be modified on the direction of the Registrar —

(a)	for use in a case other than the case for which it is intended; or
(b)	for carrying out any transaction by means of the electronic online system.”.

Amendment of rule 23

3. Rule 23 of the Patents Rules is amended by deleting paragraph (2) and substituting the following paragraph:

“(2) Unless otherwise provided, the specification (including any drawing therein), abstract and any replacement sheet thereof shall be filed singly.”.

Amendment of rule 33

4. Rule 33(1) of the Patents Rules is amended —

(a)

by deleting the word “and” at the end of sub-paragraph (c); and

(b)

by deleting the full-stop at the end of sub-paragraph (d) and substituting the word “; and”, and by inserting immediately thereafter the following sub-paragraph:

“(e)	the requirements of rule 47(4), (5) and (6).”.

Amendment of rule 39

5. The Patents Rules are amended by renumbering rule 39 as paragraph (1) of that rule, and by inserting immediately thereafter the following paragraph:

“(2) The details referred to in paragraph (1) shall be furnished in Patents Form 11A.”.

Amendment of rule 44

6. The Patents Rules are amended by renumbering rule 44 as paragraph (1) of that rule, and by inserting immediately thereafter the following paragraph:

“(2) The information referred to in paragraph (1) shall be furnished in Patents Form 11B.”.

Amendment of rule 47

7. Rule 47 of the Patents Rules is amended by inserting, immediately after paragraph (3), the following paragraphs:

“(4) If the specification of the application for a patent has been amended or corrected since the filing of the application, the applicant must file a specification incorporating every such amendment and correction at the time of compliance with paragraph (3).

(5) The copy of the specification to be filed under paragraph (4) shall be dated, at the top right-hand margin of each sheet, with the date of signing of the Patents Form 14.

(6) No amendment or correction (other than an amendment or correction introduced in order to comply with the formal requirements) may be introduced in the specification to be filed under paragraph (4).

(7) Paragraphs (4), (5) and (6) shall not apply to an international application for a patent (Singapore) if the only amendment to the specification since the filing of the application was an amendment referred to in section 86(6) of the Act which has been incorporated in the specification of the application or any necessary translation of the specification into English.”.

Deletion and substitution of rule 48

8. Rule 48 of the Patents Rules is deleted and the following rule substituted therefor:

“Application for amendment before grant

48.—(1) Subject to rule 56(3), an application for amendment of —

(a)	the request for the grant of a patent; or
(b)	the description, claims, drawings and abstract,

shall be made on Patents Form 13.

(2) The application for amendment of a document referred to in paragraph (1)(a) or (b) shall be accompanied by a copy of that document with the proposed amendment indicated therein in the following manner:

(a)	by striking through any text, figure or other matter to be replaced or deleted; and
(b)	by underlining any replacement text, figure or other matter.

(3) The words “replacement sheet”, followed by the date of signing of the Patents Form 13, shall be stated at the top right-hand margin of each sheet of the copy of the document referred to in paragraph (2).”.

Amendment of rule 52

9. Rule 52 of the Patents Rules is amended —

(a)

by deleting paragraph (6) and substituting the following paragraphs:

“(6) An application under this rule shall be accompanied by a copy of the specification with the proposed amendment indicated therein in the following manner:

(a)	by striking through any text, figure or other matter to be replaced or deleted; and
(b)	by underlining any replacement text, figure or other matter.

(6A) The words “replacement sheet”, followed by the date of signing of the Patents Form 17, shall be stated at the top right-hand margin of each sheet of the copy of the specification referred to in paragraph (6).”; and

(b)

by inserting, immediately after paragraph (8), the following paragraphs:

“(8A) The copy of the new specification to be filed under paragraph (8) shall be dated, at the top right-hand margin of each sheet, with the date of compliance with paragraph (8).

(8B) No amendment or correction (other than an amendment or correction introduced in order to comply with rule 19, 21 or 23) may be introduced in the new specification to be filed under paragraph (8).”.

Amendment of rule 91

10. Rule 91 of the Patents Rules is amended —

(a)

by deleting the words “a document clearly identifying the proposed correction; and the Registrar may, if he thinks fit, require that the correction be shown in indelible red marking on a copy of the document of which correction is sought” in the 6th to the last lines of paragraph (1) and substituting the following words:

“a copy of the document with the proposed correction indicated therein in the following manner:

“(a)	by striking through any text, figure or other matter to be replaced or deleted; and
(b)	by underlining any replacement text, figure or other matter”;

(b)

by inserting, immediately after paragraph (1), the following paragraph:

“(1A) The words “replacement sheet”, followed by the date of signing of the Patents Form 23, shall be stated at the top right-hand margin of each sheet of the copy of the document referred to in paragraph (1).”; and

(c)

by inserting, immediately after paragraph (8), the following paragraphs:

“(9) Where the Registrar grants the request for correction, the person making the request shall, if the Registrar so requires, and within the time specified by the Registrar, file a new specification as corrected, which shall be prepared in accordance with rules 19, 21 and 23.

(10) The copy of the new specification to be filed under paragraph (9) shall be dated, at the top right-hand margin of each sheet, with the date of compliance with paragraph (9).

(11) No amendment or correction (other than an amendment or correction introduced in order to comply with the formal requirements) may be introduced in the new specification to be filed under paragraph (9).”.

Amendment of rule 111

11. Rule 111 of the Patents Rules is amended by deleting paragraph (1) and substituting the following paragraph:

“(1) Where a document, other than a published Singapore specification or application, is referred to in any reference, notice, statement, counter-statement or evidence required by the Act or these Rules to be filed at the Registry or sent to the Registrar, one copy of that document shall be furnished to the Registry within the period that the reference, notice, statement, counter-statement or evidence may be filed or sent.”.

Deletion and substitution of Second Schedule

12. The Second Schedule to the Patents Rules is deleted and the following Schedule substituted therefor:

“SECOND SCHEDULE

”.

Miscellaneous amendments

13. The Patent Rules are amended —

(a)

by deleting the words “in duplicate” wherever they appear in the following provisions:

Rules 10(1) (3rd line) and (3) (5th line), 11(1) (3rd line) and (3) (penultimate line), 14(1) (penultimate line), 15(1) and (2) (4th and 5th lines), 16(1) (6th and 7th lines) and (2) (9th line), 17(1) (penultimate line) and (3) (4th and 5th lines), 52(3) (2nd line) and (4) (4th line), 54(3) (2nd line) and (4) (4th line), 65(1) (3rd line) and (3) (5th line), 66(1) (4th and penultimate lines), 69(1) (5th and 6th lines) and (2) (8th line), 73(1) (4th line), 74(2) (1st, 2nd and 3rd lines) and (3) (5th line), 80(1) (2nd and 3rd lines), 85(2), 91(5), (6) and (7) (5th line);

(b)

by deleting the words “2 copies” in rule 71(1)(a) and (b) and substituting in each case the words “one copy”;

(c)

by deleting the words “in duplicate,” in the 5th line of rule 78(1);

(d)

by deleting the words “which shall be filed in duplicate” in the 2nd line of rule 71(1) and in the 1st and 2nd lines of rule 3(4)(a) of the Fourth Schedule; and

(e)

by deleting the words “(which shall be filed in duplicate)” in the 8th line of rule 2(1) of the Fourth Schedule.

Made this 28th day of January 2002.

LIEW HENG SAN

Permanent Secretary,
Ministry of Law,
Singapore.

[TMC 002/87B; LAW 06/011/012 Vol. 14; AG/LEG/SL/221/1997/1 Vol. 2]