12. The principal Rules are amended by inserting, immediately after rule 10, the following rules:“Eligibility to apply for registration as foreign patent agent |
10A. An individual is eligible to apply for registration as a foreign patent agent if —(a) | he is resident in Singapore; and | (b) | he is registered as a patent agent or patent attorney with —(i) | any patent office (other than the Registry); or | (ii) | any professional accreditation or regulatory body for patent agents or patent attorneys in any country or jurisdiction other than Singapore. |
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Application for registration as foreign patent agent |
10B.—(1) An application for registration as a foreign patent agent shall be made to the Registrar in Form H, and shall be accompanied by —(a) | the applicable fee in the First Schedule; | (b) | documentary proof of the applicant’s eligibility to apply for registration as a foreign patent agent; | (c) | a certificate of good standing issued by the patent office (other than the Registry), or the professional accreditation or regulatory body for patent agents or patent attorneys, with which the applicant is registered as a patent agent or patent attorney; | (d) | 2 certificates of good character relating to the applicant in Form B, from 2 responsible individuals —(i) | who are not immediately related to the applicant; | (ii) | who have known the applicant for at least 12 months and have had opportunities to judge his character; and | (iii) | at least one of whom is resident in the country or jurisdiction in which the applicant is registered as a patent agent or patent attorney; and |
| (e) | documentary proof that the applicant has obtained professional indemnity insurance against any liability incurred by him when carrying out foreign patent agency work in the practice year during which his application for registration as a foreign patent agent is made, where the amount of insurance cover is at least $1 million for each claim. |
(2) The Registrar may require the applicant to furnish, within a specified period, such further evidence or information as the Registrar considers necessary to determine whether the applicant —(a) | is eligible to apply for registration as a foreign patent agent; or | (b) | meets the additional requirements referred to in paragraph (4)(b). |
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(3) The Registrar may accept in place of, or require in addition to, either or both of the certificates of good character such other evidence of good character of the applicant as the Registrar considers necessary. |
(4) The Registrar may register the applicant as a foreign patent agent by issuing to him a foreign patent agent certificate and entering his name and particulars in the register of foreign patent agents, if the Registrar is satisfied that the applicant —(a) | is eligible to apply for registration as a foreign patent agent; | (b) | meets such additional requirements for registration as a foreign patent agent as the Registrar may specify; and | (c) | is of good character. |
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(5) An application for registration as a foreign patent agent shall be refused if it is not made in accordance with this rule. |
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Application for renewal of registration as foreign patent agent |
10C.—(1) A registered foreign patent agent who wishes to renew his registration as a foreign patent agent for any practice year shall, before making an application for the renewal of the registration, ensure that professional indemnity insurance has been obtained against any liability incurred by him when carrying out foreign patent agency work in that practice year, where the amount of insurance cover is at least $1 million for each claim.(2) An application to renew the registration of a foreign patent agent shall not be made earlier than 2 months before the commencement of the practice year in question. |
(3) The application shall be made to the Registrar in Form H, and shall be accompanied by —(a) | the applicable fee in the First Schedule, which shall be the same amount irrespective of the term of the foreign patent agent certificate; | (b) | a declaration in writing by the applicant stating —(i) | his name in full; | (ii) | the name under which he intends to practise or the name of his employer; | (iii) | his practice address in Singapore; | (iv) | that he is resident in Singapore; | (v) | that he has not been convicted of an offence under the Act and has not been convicted or guilty of any of the matters referred to in rule 17(1)(a) to (g) for which he has not already been dealt with under Part III; | (vi) | that he continues to meet the requirements of these Rules, and the additional requirements referred to in rule 10B(4)(b), by virtue of which he was registered as a foreign patent agent; and | (vii) | that he has ensured that the professional indemnity insurance referred to in paragraph (1) has been obtained; and |
| (c) | a written undertaking by the applicant that —(i) | he will ensure that the professional indemnity insurance that has been obtained will be maintained in force at all times during the practice year in question; and | (ii) | where the insurance that has been obtained is due to expire before the end of the practice year, he will ensure that the insurance is renewed before such expiry. |
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(4) The Registrar may require the registered foreign patent agent to furnish, within a specified period, such other evidence or information as the Registrar considers necessary for the purposes of the application. |
(5) The Registrar may renew the registration of the foreign patent agent and issue to him a new foreign patent agent certificate, if the Registrar is satisfied that —(a) | the application is made in accordance with this rule; and | (b) | the applicant continues to meet the requirements of these Rules, and the additional requirements referred to in rule 10B(4)(b), by virtue of which he was registered as a foreign patent agent. |
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(6) The renewal of the registration of a foreign patent agent may be subject to such conditions as the Registrar may specify. |
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Term of foreign patent agent certificate |
10D.—(1) A foreign patent agent certificate issued to a registered foreign patent agent under rule 10B(4) or 10C(5) —(a) | shall be in force from —(i) | the date of its issue; or | (ii) | if it is issued pursuant to an application for the renewal of the registration of the foreign patent agent made before the beginning of the practice year in question, the first day of the practice year; and |
| (b) | shall cease to be in force upon the occurrence of any of the following events:(i) | the registered foreign patent agent ceases to practise as a registered foreign patent agent; | (ii) | the registered foreign patent agent ceases to be resident in Singapore; | (iii) | the registered foreign patent agent has been convicted of an offence under the Act; | (iv) | the registered foreign patent agent has been convicted, whether in Singapore or elsewhere, of a criminal offence implying a defect of character which makes him unfit for his profession; | (v) | the registered foreign patent agent ceases to meet any requirement of these Rules, or any additional requirement referred to in rule 10B(4)(b), by virtue of which he was eligible to apply for registration as a foreign patent agent; | (vi) | the professional indemnity insurance referred to in rule 10B(1)(e) or 10C(1), as the case may be, has not been obtained or has expired; | (vii) | the Registrar subsequently issues another foreign patent agent certificate to the registered foreign patent agent. |
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(2) A foreign patent agent certificate issued in the month of April, pursuant to an application for the renewal of the registration of a foreign patent agent, shall be deemed to have been in force from the first day of that month. |
(3) Where the registration of a foreign patent agent has been cancelled or suspended under rule 20, any foreign patent agent certificate issued to him under rule 10B(4) or 10C(5) shall be treated as cancelled, and he shall immediately surrender the certificate to the Registrar. |
(4) Any person who without lawful excuse contravenes paragraph (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. |
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Removal of particulars of foreign patent agent from register of foreign patent agents |
10E.—(1) Subject to paragraph (3), the Registrar shall remove, from the register of foreign patent agents, the name and other particulars of any foreign patent agent —(a) | who has ceased to practise as a registered foreign patent agent; | (b) | who has failed to renew his registration as a foreign patent agent; | (c) | who applies for his registration as a foreign patent agent to be cancelled; or | (d) | whose registration as a foreign patent agent has been cancelled under Part III. |
(2) A foreign patent agent who has ceased to practise as a registered foreign patent agent shall, within 7 days after his last day of practice as a registered foreign patent agent, notify the Registrar in writing of that cessation. |
(3) The Registrar shall not remove, from the register of foreign patent agents, under paragraph (1)(c) the name and other particulars of a foreign patent agent, if —(a) | any complaint has been made against the foreign patent agent, or any information has been provided in respect of the foreign patent agent, to the Disciplinary Committee under rule 17; or | (b) | any disciplinary proceedings under Part III are pending against the foreign patent agent.”. |
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