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No. S 92

Patents Act

(Chapter 221)

Patents (Patent Agents) (Amendment) Rules 2007

In exercise of the powers conferred by sections 104 and 115A of the Patents Act, the Minister for Law hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Patents (Patent Agents) (Amendment) Rules 2007 and shall come into operation on 1st April 2007.

Deletion and substitution of rule 4

2. Rule 4 of the Patents (Patent Agents) Rules 2001 (G.N. No. S 645/2001) (referred to in these Rules as the principal Rules) is deleted and the following rule substituted therefor:

“Forms

4.—(1) The Registrar shall publish in the journal —

(a)

the forms to be used for any purpose relating to —

(i)	the registration of a patent agent;
(ii)	any proceedings under Part XIX of the Act or these Rules; or
(iii)	any other matter under Part XIX of the Act or these Rules;

(b)

the Registrar’s directions relating to the use of any form referred to in sub-paragraph (a); and

(c)

any amendment or modification of any such form or direction.

(2) Any form referred to in paragraph (1)(a) may be modified on the direction of the Registrar for use in a case other than the case for which it is intended.

(3) Any reference in these Rules to any form shall be construed as a reference to the current version of that form which is —

(a)	described in the Second Schedule; and
(b)	published in the journal.”.

Amendment of rule 9

3. Rule 9 of the principal Rules is amended —

(a)

by deleting paragraph (2) and substituting the following paragraph:

“(2) Paragraph (1) shall not apply to a registered patent agent —

(a)

if —

(i)	his employer does not carry on a business, practise or act as a patent agent; and
(ii)	he intends to carry out patent agency work for his employer, and for no other person, in his capacity as employee of his employer, and in no other capacity, during the practice year; or

(b)

if —

(i)	his employer is a member of a related company group;
(ii)	his employer does not carry on a business, practise or act as a patent agent;
(iii)	any other member of the related company group does not carry on a business, practise or act as a patent agent; and
(iv)	he intends to carry out patent agency work for his employer or for that other member of the related company group, and for no other person, in his capacity as employee of his employer, and in no other capacity, during the practice year.”; and

(b)

by deleting sub-paragraph (ii) of paragraph (4)(c) and substituting the following sub-paragraph:

“(ii)

in a case where paragraph (2) applies, a written undertaking by the applicant that he will, if he is to carry out patent agency work at any time during that practice year other than in his capacity as employee of his employer for —

(A)	where paragraph (2)(a) applies, his employer; or
(B)	where paragraph (2)(b) applies, his employer or the other member of the related company group referred to in that paragraph,

take out the professional indemnity insurance referred to in paragraph (1) before he does so.”.

Deletion and substitution of Second Schedule

4. The Second Schedule to the principal Rules is deleted and the following Schedule substituted therefor:

“SECOND SCHEDULE

Rule 4(3)

Descriptions of Forms

Form

Description of Form

Application for Registration as a Patent Agent under rule 7(1)

Certificate of Good Character under rule 7(1)(c)

Application for a Practising Certificate under rule 9

Request to Correct an Error under rule 11/Notice of Change of Particulars under rule 13

Request for a Duplicate Copy of the Certificate of Registration or Practising Certificate under rule 15

Complaint against a Registered Patent Agent under rule 17

Application for the Registration of Patent Agent to be Restored under rule 22”.

Made this 28th day of February 2007.

CHAN LAI FUNG

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 18/001/006; AG/LEG/SL/221/2002/1 Vol. 6]