| 1. These Rules may be cited as the Patents Rules. |
2.—(1) In these Rules, unless the context otherwise requires —| “account holder” means a person registered as an account holder by the Registrar under rule 96D; |
| “appointed certification authority” means a certification authority appointed by the Registrar under rule 96C; |
| “authentication code” means an identification or identifying code, password or any other authentication method or procedure that may be assigned to or approved for an account holder by the Registrar; |
| “certificate of grant” means a certificate for the purposes of section 35 (1); [S 366/2004 wef 01/07/2004] |
| “certification authority” has the same meaning as in the Electronic Transactions Act; |
| “convention country” has the same meaning as in section 17(6); |
| “costs” includes fees, charges, disbursements, expenses, allowances and remuneration; |
“declared priority date” means —| (a) | the date of filing of the earliest relevant application specified in a declaration made for the purposes of section 17 where the priority date claimed in the declaration has not been lost or abandoned and where the declaration has not been withdrawn before preparations for the publication of the application in suit have been completed by the Registry in accordance with section 27; or | | (b) | where an international application for a patent (Singapore) is to be treated as an application for a patent under the Act, the date of filing of the earliest application filed in or for a country which is a convention country or which, in accordance with the law of a convention country or a treaty or international convention to which a convention country is a party, is equivalent to such an application, the priority of which is claimed in a declaration filed for the purposes of Article 8 of the Patent Co-operation Treaty, provided that such priority claim has not been lost or abandoned under the provisions of that Treaty; [S 300/2000 wef 03/07/2000] [S 324/2003 wef 01/08/2003] |
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| “electronic online system” means the electronic online system established under rule 96A; |
| “electronic signature” has the same meaning as in the Electronic Transactions Act (Cap. 88); |
| “identification name” means an identification name assigned to an account holder by the Registrar under rule 96E; |
| “online system operator” means an online system operator appointed by the Registrar under rule 96B. |
(2) In these Rules, except where otherwise indicated —| (a) | references to a section are references to that section of the Act; | | (b) | references to a rule are references to that rule in these Rules; | | (c) | references to a Schedule are references to that Schedule to these Rules; and | | (d) | references to the filing of a form or other document are references to filing it at the Registry. |
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| (3) The Examiners prescribed for the purposes of section 2 shall be the Australian Patent Office, the Austrian Patent Office and the Danish Patent and Trademark Office. [S 324/2003 wef 01/08/2003] |
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3.—(1) The fees to be paid in respect of matters arising under the Act or these Rules shall be those specified in the First Schedule.(2) Unless —| (a) | otherwise provided for in these Rules; or | | (b) | the Registrar permits or directs otherwise, |
| where a fee is specified in the First Schedule in respect of any matter, the fee shall be paid at the same time as the filing of the form corresponding to the matter. |
[S 366/2004 wef 01/07/2004] |
| (3) Unless the Registrar permits or directs otherwise, payment of a fee in connection with an act referred to in rule 96A(2) shall be made using the electronic online system if the act is carried out using that system. [S 300/2000 wef 03/07/2000] |
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4.—(1) The Registrar shall publish in the journal —| (a) | the forms to be used for any purpose relating to —| (i) | any application for or grant of a patent; | | (ii) | any proceedings before the Registrar under the Act or these Rules; or | | (iii) | any other matter under the Act or these Rules; |
| | (b) | the Registrar’s directions relating to the use of any form; and | | (c) | any amendment or modification of any such form or direction. [S 366/2004 wef 01/07/2004] |
(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. |
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(3) Any reference in these Rules to a numbered form shall be construed as a reference to the current version of the form bearing the corresponding number which is —| (a) | described in the Second Schedule; and | | (b) | published in the journal. [S 366/2004 wef 01/07/2004] |
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5. The Registrar may make an order for costs in respect of —| (a) | any of the matters set out in the first column of Part I of the Third Schedule; and | | (b) | the expenses and allowances of a person in relation to proceedings under the Act or these Rules. |
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6.—(1) Where the Registrar has made an order for costs in favour of a party to proceedings before the Registrar and the party wishes to have party and party costs taxed by the Registrar, the party shall, within one month from the date of the order for costs —| (a) | apply for the costs to be taxed by filing a copy of the bill of costs; and | | (b) | send at the same time a copy of the bill of costs to every other person entitled to be heard in the taxation proceedings. [S 366/2004 wef 01/07/2004] |
(2) Every bill of costs shall set out in 2 separate sections the following:| (a) | work done in the cause or matter; and | | (b) | all disbursements made in the cause or matter. |
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| (3) The costs claimed under paragraph (2) shall set out the sum claimed for each item. |
| (4) The bill of costs shall set out in chronological order, with dates, all relevant events in the cause or matter. |
| (5) Where costs have already been awarded for any of the events set out, this fact and the amount awarded shall be indicated. |
| (6) Any party on whom a copy of the bill of costs has been served in accordance with paragraph (1) shall, if he wishes to dispute the bill, within 14 days from the receipt of the copy of the bill, mark the copy thereof in accordance with paragraph (7) and send a copy thereof duly marked to both the Registrar and the party requesting for taxation. |
| (7) A party on whom a copy of the bill of costs has been served shall effect marking on the copy thereof served by writing on the right hand margin against each item the word “Agree” if he agrees with the cost claimed for that item or the word “Disagree” if he disagrees. |
| (8) Upon the expiry of the period of time referred to in paragraph (6), the Registrar shall give to the parties entitled to be heard in the taxation proceedings notice of the date and time appointed for taxation. |
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7.—(1) If any party entitled to be heard in any taxation proceedings does not attend at the time appointed for the taxation, the Registrar may proceed with the taxation.| (2) The Registrar may, if he thinks it is necessary to do so, adjourn the proceedings from time to time. |
| (3) The provisions relating to the scale of costs in the Third Schedule shall apply to the taxation proceedings. |
| (4) When the bill has been taxed, the Registrar shall proceed to make his certificate for the amount of the taxed costs. |
| (5) Costs awarded in proceedings before the Registrar are not intended to compensate the parties for the expense to which they have been put. |
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| International exhibitions |
8.—(1) An applicant for a patent who wishes the disclosure of matter constituting an invention to be disregarded in accordance with section 14 (4) (c) shall, within the same day of filing the application for the patent, inform the Registrar in writing that the invention has been displayed at an international exhibition.| (2) The applicant shall, within 4 months from the day of filing the application, file a certificate, issued by the authority responsible for the exhibition, stating that the invention was in fact exhibited there. |
| (3) The certificate shall also state the opening date of the exhibition and, where the first disclosure of the invention did not take place on the opening date, the date of first disclosure. |
| (4) The certificate shall be accompanied by an identification of the invention, duly authenticated by the authority. |
| (5) For the purposes of section 2 (2), a statement may be published in the Journal that an exhibition described in the statement falls within the definition of international exhibition in section 2 (1). |
| (6) In the case of an international application for a patent (Singapore), the application of this rule shall be subject to rule 86(3). |
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9.—(1) A declaration claiming priority for the purpose of section 17 shall be made within the same day of filing the application for a patent (“the application in suit”) and shall state the date of filing of any application specified in the declaration and the country in or for which it was filed.| (2) Subject to rule 28, where the application in suit is for a patent under the Act, the applicant shall, within 16 months from the declared priority date, furnish to the Registry in respect of every application specified in the declaration its file number. |
(2A) Where the Registrar, by notice sent to the applicant or proprietor, requires him to furnish to the Registry, in respect of any application specified in the declaration, a copy of that application which is —| (a) | duly certified by the authority with which it was filed; or | | (b) | otherwise acceptable to the Registrar, |
| the applicant or proprietor, as the case may be, shall comply with the Registrar’s requirement within 2 months from the date of the notice. |
[S 366/2004 wef 01/07/2004] |
(3) Where an application specified in the declaration is an application for a patent under the Act or an international application for a patent which is filed at the Registry, the applicant or proprietor may file —| (a) | a request that a copy of the application specified in the declaration be prepared for use in the Registry; and | | (b) | Patents Form 26 requesting the Registrar to certify the same. [S 366/2004 wef 01/07/2004] |
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| (4) Where the application in suit is an international application for a patent (Singapore) which is to be treated as an application for a patent under the Act, the requirements of paragraphs (1) and (2) shall be treated as having been complied with to the extent that the requirements of rule 4.10 (a) and (b), read subject to rules 26bis.1 and 26bis.2 (b), of the Regulations under the Patent Co-operation Treaty have been fulfilled. [S 366/2004 wef 01/07/2004] |
(5) Where —| (a) | a copy of an application is filed under paragraph (2A), (3) or (4); | | (b) | that application is in a language other than English; | | (c) | the validity of the claim to priority is relevant to determining whether the invention concerned is patentable; and | | (d) | the Registrar, by notice sent to the applicant or proprietor, requires him to furnish to the Registry an English translation of that application, |
| the applicant or proprietor, as the case may be, shall comply with the Registrar’s requirement within 2 months from the date of the notice. |
[S 366/2004 wef 01/07/2004] |
| (6) The translation referred to in paragraph (5) shall be verified to the satisfaction of the Registrar as corresponding to the original text. |
(7) If —| (a) | the applicant fails to comply with paragraph (2); or | | (b) | the applicant or proprietor fails to comply with any requirement under paragraph (2A) or (5), |
| within the time specified or as extended under rule 108, the claim to priority shall be deemed to be relinquished. |
[S 366/2004 wef 01/07/2004] |
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