| Application for grant of patent |
19.—(1) A request for the grant of a patent shall be made on Patents Form 1.| (2) Where a document containing an indication that a patent is sought in pursuance of an application is filed with the Registrar without Patents Form 1 or the filing fee, the Form shall be filed with, and the fee shall be paid to, the Registry within one month from the date of the filing of the document. |
| (3) The specification contained in an application for a patent made under section 25 shall state the title of the invention and continue with the description and the claim or claims and the drawings, if any, in that order. |
| (4) The title appearing in the request and the specification shall be the same title, shall be short and precise, and shall indicate the matter to which the invention relates; and if in the opinion of the Registrar it fails to comply with this paragraph, the Registrar may reframe it so that it does so comply. [S 81/2014 wef 14/02/2014] |
(5) The description shall first state the title of the invention as appearing in the request and shall —| (a) | specify the technical field to which the invention relates; | | (b) | indicate the background art which, as far as it is known to the applicant, can be regarded as useful for the understanding, searching and examination of the invention; | | (c) | disclose the invention as claimed in such terms that the technical problem, even if not expressly stated as such, and its solution can be understood, and shall state the advantageous effects, if any, of the invention with reference to the background art; | | (d) | briefly describe the figures in the drawings, if any; | | (e) | set forth at least one mode for carrying out the invention claimed, with examples where appropriate, and with reference to the drawings, if any; and | | (f) | indicate explicitly, when it is not otherwise obvious from the description or the nature of the invention, the way or ways in which the invention satisfies the condition in section 13(1)(c) of being capable of industrial application. |
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| (6) The number of claims shall be reasonable in consideration of the nature of the invention claimed. [S 81/2014 wef 14/02/2014] |
| (6A) Where there are 2 or more claims, the claims shall be numbered consecutively in Arabic numerals. [S 81/2014 wef 14/02/2014] |
| (7) The definition in the claim of the matter for which protection is sought shall be in terms of the technical features of the invention which may be expressed in structural, functional or mathematical terms. |
(8) Claims shall be written —| (a) | in 2 parts, the first part consisting of a statement indicating those technical features of the invention which are necessary in connection with the definition of the claimed subject-matter and which, in combination, appear to be part of the prior art and the second part preceded by the words “characterised in that”, “characterised by”, “wherein the improvement comprises”, or other words to the same effect, followed by a statement stating concisely the technical features which, in combination with the features stated in the first part, define the matter for which protection is sought; or | | (b) | in a single statement containing a recitation of a combination of several elements or steps, or a single element or step, which defines the matter for which protection is sought. |
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| (9) Claims shall not rely, in respect of the technical features of the invention, on references to the description or drawings, unless such a reference is necessary for the understanding of the claim or enhances the clarity or conciseness of the claim. |
| (9A) The applicant making the request under paragraph (1) may, at the time of making the request, provide the information mentioned in section 24(2). [S 688/2021 wef 01/10/2021] |
(10) Where —| (a) | the documents filed at the Registry to initiate an application for a patent include something which —| (i) | is or appears to be a description of the invention for which the patent is sought; and | | (ii) | is in a language other than English; and |
| | (b) | the applicant has not filed an English translation of that thing, |
| the Registrar shall notify the applicant that an English translation of that thing is required. |
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| (11) Where the applicant has been notified under paragraph (10), he shall, within 2 months from the date of the notification, file an English translation of that thing. |
| (12) If the applicant fails to comply with paragraph (11), the Registrar shall refuse his application for a patent. |
| (13) A request to withdraw an application for a patent shall be made by filing Form CM9. [S 81/2014 wef 14/02/2014] |
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| Description of patent that discloses sequence |
19A.—(1) Where an application for a patent discloses a sequence, the description of the application for the patent must include a sequence listing, presented as a separate part of the description and in a manner that complies with the practice directions issued by the Registrar.(2) Where an application for a patent discloses a sequence and —| (a) | a sequence listing is not included in the description of the application for the patent; or | | (b) | the sequence listing that is included is not presented in a manner that complies with the practice directions issued by the Registrar, |
| the Registrar may invite the applicant to submit, for the purposes of the search and within the period specified in the invitation, a sequence listing presented in a manner that complies with the practice directions issued by the Registrar. |
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(3) If the applicant does not, within the period specified in the invitation given under paragraph (2), submit the required sequence listing, the Examiner need only search the application to the extent that a meaningful search may be carried out —| (a) | without the sequence listing; or | | (b) | with the sequence listing mentioned in paragraph (2)(b), |
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| (4) Any sequence listing not included in the description of an application for a patent on the date of filing of the application as defined in section 2(1), including a sequence listing submitted pursuant to paragraph (2), does not form part of the application for the patent. |
| (5) To avoid doubt, paragraph (4) does not prevent the applicant from amending or correcting, in accordance with any provision of the Act or these Rules, the description of an application for a patent in relation to a sequence listing. [S 399/2022 wef 26/05/2022] |
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| 20. The Fourth Schedule shall have effect in relation to certain applications for patents, and granted patents, for inventions which require for their performance the use of micro-organisms. |
21.—(1) Drawings forming part of an application for a patent made under section 25 shall be on sheets the size of which shall be A4 (29.7 cm x 21 cm).| (2) The sheets shall not contain frames round the usable or used surface. |
(3) The minimum margins shall be as follows:| (a) | top: 2.5 cm; | | (b) | left side: 2.5 cm; | | (c) | right side: 1.5 cm; and | | (d) | bottom: 1.0 cm. |
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| (4) The margins, when submitted, must be completely blank. |
(5) Drawings shall be executed as follows:| (a) | without colouring in durable, black, sufficiently dense and dark, uniformly thick and well-defined lines and strokes to permit satisfactory reproduction; | | (b) | cross-sections shall be indicated by oblique hatching which should not impede the clear reading of the reference signs and leading lines; | | (c) | the scale of the drawings and the distinctiveness of their graphical execution shall be such that a photographic reproduction with a linear reduction in size to two-thirds would enable all details to be distinguished without difficulty. If, as an exception, the scale is given on a drawing, it shall be represented graphically; | | (d) | all numbers, letters and reference lines, appearing on the drawings, shall be simple and clear and brackets, circles and inverted commas shall not be used in association with numbers and letters; | | (e) | each element of each figure shall be in proper proportion to each of the other elements in the figure, except where the use of a different proportion is indispensable for the clarity of the figure; | | (f) | the height of the numbers and letters shall not be less than 0.32 cm and for the lettering of drawings, the Latin and, where customary, the Greek alphabets shall be used; | | (g) | the same sheet of drawings may contain several figures; where figures drawn on 2 or more sheets are intended to form one whole figure, the figures on the several sheets shall be so arranged that the whole figure can be assembled without concealing any part of the partial figures; and the different figures shall be arranged without wasting space, clearly separated from one another and shall be numbered consecutively in Arabic numerals, independently of the numbering of the sheets; | | (h) | reference signs not mentioned in the description or claims shall not appear in the drawings, and vice versa; and the same features, when denoted by reference signs, shall throughout the application, be denoted by the same signs; | | (i) | the drawings shall not contain textual matter, except, when required for the understanding of the drawings, a single word or words such as “water”, “steam”, “open”, “closed”, “section on AA”, and in the case of electric circuits and block schematic or flow sheet diagrams, a few short catchwords; and | | (j) | the sheets of drawings shall be numbered in accordance with rule 23(13) and (14). |
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| (6) Flow sheets and diagrams shall be considered drawings for the purposes of these Rules. |
| (7) Paragraphs (1) to (4) and (5)(f), (g) and (j) shall not apply to any drawing to be filed with the Registry using the electronic online system, and that drawing shall instead comply with practice directions issued by the Registrar in place of the requirements of those paragraphs. [S 324/2003 wef 01/08/2003] |
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22.—(1) [Deleted by S 81/2014 wef 14/02/2014]| (2) The abstract shall contain a concise summary of the disclosure as contained in the specification. |
| (3) The summary shall indicate the technical field to which the invention belongs and be drafted in such a way which allows a clear understanding of the technical problem to which the invention relates, the gist of the solution of that problem through the invention, and the principal use or uses of the invention. |
| (4) Where appropriate, the abstract shall also contain the chemical formula which, among those contained in the specification, best characterises the invention but shall not contain statements on the alleged merits or value of the invention or on its speculative application. |
| (5) The abstract shall be as concise as the disclosure permits and shall normally not contain more than 150 words. |
| (6) If the specification contains any drawings, the applicant shall indicate on the abstract the figure or, exceptionally, the figures (which must in no case exceed 2) of the drawings which he suggests should accompany the abstract when published. [S 399/2022 wef 26/05/2022] |
| (7) The Registrar may decide to publish one or more other figures if he considers that they better characterise the invention. |
| (8) Each main feature mentioned in the abstract and illustrated by a drawing shall be followed by the reference sign used in that drawing. |
| (9) The abstract shall be so drafted that it constitutes an efficient instrument for the purposes of searching in the particular technical field, in particular by making it possible to assess whether there is a need to consult the specification itself. |
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| Size and presentation of documents |
23.—(1) Subject to paragraph (29), this rule shall apply to all documents (including drawings) making up an application for a patent, including any replacement thereof, to be filed with the Registry by any means.| (1A) All documents referred to in paragraph (1) shall be in English. |
| (2) Unless otherwise provided, the specification (including any drawing therein), abstract and any replacement sheet thereof shall be filed singly. |
| (3) All documents referred to in paragraph (1) shall be so presented as to permit direct reproduction by photography, electrostatic or electronic processes, scanning, photo offset and microfilming, in an unlimited number of copies. |
| (4) All sheets must be free from cracks, creases and folds. |
| (5) Only one side of the sheet shall be used. |
| (6) All documents referred to in paragraph (1) shall be in A4 paper size (29.7 cm x 21 cm) and shall be on pliable, strong, white, smooth, matt and durable paper. |
| (7) Each sheet (other than drawings) shall be used with its short sides at the top and bottom (upright position). |
| (8) The request for the grant of a patent, the description, claims, drawings and abstract shall each commence on a new sheet. |
| (9) The sheets shall be so connected that they can be easily turned when consulted, and easily separated and joined again if they have been separated. |
(10) The minimum margins of the sheets containing the description, the claims and the abstract shall be as follows:| (a) | top: 2.0 cm; | | (b) | left side: 2.5 cm; | | (c) | right side: 2.0 cm; and | | (d) | bottom: 2.0 cm. |
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| (11) The margins of the documents making up the application, when filed, and of any replacement documents, must be completely blank. |
(12) In the application, except in the drawings —| (a) | all sheets in the request shall, when filed, be numbered consecutively; and | | (b) | all other sheets shall, when filed, be numbered consecutively as a separate series, |
| and all such numbering shall be in Arabic numerals placed at the top or bottom of the sheet, in the middle, but not in the top or bottom margin. |
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| (13) All sheets of drawings contained in the application shall be numbered consecutively as a separate series. |
| (14) Such numbering shall be in Arabic numerals placed at the top or bottom of the sheet, in the middle, but not in the top or bottom margin. |
| (15) Every document (other than drawings) referred to in paragraph (1) shall be typed or printed in a dark, indelible colour in at least 1½ line spacing and in characters of which the capital letters are not less than 0.21 cm high except that graphic symbols and characters and chemical and mathematical formulae may be written or drawn, in a dark indelible colour. |
| (16) The request for the grant of a patent, the description, claims and abstract shall not contain drawings. |
| (17) The description, claims and abstract may contain chemical or mathematical formulae. |
| (18) The description and the abstract may contain tables. |
| (19) The claims may contain tables only if their subject-matter makes the use of tables desirable. |
| (20) In all documents referred to in paragraph (1), units of weights and measures shall be expressed in terms of the metric system. |
| (21) If a different system is used, units of weights and measures shall also be expressed in terms of the metric system. |
| (22) Temperatures shall be expressed in degrees Celsius. |
| (23) For the other physical values, the units recognised in international practice shall be used, for mathematical formulae the symbols in general use, and for chemical formulae the symbols, atomic weights and molecular formulae in general use shall be employed. |
| (24) In general, use should be made of technical terms, signs and symbols generally accepted in the field in question. |
| (25) If a formula or symbol is used in the specification, a copy thereof, prepared in the same manner as drawings, shall be furnished if the Registrar so directs. |
| (26) The terminology and the signs shall be consistent throughout the application. |
| (27) All documents referred to in paragraph (1) shall be reasonably free from deletions and other alterations, over-writings and interlineations and shall, in any event, be legible. |
| (28) Non-compliance with this rule may be authorised by the Registrar if the authenticity of the content is not in question and the requirements for good reproduction are not in jeopardy. |
| (29) Paragraphs (2) and (4) to (15) shall not apply to any document to be filed with the Registry using the electronic online system, and that document shall instead comply with practice directions issued by the Registrar in place of the requirements of those paragraphs. |
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| Form of statements, counter-statements and evidence |
| 24. Rule 23(3) to (7) shall apply, with the necessary modifications, to any statement, counter-statement or evidence filed, unless the Registrar directs otherwise. [S 366/2004 wef 01/07/2004] |
25.—(1) Without prejudice to the generality of section 25 (5) (d), where 2 or more inventions are claimed (whether in separate claims or as alternatives within a single claim), such inventions shall be treated as being so linked as to form a single inventive concept only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features.| (2) In this rule, “special technical features” means those technical features which define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art. |
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| Certain matters prescribed under section 26 |
26.—(1) The information on an earlier relevant application prescribed for the purposes of section 26 (1)(c)(ii)(B) shall be —| (a) | the date of filing of the earlier relevant application; and | | (b) | the country in or for which the earlier relevant application was made. |
| (2) The period prescribed for the purposes of section 26(3)(b) shall be 2 months from the date of the Registrar’s notification under section 26(3)(a). |
(3) The period prescribed for the purposes of section 26(7) shall be —| (a) | subject to sub-paragraph (b), 3 months from the date of filing of the application for a patent; or | | (b) | where a new application has been filed under section 20(3), 26(11) or 47(4), 3 months from the initiation date. |
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(4) The documents prescribed for the purposes of section 26(7)(c) are —| (a) | a copy of the earlier relevant application mentioned in section 26(1)(c)(ii)(C) that is —| (i) | duly certified by the authority with which it was filed; or | | (ii) | otherwise acceptable to the Registrar; |
| | (b) | where the earlier relevant application is in a language other than English — an English translation of that earlier relevant application; and | | (c) | Patents Form 56. [S 399/2022 wef 26/05/2022] |
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| (4A) Paragraph (4)(a) or (b) does not apply if a copy of the earlier relevant application or an English translation of the earlier relevant application (as the case may be) had previously been filed at the Registry. [S 399/2022 wef 26/05/2022] |
(5) The period prescribed for the purposes of section 26(12)(a) shall be —| (a) | subject to sub-paragraph (b) —| (i) | where there is no declared priority date, 12 months from the date of filing of the application for a patent; or | | (ii) | where there is a declared priority date, whichever following period expires later:| (A) | 12 months from the declared priority date; or | | (B) | 2 months from the date of filing of the application; or |
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| | (b) | where a new application has been filed under section 20(3), 26(11) or 47(4), 2 months from the initiation date. |
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26A.—(1) The period prescribed for the purposes of section 26(8) shall be —| (a) | if the applicant makes a request under section 26(9)(b)(i) —| (i) | subject to sub-paragraph (ii), 3 months from the date of filing of the application for a patent; or | | (ii) | where a new application has been filed under section 20(3), 26(11) or 47(4), 3 months from the initiation date; or |
| | (b) | if the applicant does not make any request under section 26(9)(b)(i), any time before the applicant —| (i) | files a request for a search report under section 29(1)(a); | | (ii) | files a request for a search and examination report under section 29(1)(b); | | (iii) | files a request for an examination report under section 29(1)(c); or | | (iv) | files a request for a supplementary examination report under section 29(1)(d). [S 81/2014 wef 14/02/2014] |
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| (2) For the purposes of section 26(8), any missing part of an application for a patent shall be filed on Patents Form 56. [S 81/2014 wef 14/02/2014] |
| (3) An applicant may only withdraw a missing part by giving written notice to the Registrar. |
(4) The period prescribed for the purposes of section 26(9)(b) shall be —| (a) | subject to sub-paragraph (b), 3 months from the date of filing of the application for a patent; or | | (b) | where a new application has been filed under section 20(3), 26(11) or 47(4), 3 months from the initiation date. |
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(5) Any request under section 26(9)(b) (i) shall —| (a) | be made at the time the applicant files any missing part of the application under section 26(8); | | (b) | be accompanied by —| (i) | the statement under section 26(9)(b)(ii); | | (ii) | the information under section 26(9)(b)(iii); and | | (iii) | the documents under section 26(9)(b)(iv); and |
| | (c) | be considered never to have been made unless every requirement under section 26(9) has been complied with. |
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(6) The information on an earlier relevant application prescribed for the purposes of section 26(9)(b)(iii) shall be —| (a) | the date of filing of the earlier relevant application; | | (b) | the application or file number of the earlier relevant application; and | | (c) | the country in or for which the earlier relevant application was made. |
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(7) The documents prescribed for the purposes of section 26(9)(b)(iv) are —| (a) | a copy of the earlier relevant application mentioned in section 26(9)(a) that is —| (i) | duly certified by the authority with which it was filed; or | | (ii) | otherwise acceptable to the Registrar; and |
| | (b) | where the earlier relevant application is in a language other than English — an English translation of that earlier relevant application or of every part of that earlier relevant application in which the missing part of the application for a patent is contained. [S 399/2022 wef 26/05/2022] |
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| (8) Paragraph (7)(a) or (b) does not apply if a copy of the earlier relevant application, or an English translation of the earlier relevant application or of every part of the earlier relevant application in which the missing part of the application for a patent is contained (as the case may be), had previously been filed at the Registry. [S 399/2022 wef 26/05/2022] |
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| New applications under section 26(11) |
27.—(1) Subject to paragraphs (2) and (3), a new application for a patent which includes a request that it be treated as having as its date of filing the date of filing of an earlier application may be filed in accordance with section 26(11) —| (a) | of the applicant’s own volition; or | | (b) | to comply with the requirements of section 25(5)(d). [S 81/2014 wef 14/02/2014] |
| (1A) [Deleted by S 81/2014 wef 14/02/2014] |
| (2) Where possible, the description and drawings of the earlier application and the new application shall respectively relate only to the matter for which protection is sought by that application. |
| (3) Where it is necessary for an application to describe the matter for which protection is sought by another application, it shall include a reference by number to that other application. |
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| Extension of period for filing new applications |
28. Where a new application is filed under section 20(3), 26(11) or 47(4) —| (a) | the requirement under rule 9(1) shall be complied with on the initiation date; | | (b) | after the expiry of the period referred to in rule 9(2)(b), the requirements under rule 9(2)(c) and (d) shall be complied with on the initiation date; | | (c) | after the expiry of the period referred to in rule 9(3)(a), the requirements under rule 9(3)(b) and (c) shall be complied with on the initiation date; | | (d) | after the expiry of the period referred to in rule 9A(2)(a), the requirements under rule 9A(2)(b), (c) and (d) shall be complied with on the initiation date; | | (e) | after the expiry of the period referred to in rule 9B(1), the requirement under rule 9B(1) shall be complied with on the initiation date; | | (f) | after the expiry of the period referred to in rule 18(1), the requirement under section 24(2) read with rule 18(1A) shall be complied with on the initiation date; and | | (g) | the requirements under paragraph 1(2)(a)(ii) and (3) of the Fourth Schedule, in a case to which they apply, shall be complied with on or before the time ascertained under paragraph 1(3) of that Schedule or the initiation date, whichever is the later. |
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| Publication of applications |
29.—(1) Subject to paragraphs (2), (3) and (4), an application for a patent shall be published for the purposes of section 27 as soon as possible after the expiration of 18 months from the declared priority date or, where there is no declared priority date, the date of filing the application.| (2) Where a new application is filed under section 20(3), 26(11) or 47(4), as the case may be, the period prescribed for the purposes of section 27 shall be 18 months from the declared priority date for the earlier application or, where there is no declared priority date, the date of filing the earlier application. |
| (3) A request for early publication of an application in accordance with section 27(2) shall be made on Patents Form 9. |
(4) No application for a patent may be published if it is —| (a) | withdrawn by filing Form CM9; or [S 81/2014 wef 14/02/2014] | | (b) | treated as having been abandoned or refused, |
| earlier than one month preceding the expiration of the time period applicable under paragraph (1) or (2). |
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| Completion of preparations for publication |
| 30. The Registrar may determine when the preparations for publication of an application for a patent are to be treated as having been completed. |
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