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Home > Legislation > IP Legislation > Legislation Updates

Legislation Update 2003

Patents (Amendment No. 3) Rules 2003

These Rules came into operation on 1 January 2004. A copy of the Patents (Amendment No. 3) Rules 2003 can be purchased online at SNP Corporation Ltd. The following is a brief summary of some of the amendments:

National Phase entry under Chapter I of the Patent Cooperation Treaty
With effect from 1 January 2004 and subject to other conditions mentioned in the Patents (Amendment No.3) Rules 2003, the prescribed period for the purpose of national phase entry under Chapter I of the Patent Cooperation Treaty is 30 months from the relevant date.

Filing of Request for an Examination Report under Section 29(10)
With effect from 1 January 2004 and subject to other conditions mentioned in the Patent (Amendment No.3) Rules 2003, the prescribed period for filing a request for an examination report under section 29(10) of the Patents Act is 32 months from the relevant date.

Patents (Amendment No. 2) Rules 2003
These Rules shall be deemed to have come into operation on 31 July 2002. A copy of the Patents (Amendment No.2) Rules 2003 can be purchased online at SNP Corporation Ltd. In brief, these amendments are consequential to the 2002 Revised Edition of the Patents Act.

Patents (Amendment) Rules 2003
These amendments came into operation on 1 August 2003. A copy of the Patents (Amendment) Rules 2003 can be purchased online at SNP Corporation Ltd. The following is a brief summary of some of the amendments:

Submission of Verified English Translation of Priority Application
With effect from 1 August 2003, applicants would need to furnish an English translation of a priority application only upon request from the Registrar of Patents. The applicants would then be required to furnish such a translation, verified to the satisfaction of the Registrar, within two months from the date of the notice of the request by the Registrar.

E-filing of Patents Forms PF1, PF8, PF10, PF11, PF13, PF14, PF15, PF16, PF21, PF23, PF25, PF 26 (except for a request under Rule 118 of the Patents Rules, which will continue to be accepted on paper Patents Form 26), PF38, PF 41, PF44, PF45, PF47 and PF53
With effect from 1 August 2003, applicants will be required to file the above-mentioned patents forms through IPOS's Electronic Online System (EOS). IPOS will continue to accept filing of these patents forms manually via its Service Bureau. However, these filings are subject to a surcharge. For more details on the EOS, please refer to the epatents website.

Patents Deposit Box
A Patents Deposit Box will be made available after business hours for submission of documents relating to patent applications. The Patent Deposit Box is located at the entrance of the forth floor office of IPOS.

For more information pertaining to EOS and the Patents Deposit Box, please refer to the Practice Directions relating to Patents & Application.


Trade Marks (Amendment) Rules 2003

These amendments came into operation on 15 October 2003. A copy of the Trade Marks (Amendment) Rules 2003 can be purchased online at SNP Corporation Ltd. It is also available at the web-site of (www.egazette.com.sg) for a limited period. The following is a brief summary of some of the amendments:

E-filing of Forms TM 22 and TM 27
With effect from 15 October 2003, E-filing may be used as an alternative mode of filing Forms TM 22 and 27.

Authentication through SingPass is required for e-filing of TM 22, failing which the application has to be supported by documentary evidence or, as appropriate, Statutory Declaration.

Trade Marks Consisting/Containing of Words/Symbols Such as "Registered", "Patented", "Registered Design", etc
It is no longer obligatory for the Registrar to refuse to register trade marks consisting/containing words/symbols such as "Registered", "Patented", "Registered Design", etc.

Where the application is for/amendment relates to the representation of a trade mark that is in colour
Where the application is for a trade mark that is in colour, the application must be accompanied by five artwork copies of the mark in colour. The same applies to an amendment that relates to the representation of a trade mark that is in colour.

Extension of Time in Opposition Proceedings or Under Rule 77
Before seeking to file a request for extension of time in opposition proceedings or under Rule 77, the person seeking extension must first serve notice on the other side to inform them of his intention to seek extension. This amendment provides that the Registrar may, if good and sufficient reason is shown for the extension, grant the extension if the person whose consent is sought did not consent or refuses to consent within two weeks of the notice.

Restoration of Registration
An application for restoration of registration via Form TM 21 need not be accompanied by a Statutory Declaration stating the reasons for the restoration. Form TM 21 has been amended to include a box for the reasons to be provided.

New Form TM 20 Rule
Presently under Rule 55, the recording of the making of an assent by personal representative or an order of the Court or other competent authority is filed on Form TM 46. As the types of transactions by personal representatives and under Orders of Court are quite varied and may involve a change of ownership, a different form is more appropriate. The fees for filing the form remains the same.

Amendment of Forms TM 1, TM 4, TM 9, TM 11, TM 12, TM 13, TM 14, TM 15, TM 16, TM 21, TM 22, TM 23, TM 46 and TM 48

Slight changes have been made to Forms TM 1, TM 4, TM 9, TM 11, TM 12, TM 13, TM 14, TM 15, TM 16, TM 21, TM 22, TM 23, TM 46 and TM 48.
   
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