PART II | registration of patent agents and foreign patent agents |
| Register of patent agents and register of foreign patent agents |
5.—(1) The Registrar shall keep and maintain a register of patent agents which shall contain —| (a) | the names and practice addresses in Singapore of all individuals registered as patent agents under these Rules; | | (b) | the dates of their registration; | | (c) | the terms of practising certificates issued to them (if any); and | | (d) | such of their other particulars as the Registrar may determine. |
(1A) The Registrar shall keep and maintain a register of foreign patent agents which shall contain —| (a) | the names and practice addresses in Singapore of all individuals registered as foreign patent agents under these Rules; | | (b) | the dates of their registration; | | (c) | the terms of foreign patent agent certificates issued to them; and | | (d) | such of their other particulars as the Registrar may determine. |
[S 80/2014 wef 14/02/2014] |
| (2) The register of patent agents and the register of foreign patent agents need not be kept in documentary form. [S 80/2014 wef 14/02/2014] |
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| Eligibility to apply for registration as patent agent |
6.—(1) Subject to rule 8, an individual is eligible to apply for registration as a patent agent if the individual —| (a) | is resident in Singapore; and | | (b) | satisfies all of the requirements in paragraph (2) or (3), whichever is applicable. |
(2) Unless the individual applies for registration as a patent agent on the basis that the individual has worked in Singapore as an Examiner, the requirements mentioned in paragraph (1)(b) are that the individual —| (a) | holds a university degree or equivalent qualification approved by the Registrar; | | (b) | has passed a course specified in Part 1 of the Third Schedule; | | (c) | has passed the examination specified in Part 2 of the Third Schedule; and | | (d) | has completed internship in patent agency work under the supervision of a relevant person for —| (i) | a continuous period of at least 12 months; or | | (ii) | a total period of at least 12 months within a continuous period of 24 months. |
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(3) Where the individual applies for registration as a patent agent on the basis that the individual has worked in Singapore as an Examiner, the requirements mentioned in paragraph (1)(b) are that the individual —| (a) | has worked in Singapore, on or after 1 June 2013, as an Examiner for a period of at least 7 years in aggregate; | | (b) | has obtained a certificate of good performance in Form I issued by the individual’s employer in respect of the individual’s work as an Examiner during the period mentioned in sub‑paragraph (a); | | (c) | has passed the course specified in Part 3 of the Third Schedule; and | | (d) | has passed the examination specified in Part 4 of the Third Schedule. |
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(4) In paragraph (2)(d), “relevant person” means —| (a) | a registered patent agent; or | | (b) | an individual registered as a patent agent or its equivalent in a country or territory, or by a patent office, specified in the Fourth Schedule. [S 147/2017 wef 01/05/2017] |
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| Application for registration as patent agent |
7.—(1) An application for registration as a patent agent shall be made to the Registrar in Form A, and shall be accompanied by —| (a) | the applicable fee in the First Schedule; | | (b) | the necessary documentary proof of the applicant’s eligibility to apply to be registered; and [S 147/2017 wef 01/05/2017] | | (c) | 2 certificates of good character of the applicant in Form B by 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 Singapore. [S 80/2014 wef 14/02/2014] |
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[S 80/2014 wef 14/02/2014] | (2) The Registrar may require the applicant to furnish, within a specified period, such further evidence or information as he considers necessary to determine if the applicant is eligible to apply to be registered as a patent agent. [S 80/2014 wef 14/02/2014] [S 147/2017 wef 01/05/2017] |
| (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) Subject to rule 8, the Registrar shall, if satisfied that the applicant is eligible to apply to be registered as a patent agent and is of good character, register the applicant as a patent agent by issuing to him a certificate of registration and entering his name and particulars in the register of patent agents. [S 80/2014 wef 14/02/2014] [S 147/2017 wef 01/05/2017] |
| (5) The Registrar may, before registering the applicant as a patent agent, require him to satisfy, within a specified period, such conditions as the Registrar considers appropriate. [S 80/2014 wef 14/02/2014] |
| (6) The Registrar may subject the registration of the applicant as a patent agent to such conditions as the Registrar considers appropriate. [S 80/2014 wef 14/02/2014] |
| (7) Subject to rule 8, an application for registration as a patent agent shall be refused if it is not made in accordance with this rule. [S 80/2014 wef 14/02/2014] |
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8.—(1) The Registrar may, upon the written request of an applicant for registration as a patent agent, register the applicant as a patent agent —| (a) | notwithstanding rule 6(2)(b) or (3)(c) if he is satisfied that the applicant is sufficiently proficient in the law of intellectual property; [S 147/2017 wef 01/05/2017] | | (b) | notwithstanding rule 6(2)(c) or (3)(d) if he is satisfied that the applicant is sufficiently proficient in the law of patents and has the necessary knowledge and practical experience to carry out patent agency work; and [S 147/2017 wef 01/05/2017] | | (c) | notwithstanding rule 6(2)(d) if he is satisfied that the applicant has the necessary knowledge and practical experience to carry out patent agency work, gained from carrying out such work under the supervision of a registered patent agent, or an individual registered as a patent agent or its equivalent in a country or territory, or by a patent office, specified in the Fourth Schedule. [S 147/2017 wef 01/05/2017] |
[S 80/2014 wef 14/02/2014] | (2) The Registrar may require the applicant to furnish, within a specified period, such further evidence or information as he considers necessary for the purposes of his determination under paragraph (1). |
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| Application for practising certificate |
9.—(1) A registered patent agent who wishes to obtain a practising certificate for any practice year shall, before making an application for the certificate, ensure that professional indemnity insurance has been obtained against any liability incurred by him when carrying out patent agency work in that practice year, where the amount of insurance cover is at least $1 million for each claim.(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. [S 92/2007 wef 01/04/2007] |
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| (3) An application for a practising certificate shall not be made earlier than 2 months before the commencement of the practice year in question. |
(4) The application shall be made to the Registrar in Form C, 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 practising certificate; | | (b) | a declaration in writing stating —| (i) | the applicant’s 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 by virtue of which he was registered as a patent agent; and [S 80/2014 wef 14/02/2014] | | (vii) | in a case where paragraph (1) applies, that he has ensured that the professional indemnity insurance referred to in that paragraph has been obtained; and [S 566/2009 wef 15/12/2009] |
| | (c) | either of the following:| (i) | in a case where paragraph (1) applies, a written undertaking by the applicant that —| (A) | 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 [S 566/2009 wef 15/12/2009] | | (B) | 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; [S 566/2009 wef 15/12/2009] |
| | (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, |
| ensure that the professional indemnity insurance referred to in paragraph (1) has been obtained, before he does so. |
[S 92/2007 wef 01/04/2007] |
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| (5) The Registrar may require the registered patent agent to furnish, within a specified period, such other evidence or information as the Registrar considers necessary for the purposes of the application. [S 80/2014 wef 14/02/2014] |
| (6) The Registrar shall, if satisfied that the application is made in accordance with this rule, issue the practising certificate. |
| (7) The issue of a practising certificate may be subject to such conditions as the Registrar may specify. |
| (8) In this rule, “related company group” means a group of 2 or more corporations within the meaning of the Companies Act (Cap. 50) which are related to each other in accordance with section 6 of that Act. |
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| Term of practising certificate |
10.—(1) A practising certificate issued to a registered patent agent under rule 9 —| (a) | shall be in force from —| (i) | the date of its issue; or | | (ii) | if it is applied for before the beginning of the practice year in question, the first day of the practice year; and |
| | (b) | shall cease to be in force —| (i) | when the registered patent agent ceases to practise or to be employed as a registered patent agent; | | (ii) | upon the occurrence of any of the following events:| (A) | the registered patent agent ceases to be resident in Singapore; | | (B) | the registered patent agent has been convicted of an offence under the Act; | | (C) | the registered 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; [S 80/2014 wef 14/02/2014] | | (D) | the registered patent agent ceases to meet any requirement of these Rules by virtue of which he was registered; or | | (E) | in a case where rule 9(1) applies to the registered patent agent, the professional indemnity insurance referred to therein has not been obtained or has expired; or |
| | (iii) | when the Registrar subsequently issues another practising certificate to the registered patent agent. [S 566/2009 wef 15/12/2009] |
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| (2) Where the registration of a patent agent has been cancelled or suspended under rule 20, any practising certificate issued to him shall be treated as cancelled and he shall immediately surrender the certificate to the Registrar. |
| (3) Any person who without lawful excuse contravenes paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. |
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| 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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[S 80/2014 wef 14/02/2014] |
| 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. |
[S 80/2014 wef 14/02/2014] |
| 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. |
[S 80/2014 wef 14/02/2014] |
| 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. |
[S 80/2014 wef 14/02/2014] |
| 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. [S 80/2014 wef 14/02/2014] |
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| Correction of errors in documents filed |
11.—(1) A request to correct a clerical error or mistake in any document filed with the Registrar under these Rules shall be made by filing with him Form D and by paying the applicable fee specified in the First Schedule. | (2) The Registrar may require the person making the request to furnish, within a specified period, such other evidence or information as the Registrar considers necessary to determine if the correction should be made. |
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| Correction of errors in register of patent agents or register of foreign patent agents |
| 12. The Registrar may, whether or not on his own initiative, if satisfied that any entry in the register of patent agents, or in the register of foreign patent agents, has been made in error or that any entry is incorrect, delete or correct the same. [S 80/2014 wef 14/02/2014] |
| 13.—(1) A registered patent agent or registered foreign patent agent shall, within one week of any change in his name or practice address, give notice to the Registrar of the change by filing with the Registrar Form D and paying the fee specified in the First Schedule. [S 80/2014 wef 14/02/2014] | (2) Upon receipt of the matters referred to in paragraph (1), the Registrar shall update the entry in the register of patent agents or the register of foreign patent agents, as the case may be, accordingly. [S 80/2014 wef 14/02/2014] |
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| Inspection of register of patent agents or register of foreign patent agents |
| 14. Any person may, subject to such conditions as the Registrar may specify, inspect, search or retrieve information from the register of patent agents or the register of foreign patent agents. [S 80/2014 wef 14/02/2014] |
| 15.—(1) If a certificate of registration, practising certificate or foreign patent agent certificate has been lost, destroyed or defaced or becomes obliterated so that any information on such certificate is illegible, the holder thereof shall immediately notify the Registrar by filing Form E and by paying the applicable fee in the First Schedule. [S 80/2014 wef 14/02/2014] | (2) Subject to paragraphs (3) and (4), the Registrar may issue a duplicate of such certificate to the holder. |
| (3) In the case of a certificate of registration, practising certificate or foreign patent agent certificate that has been defaced or become obliterated, no duplicate of such certificate shall be issued unless the original is first returned to the Registrar. [S 80/2014 wef 14/02/2014] |
| (4) In the case of a certificate of registration, practising certificate or foreign patent agent certificate that has been lost or destroyed, no duplicate of such certificate shall be issued unless the holder has made a statutory declaration of the loss or destruction and forwarded the statutory declaration to the Registrar. [S 80/2014 wef 14/02/2014] |
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