Right to apply for and obtain patent
Open ↗19.—(1) Any person may make an application for a patent either alone or jointly with another.
(2) A patent for an invention may be granted —(a)
primarily to the inventor or joint inventors;
(b)
in preference to paragraph (a), to any person or persons who, by virtue of any enactment or rule of law, or any foreign law or treaty or international convention, or by virtue of an enforceable term of any agreement entered into with the inventor before the making of the invention, was or were at the time of the making of the invention entitled to the whole of the property in it (other than equitable interests) in Singapore; or
(c)
in any event, to the successor or successors in title of any person or persons mentioned in paragraph (a) or (b) or any person so mentioned and the successor or successors in title of another person so mentioned,
and to no other person.
(3) Except so far as the contrary is established, a person who makes an application for a patent is taken to be the person who is entitled under subsection (2) to be granted a patent and 2 or more persons who make such an application jointly are taken to be the persons so entitled.
Determination before grant of questions about entitlement to patents, etc.
Open ↗20.—(1) At any time before a patent has been granted for an invention —(a)
any person may refer to the Registrar the question whether the person is entitled to be granted (either alone or with any other persons) a patent for that invention or has or would have any right in or under any patent so granted or any application for such a patent; or
(b)
any of 2 or more co-proprietors of an application for a patent for that invention may so refer the question whether any right in or under application should be transferred or granted to any other person,
and the Registrar must determine the question and may make such order as the Registrar thinks fit to give effect to the determination.
[23/2019]
(2) Where a person refers a question relating to an invention under subsection (1)(a) to the Registrar after an application for a patent for the invention has been filed and before a patent is granted pursuant to the application, then, unless the application is refused or withdrawn before the reference is disposed of by the Registrar, the Registrar may, without limiting subsection (1) and subject to subsection (6) —(a)
order that the application proceeds in the name of that person, either solely or jointly with that of any other applicant or any specified applicant;
(b)
where the reference was made by 2 or more persons, order that the application proceeds in all their names jointly;
(c)
refuse to grant a patent pursuant to the application or order the application to be amended so as to exclude any of the matter in respect of which the question was referred; or
(d)
make an order transferring or granting any licence or other right in or under the application and give directions to any person for carrying out the provisions of any such order.
(3) Where a question is referred to the Registrar under subsection (1)(a) and —(a)
the Registrar orders an application for a patent for the invention to which the question relates to be so amended;
(b)
any such application is refused under subsection (2)(c) before the Registrar has disposed of the reference (whether the reference was made before or after the publication of the application); or
(c)
any such application is refused under any other provision of this Act or is withdrawn before the Registrar has disposed of the reference, but after the publication of the application,
the Registrar may order that any person by whom the reference was made may within the prescribed period make a new application for a patent for the whole or part of any matter comprised in the earlier application or (as the case may be) for all or any of the matter excluded from the earlier application, subject in either case to section 84, and in either case that, if such a new application is made, it is treated as having been filed on the date of filing the earlier application.
(4) Where a person refers a question under subsection (1)(b) relating to an application, any order under subsection (1) may contain directions to any person for transferring or granting any right in or under the application.
(5) If any person to whom directions have been given under subsection (2)(d) or (4) fails to do anything necessary for carrying out any such directions within 14 days after the date of the directions, the Registrar may, on application made to the Registrar by any person in whose favour or on whose reference the directions were given, authorise him, her or it to do that thing on behalf of the person to whom the directions were given.
(6) Where on a reference under this section it is alleged that, by virtue of any transaction, instrument or event relating to an invention or an application for a patent, any person other than the inventor or the applicant for the patent has become entitled to be granted (either alone or with any other persons) a patent for the invention or has or would have any right in or under any patent so granted or any application for any such patent, an order must not be made under subsection (2)(a), (b) or (d) on the reference unless notice of the reference is given to the applicant and any such person, except any of them who is a party to the reference.[23/2019]
(7) If it appears to the Registrar on a reference of a question under this section that the question involves a matter which would be more conveniently dealt with by the court, the Registrar may decline to deal with it and, without prejudice to the court’s jurisdiction to determine any such question and make a declaration, the court has jurisdiction to do so.[23/2019]
(8) No direction may be given under this section so as to affect the mutual rights or obligations of trustees or of the personal representatives of deceased persons, or their rights or obligations as such.
Determination after grant of questions referred before grant
Open ↗21. If a question with respect to a patent or application is referred by any person to the Registrar under section 20, and is not determined before the time when the application is first in order for a grant of a patent pursuant to the application, that fact does not prevent the grant of a patent, but on its grant that person is treated as having referred to the Registrar under section 47 any question mentioned in that section which the Registrar thinks appropriate.
Handling of application by joint applicants
Open ↗22. If any dispute arises between joint applicants for a patent whether or in what manner the application should be proceeded with, the Registrar may, on a request made by any of the parties, give such directions as the Registrar thinks fit for enabling the application to proceed in the name of one or more of the parties alone or for regulating the manner in which it must be proceeded with, or for both those purposes, as the case may require.
Effect of transfer of application under section 20 or 22
Open ↗23.—(1) Where an order is made or directions are given under section 20 or 22 that an application for a patent must proceed in the name of one or some of the original applicants (whether or not it is also to proceed in the name of some other person), any licences or other rights in or under the application, subject to the provisions of the order and any directions under either of those sections, continue in force and are treated as granted by the persons in whose name the application is to proceed.
(2) Where an order is made or directions are given under section 20 that an application for a patent must proceed in the name of one or more persons none of whom was an original applicant (on the ground that the original applicant or applicants was or were not entitled to be granted the patent), any licences or other rights in or under the application, subject to the provisions of the order and any directions under that section and subject to subsection (3), lapse on the registration of the person or those persons as the applicant or applicants or, where the application has not been published, on the making of the order.
(3) If before registration of a reference under section 20 resulting in the making of any order mentioned in subsection (2) —(a)
the original applicant or any of the applicants, acting in good faith, worked the invention in question in Singapore or made effective and serious preparations to do so; or
(b)
a licensee of the applicant, acting in good faith, worked the invention in Singapore or made effective and serious preparations to do so,
that or those original applicant or applicants or the licensee, on making a request within the prescribed period to the person in whose name the application is to proceed, are entitled to be granted a licence (but not an exclusive licence) to continue working or (as the case may be) to work the invention.
(4) Any such licence must be granted for a reasonable period and on reasonable terms.
(5) Where an order is made as mentioned in subsection (2), the person in whose name the application is to proceed or any person claiming that he, she or it is entitled to be granted any such licence may refer to the Registrar the question whether the latter is so entitled and whether any such period is or terms are reasonable.
(6) The Registrar must determine the question under subsection (5) and may, if the Registrar considers it appropriate, order the grant of such a licence.
Mention of inventor
Open ↗24.—(1) The inventor or joint inventors of an invention have a right to be mentioned as such in any patent granted for the invention and also have a right to be so mentioned if possible in any published application for a patent for the invention and, if not so mentioned, a right to be so mentioned in accordance with the rules in a prescribed document.
(2) Unless an applicant for a patent has already given the Registry the information mentioned in this subsection, the applicant for a patent must, within the prescribed period, file with the Registry a statement —(a)
identifying the person or persons whom the applicant believes to be the inventor or inventors; and
(b)
where the applicant is not the sole inventor or the applicants are not the joint inventors, indicating the derivation of the applicant’s or the applicants’ right to be granted the patent,
and, if the applicant fails to do so, the application is treated as having been abandoned.
(3) Where a person has been mentioned as a sole or joint inventor under this section, any other person who alleges that the former ought not to have been mentioned may at any time apply to the Registrar for a certificate to that effect, and the Registrar may issue such a certificate.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
