Letter & Annex A - Intellectual Property Office of Singapore

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Annex Aemail or telephone-conference between the examiner and the applicant, and facilitatesthe obtaining of a positive examination report.2.2.6 For an application where the examiner intends to issue a mixed/negative examinationreport, the examiner will indicate in writing an intention to issue mixed/negativereport supported with reasons, and offer applicant an opportunity for hearing. Theapplicant may request for a hearing. If a request for a hearing is not filed within 1month, the application shall be treated as having been abandoned.2.2.7 Upon a request for a hearing, a hearing officer, an independent examiner from thesame examination office, will be appointed to hear the case. The applicant maychoose to proceed by means of written submissions, telephone-conference or videoconference and a hearing fee will be imposed. A hearing via telephone-conference orvideo-conference will be conducted with the patent applicant or his representative inIPOS and the hearing officer present in his office.2.2.8 The outcome of the hearing will be either a) examiner’s objections maintained(written grounds of refusal of application), or b) examiner’s objections overruled (apositive examination report will be issued). If the applicant is not satisfied with therefusal, he may proceed to file an appeal to the court. The applicant may also file adivisional application as long as the application is pending.2.2.9 Other related changes to the local/mixed route are:a) The deadline to establish the examination report is extended from 39 months to 41months (or 57 months to 59 months for slow track applications) to provide moreopportunities for informal dialogue/submissions to overcome the objections.b) Amendments cannot be filed prior to grant after a positive examination report isissued. This ensures that the specification for grant will be the specification asexamined.2.2.10 Figures 3(a) and 3(b) show the proposed search & examination processes andtimelines for local/mixed route applications (national and PCT applications).Page 7 of 31
Annex AFigure 3(a): Positive examination report via local/mixed routeAction Deadline Applicant IPOS CommentsApplicationSearchFast trackSlow trackSearch &Examination /ExaminationFast trackSlow trackGrant20 monthsFast trackSlow trackFast trackSlow track0 month13 monthsNot available21 months39 months41 months59 months42 months60 monthsRequest for anexaminationreportReply to WOwithin 5 monthsReply to furtherWO within 5monthsPay grant fee forpositive ERIssue officeaction (WO/ ER)Examiner hasdiscretion toissue furtherWOsIssue positiveERSearch is notapplicable to PCTnational phase entryapplications.Informal dialogue withexaminer available.Extension of time isnot allowed.Informal dialogue withexaminer available.Extension of time isnot allowed.If grant fee not paidapplication treated ashaving beenabandoned.WO: written opinionER: examination reportFor PCT applications, the local examination in Singapore will take into consideration amendments madeunder Article 19/ Article 34 of the Patent Co-operation Treaty (subject to the meeting of the requirementsin section 86 of the Patents Act).status quoPage 8 of 31
Page 1 and 2: Intellectual Property Office of Sin
Page 3 and 4: Annex AProposed Changes to the Pate
Page 5 and 6: Annex AGlossary of Terms UsedTermMe
Page 7 and 8: Annex A2 Proposed Changes to the Pa
Page 9: Annex A2.2.3 Figure 2 shows the cur
Page 13 and 14: Annex AInvitation 11. What are your
Page 15 and 16: Annex A2.3.6 If the examination res
Page 17 and 18: Annex A2.3.18 Upon a request for a
Page 19 and 20: Annex AInvitation 21. Do you suppor
Page 21 and 22: Annex AInvitation 31. Do you suppor
Page 23 and 24: Annex A2.5 Proposed PSA Changes: Po
Page 25 and 26: Annex AFigure 12: Proposed Process
Page 27 and 28: Annex A4 Other Proposed Changes: Ex
Page 29 and 30: Annex A5 Other Proposed Changes: Re
Page 31 and 32: Annex A6 Other Proposed Changes: Re
Page 33 and 34: Annex A20. To be patentable, an inv

Letter & Annex A - Intellectual Property Office of Singapore

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