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Letter & Annex A - Intellectual Property Office of Singapore

Letter & Annex A - Intellectual Property Office of Singapore

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<strong>Annex</strong> A2.3.11 The applicant has one opportunity to file voluntary amendments to the specificationand that is at the time <strong>of</strong> furnishing the prescribed information for the purposes <strong>of</strong>complying with the related claim requirement and other requirements in the PatentsAct and/or the Patents Rules. The process in paragraph 2.3.10 will then apply.2.3.12 Below are the three possible methods to check the related claims requirement and/orthe allowability <strong>of</strong> amendments.2.3.13 Method 1: The applicant files a declaration at the time <strong>of</strong> furnishing the prescribedinformation that the two sets <strong>of</strong> claims are related and if the applicant filesamendments to the claims, he has to include in the declaration that the amendmentsfall within the disclosure <strong>of</strong> the application as filed. He also has to file a claimscorrespondence table. The amendments are allowed, the claims are deemed relatedand the application can proceed to grant.2.3.14 Please see Figure 5 for the process <strong>of</strong> Method 1.Figure 5: Method 1 - DeclarationDeclaration + a claimscorrespondence tableAmendments filed becomes a recordfor public inspectionApplication can proceedto grant2.3.15 Method 2: The applicant submits a written explanation at the time <strong>of</strong> furnishing theprescribed information that the two sets <strong>of</strong> claims are related. If the applicant filesamendments to the claims, he has to include in the written explanation that theamendments fall within the disclosure <strong>of</strong> the application as filed. He also has to file aclaims correspondence table. In addition, if the Registrar is not satisfied that therequirements are met, the Registrar may direct the applicant to file a request for aclaims allowability report with a fee. The claims in the <strong>Singapore</strong> application will beassessed by an examiner whether they are related to the examined claims referred toin the positive prescribed information (or IPRP). If there are proposed amendments,the proposed amendments will be assessed by the examiner whether they are withinthe disclosure <strong>of</strong> the application as filed.2.3.16 If the examiner approves the proposed amendments and the claims, the amendmentsare allowed, claims deemed related. A positive claims allowability report will beissued and the application can proceed to grant.2.3.17 If the examiner does not approve the proposed amendments and/or the claims, theexaminer will indicate in writing an intention to refuse the proposed amendmentssupported with reasons, and <strong>of</strong>fer applicant an opportunity for hearing. The applicantis given a deadline to request for a hearing or to take the necessary action to removeall objections stated and to put the application in order for acceptance. If the applicantdoes not take either <strong>of</strong> the actions by the expiry <strong>of</strong> the deadline, the application shallbe treated as having been abandoned.Page 13 <strong>of</strong> 31

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