Letter & Annex A - Intellectual Property Office of Singapore
Letter & Annex A - Intellectual Property Office of Singapore Letter & Annex A - Intellectual Property Office of Singapore
Annex A2.3.28 If the IPRP is positive and amendments are made under Article 19 of the Patent CooperationTreaty and/or during national phase entry, it will be necessary to check ifthe two sets of claims are related and if the amendments fall within the disclosure ofthe application as filed. The same three methods discussed from paragraphs 2.3.12 to2.3.22 are proposed.2.3.29 The applicant has one opportunity to file voluntary amendments to the specificationand that is at the time of filing the notice to rely on IPRP for the purposes ofcomplying with the related claim requirement and other requirements in the PatentsAct and/or the Patents Rules. The process in paragraph 2.3.28 will then apply.2.3.30 The possible paths and claims allowability checks available to an application relyingon IPRP are summarised below.Figure 9: Summary of Proposed Foreign Route (IPRP)Foreign Route – IPRP(I), IPRP(II)IPRP (I), (II)PositiveIPRP(I)PositiveIPRP(II)MixedIPRPMixedIPRP(I)MixedIPRP(II)NegativeIPRPArt 19and/or NPNo Art 19andno NPNo NPDeleteobjectedclaimsonlyNo Art 19andno NPNo NPChecks required:• Amendments withinoriginal disclosure• Claims are relatedGrantProceed tolocal/mixedrouteFile divisionalapplicationMethod 1orMethod 2orMethod 3Art 19: Amendments made underArticle 19 of the Patent Co-operationTreatyNP: National Phase amendmentsPage 17 of 31
Annex AInvitation 31. Do you support the adoption of Method 1, 2 or 3? Given the option of your choice,will the foreign route relying on IPRP still be attractive to applicants vis-à-vis otherroutes?2. For an applicant who has a mixed IPRP and has to amend the claims in the Singaporeapplication (as opposed to a mere deletion of objected claims), how do you suggestthe application proceed in Singapore besides proceeding to request for a search &examination report or for an examination report or file a divisional application?3. For all methods, should there be an option for an applicant to request for a claimsallowability report before grant?4. What are your views about the proposed changes to the foreign route relying on IPRProute?It would be helpful to the Registry if such comments and feedback are accompanied bycomprehensive reasons and, where available, examples or situations in support.Page 18 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 and 10: Annex A2.2.3 Figure 2 shows the cur
- Page 11 and 12: Annex AFigure 3(a): Positive examin
- 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: Annex AInvitation 21. 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
<strong>Annex</strong> A2.3.28 If the IPRP is positive and amendments are made under Article 19 <strong>of</strong> the Patent CooperationTreaty and/or during national phase entry, it will be necessary to check ifthe two sets <strong>of</strong> claims are related and if the amendments fall within the disclosure <strong>of</strong>the application as filed. The same three methods discussed from paragraphs 2.3.12 to2.3.22 are proposed.2.3.29 The applicant has one opportunity to file voluntary amendments to the specificationand that is at the time <strong>of</strong> filing the notice to rely on IPRP 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 2.3.28 will then apply.2.3.30 The possible paths and claims allowability checks available to an application relyingon IPRP are summarised below.Figure 9: Summary <strong>of</strong> Proposed Foreign Route (IPRP)Foreign Route – IPRP(I), IPRP(II)IPRP (I), (II)PositiveIPRP(I)PositiveIPRP(II)MixedIPRPMixedIPRP(I)MixedIPRP(II)NegativeIPRPArt 19and/or NPNo Art 19andno NPNo NPDeleteobjectedclaimsonlyNo Art 19andno NPNo NPChecks required:• Amendments withinoriginal disclosure• Claims are relatedGrantProceed tolocal/mixedrouteFile divisionalapplicationMethod 1orMethod 2orMethod 3Art 19: Amendments made underArticle 19 <strong>of</strong> the Patent Co-operationTreatyNP: National Phase amendmentsPage 17 <strong>of</strong> 31
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