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 AInvitation 91. We welcome views over the proposal to change the criterion for restoration from“reasonable care” to “unintentional”.It would be helpful to the Registry if such comments and feedback are accompanied bycomprehensive reasons and, where available, examples or situations in support.5.2 Proposed Change 2: Change period to seek restoration from 30 months to 20months5.2.1 Current: An application for the restoration of a lapsed patent may be made at anytime within 30 months from the day on which it ceased to have effect.5.2.2 This “30 months” period was introduced on 1 Apr 1997 via the Patents (Amendment)Rules 1997 thereby deleting the previous period of “12 months”. One reason for thischange then was to provide sufficient time for restoration of lapsed patents that wereregistered under the Registration of UK Patents Act (now repealed) [RUKPA] andtransitioned over to the Patents Act (Chapter 221).5.2.3 In the same vein as mentioned above, in order to ensure that our laws remain relevantand current, we also reviewed the requirements in a few jurisdictions and we foundthat the period provided for restoration ranged from 6, 12, 24 to 30 months from thedate of expiry to pay the renewal fees.5.2.4 However, from a survey conducted on the profile of restoration requests that we hadreceived in the last 3 years, notwithstanding that patentees currently have 30 monthsto seek restoration of lapsed patents in Singapore, many had done so within 18months.5.2.5 Proposed: Hence, we see 20 months to be a reasonable period for seeking restoration.In this proposal, after the 6-month late renewal period, patent owners will have 14months where they can apply to restore the lapsed patent.Invitation 101. We welcome views over the proposal to replace the current “30 months” requirementwith “20 months”.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 27 of 31
Annex A6 Other Proposed Changes: Renewal Reminder6.1 Current: It is only after the period for payment of a renewal fee has expired and ifthe fee still remains unpaid, that the Registrar is required to send, not later than onemonth from the last date for payment, to the proprietor of the patent a noticereminding him that payment is overdue and of the consequences of non-payment.6.2 This after expiry notice may not prove to be effective as it is sent only after thereminder due date has passed and the proprietor wishing to renew during the 6-monthgrace period is required to pay any outstanding renewal fees plus its correspondinglate fees.6.3 Proposed: To give the proprietor more time to prepare for the renewal of the patent, itis proposed that the reminder notice be sent to him before the period for payment of arenewal fee has expired. This notice will be sent by the Registrar not earlier than 6months nor later than one month before the period for payment of a renewal fee hasexpired, notifying him of the imminent expiry of the period and of the consequencesof non-payment.Invitation 111. We welcome views over the proposal to provide for a pre-expiry renewal noticeinstead.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 28 of 31
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<strong>Annex</strong> AInvitation 91. We welcome views over the proposal to change the criterion for restoration from“reasonable care” to “unintentional”.It would be helpful to the Registry if such comments and feedback are accompanied bycomprehensive reasons and, where available, examples or situations in support.5.2 Proposed Change 2: Change period to seek restoration from 30 months to 20months5.2.1 Current: An application for the restoration <strong>of</strong> a lapsed patent may be made at anytime within 30 months from the day on which it ceased to have effect.5.2.2 This “30 months” period was introduced on 1 Apr 1997 via the Patents (Amendment)Rules 1997 thereby deleting the previous period <strong>of</strong> “12 months”. One reason for thischange then was to provide sufficient time for restoration <strong>of</strong> lapsed patents that wereregistered under the Registration <strong>of</strong> UK Patents Act (now repealed) [RUKPA] andtransitioned over to the Patents Act (Chapter 221).5.2.3 In the same vein as mentioned above, in order to ensure that our laws remain relevantand current, we also reviewed the requirements in a few jurisdictions and we foundthat the period provided for restoration ranged from 6, 12, 24 to 30 months from thedate <strong>of</strong> expiry to pay the renewal fees.5.2.4 However, from a survey conducted on the pr<strong>of</strong>ile <strong>of</strong> restoration requests that we hadreceived in the last 3 years, notwithstanding that patentees currently have 30 monthsto seek restoration <strong>of</strong> lapsed patents in <strong>Singapore</strong>, many had done so within 18months.5.2.5 Proposed: Hence, we see 20 months to be a reasonable period for seeking restoration.In this proposal, after the 6-month late renewal period, patent owners will have 14months where they can apply to restore the lapsed patent.Invitation 101. We welcome views over the proposal to replace the current “30 months” requirementwith “20 months”.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 27 <strong>of</strong> 31
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