Public consultation on the Amendments to the Patents (Patent Agents) Rules

25 NOV 2013

Public consultation on the Amendments to the Patents (Patent Agents) Rules

Consultation Period: . 25 Nov 2013 to 20 Dec 2013

  1. The Patents (Patents Amendments) Bill 2012, passed by Parliament in July 2012, contained amendments to liberalise the patent agent registration regime to allow foreign-registered patent agents to register at IPOS and undertake offshore patent agency work, without having to meet Singapore’s registration requirements.

  2. The liberalisation of the patent agent registration regime is aimed at expanding and deepening patent agency capabilities in Singapore, particularly in relation to international patent agency work. This is expected to help develop and attract greater demand for Singapore-based patent services, and support our ambition to become a global IP hub in Asia.

  3. The scope of offshore patent agency work that foreign-registered patent agents can undertake in Singapore will include:

  1. Applying for or obtaining patents at any place other than IPOS;
  2. Preparing specifications or other documents for the purposes of:
    1. the patent law of any country other than Singapore; or
    2. an international application for a patent, including PCT applications; and
  3. Giving advice about the validity or infringement of patents under the patent law of any country other than Singapore.

  1. Firms will be allowed to carry on a business and undertake offshore patent agency work as long as the firm has at least one partner or director who is a foreign patent agent registered with IPOS.

  2. The proposed Patents (Patent Agents) (Amendment) Rules 2013 (ANNEX A) sets out the requirements for registration as a foreign patent agent at IPOS, and the Code of Conduct governing their practice.

  3. It is proposed that an individual will be eligible to apply for registration as a foreign patent agent if:

  1. he is resident in Singapore; and
  2. he is recognised to be qualified to be a patent agent or patent attorney by, and is registered as a patent agent or patent attorney with –
    1. any foreign or international patent office; or
    2. any professional accreditation or regulatory body for patent agents or patent attorneys in any country or jurisdiction other than Singapore.

  1. Further registration requirements could include (amongst others) (a) evidence that the applicant has obtained adequate professional indemnity insurance, and (b) a certificate of good standing issued by a patent agent accreditation or regulatory authority.

  2. The proposed Patents (Patent Agents) (Amendment) Rules 2013 also requires all foreign patent agents registered at IPOS to adhere to the Code of Conduct, already applicable to Singapore-registered patent agents.

Conclusion

  1. MinLaw invites interested parties to provide your views and feedback on the draft Patents (Patent Agents) (Amendment) Rules. The consultation period is from 25 November 2013 to 20 December 2013.

  2. The feedback may be sent in electronic or hard copy form to:

Intellectual Property Policy Division Ministry of Law
100 High Street
#08-02, The Treasury
Singapore 179434
Fax: 6332 8842
E-mail: MLAW_Consultation@mlaw.gov.sg

Annex A: Patents (Patent Agents) (Amendment) Rules 2013

Last updated on 25 Nov 2013