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Exceptions to novelty: grace period

International exhibitions

3.103 In the case of a disclosure at an International Exhibition, Rule 8 of the Patents Rules details the requirements that applicants are required to comply with:

(1) An applicant for a patent who wishes the disclosure of matter constituting an invention to be disregarded in accordance with Section 14(4)(c) shall, within the same day of filing the application for the patent, inform the Registrar in writing that the invention has been displayed at an international exhibition.

(2) The applicant shall, within 4 months from the day of filing the application, file a certificate, issued by the authority responsible for the exhibition, stating that the invention was in fact exhibited there.

(3) The certificate shall also state the opening date of the exhibition and, where the first disclosure of the invention did not take place on the opening date, the date of the first disclosure.

(4) The certificate shall be accompanied by an identification of the invention, duly authenticated by the authority.

(5) For the purposes of Section 2(2), a statement may be published in the journal that an exhibition described in the statement falls within the definition of international exhibition in Section 2(1).

(6) In the case of an international application for a patent (Singapore), the application of this rule shall be subject to Rule 86(4).

3.104 Examiners will be informed of whether such a disclosure has been made in the Patents Form 1 filed by the applicant. The patent request form (see extract of Patents Form 1 below) of the patent application contains a section which facilitates the applicant in making such a disclosure. Patents Form 1 is also enclosed together with the request for search and/or examination, when the request is forwarded to the Examiner.

3-102

 

3.105 For PCT national-phase (SG) entry applications, where applicants file a request for examination with IPOS, the Examiner will note that such a disclosure is made at the International phase and this fact is revealed in the International Search Report (Rule 33.1 of the PCT Regulations).