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Supplementary Examination

Related national phase applications

9.46 According to Section 2(1), a related national phase application meets the following criteria:

  • There is a national phase application in one of the countries and jurisdictions the offices of which are the prescribed offices and in Singapore based on the same PCT application (including a divisional application filed in accordance with section 26(11) which derived its filing date from the PCT application); and
  • The PCT application makes no earlier priority claim (that is the PCT application was the first application for the invention).

9.47 In this case the applicant may rely upon the final results of the prosecution of a related national phase application in a prescribed patent office. Notably the original PCT application need not necessarily be filed in a prescribed office – that is it may have been filed in any Receiving Office and the international search and/or examination may have been conducted by any ISA or IPEA. However the related national phase application derived from that PCT application and used for initiating a supplementary examination must be a national phase entry in a prescribed patent office.

9.48 In the following scenarios (2)(a) and (2)(b) presented in Section 9J of these Guidelines, the final results in the prescribed office may be used as the basis for a supplementary examination of the Singapore national phase application and any divisionals derived therefrom. [See Diagrams 21-22]

9.49 However, in the following scenarios (2)(c) and (2)(d) presented in Section 9J of these Guidelines, the final results of the examination of a divisional application in the prescribed office cannot be used as the basis for a supplementary examination of any of the applications in Singapore since said divisional application does not meet the criteria of being a related national phase application according to Section 2(1). [See Diagrams 23-24]