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1.
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Are there any grounds to which a complaint may be raised against a registered patent agent?
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Yes. A complaint may be raised on the grounds stated in rule 17(1)(a) to (g) of the Rules that a registered patent agent :
- has been convicted of a criminal offence;
- has been guilty of fraudulent or grossly improper conduct in carrying out patent agency work;
- has been adjudicated bankrupt;
- has allowed any person who is not a registered patent agent to carry out any patent agency work in his name, where that other person was not under his direct supervision and immediate control and supervision when carrying out the work;
- has obtained registration as a patent agent or a practising certificate by fraud or misrepresentation;
- has breached any condition to which his registration or the issue of his practising certificate is subject, or has breached any undertaking made to the Registrar; or
- has been guilty of conduct unbefitting a member of his profession.
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2.
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How does one make a complaint?
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- One makes a complaint with the submission of Form F by post or by hand at IPOS. All information is kept in confidence and therefore all correspondences between the complainant and IPOS will be made by post or by hand at IPOS. Transmission of correspondences by facsimile is not permitted. Oral complaints or complaints made via email or telephone will not be accepted.
- A complaint must be accompanied with a fee of S$500.00
- One has to submit a statutory declaration stating the facts on which he is relying. IPOS can assist the complainant in contacting a Commissioner of Oath.
- One may be required to provide further information or document at a later stage. If he fails without lawful excuse to do so, the complaint may be dismissed.
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3.
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Is the fee of S$500 for filing a complaint refundable?
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Yes, it is refundable at the end of inquiry of the Disciplinary Committee unless the Disciplinary Committee determines that the complaint is frivolous or vexatious.
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4.
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Before one makes a complaint to IPOS, is there someone he can turn to for help to resolve his case?
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IPOS would like to encourage one to seek amicable settlements before he makes a complaint to IPOS so as to save time and avoid unnecessary legal costs. He has various options to resolve his case:
(i) The Association of Singapore Patent Agents ("ASPA"), if his patent agent is a member of ASPA;
(ii) The patent agent's firm's complaint procedure, if available;
(iii) The Law Society of Singapore, if his patent agent is a Singapore lawyer; or
(iv) The Singapore Mediation Centre. Mediation is a voluntary process in which a third party (called the mediator) facilitates negotiations between the disputing parties with a view to resolving their differences privately and amicably.
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5.
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What is the procedure of mediation by the Singapore Mediation Centre?
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6.
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Who would conduct an inquiry into the complaint?
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The Disciplinary Committee, which is appointed by the Minister of Law under rule 16 of the Patents (Patent Agents) Rules 2001, will conduct an inquiry into the complaint.
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7.
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Who would the Disciplinary Committee consist of?
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The Disciplinary Committee will consist of a registered patent agent, an advocate and solicitor, and a lay person.
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8.
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What are the powers of the Disciplinary Committee?
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- Where the Disciplinary Committee is not satisfied that the Affected Person has been convicted or guilty of any matters referred to in rule 17(1)(a) to (g) of the Rules (please refer to question 1), it will dismiss one’s complaint.
The Disciplinary Committee is not empowered, when conducting an inquiry into a complaint, to recover on behalf of the complainant any financial loss or damages suffered by him because of the negligence of a patent agent.
- Where the Disciplinary Committee is satisfied that the registered patent agent against whom a complaint has been lodged ("the Affected Person") has been convicted or guilty of any matters referred in rule 17(1)(a) to (g) of the Rules (please refer to question 1), it shall –
- reprimand the Affected Person;
- order that his registration as a patent agent be suspended for a period not exceeding 12 months;
- order that his registration as a patent agent be cancelled; or
- make such other order deem appropriate.
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9.
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What will the Disciplinary Committee do when it received one’s complaint from IPOS?
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The Disciplinary Committee will meet and decide whether the Affected Person should be called upon to answer any allegation made against him. If the Disciplinary Committee thinks that the Affected Person should be called upon to answer any allegation made against him, the Affected Person will receive a copy of the complaint and the complainant’s statutory declaration made in support of it.
He will also receive a notice inviting him to submit to the Disciplinary Committee any written representations he may wish to make, and to inform the Disciplinary Committee if he wishes to make oral representations. If the Disciplinary Committee decides not to call the Affected Person to answer any allegation made against him, the Disciplinary Committee will proceed to submit a report of its findings.
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10.
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How does the complainant know when the Disciplinary Committee will meet?
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IPOS will inform the complainant in writing of the date of Disciplinary Committee meeting when the date is confirmed.
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11.
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Will the complainant receive the Affected Person’s written representations submitted to the Disciplinary Committee, if any?
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Yes, IPOS will send to the complainant a copy of the Affected Person’s written representations, if any, and the notice mentioned in the question on the powers of the Disciplinary Committee.
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12.
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Will there be a hearing?
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There will be a hearing only if the Disciplinary Committee decides to call the Affected Person to answer any allegation made against him and the Affected Person chooses to make oral representations to answer any allegation made against him.
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13.
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How does the complainant know when the hearing will be held?
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IPOS will inform the complainant in writing of the date, time and place appointed for the hearing.
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14.
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Does the complainant have to appear at the hearing in person?
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At the hearing, the complainant is entitled to appear in person or be represented by an advocate and solicitor who has in force a practising certificate issued under Section 25 of the Legal Profession Act (Cap. 161), and make submissions touching on the matters in issue.
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15.
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Will the hearing be similar to a hearing in Court?
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At the hearing, the Disciplinary Committee determines the procedure to be followed and does not need to apply the rules of evidence. The Disciplinary Committee may take evidence on oath or affirmation.
- The complaint or his/her representative, may request the Disciplinary Committee to summon a witness to give evidence or produce any document or article relating to any matter in issue. Any person who, without lawful excuse, refuses or fails –
- to appear in obedience to the summons; or
- to be sworn or to make an affirmation, to give evidence relating to any matter in issue, or to produce any document or article specified in the summons, at the hearing, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding S$2000, or to imprisonment for a term not exceeding 3 months or both.
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16.
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Will a hearing be adjourned?
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The hearing may be adjourned at the discretion of the Disciplinary Committee and if adjourned, IPOS will inform the complainant in writing of the date, time and place at which the hearing is to be resumed.
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17.
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How will the complainant know of the decision made?
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IPOS will send a notice of the Disciplinary Committee’s decision to the complainant.
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1.
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What is a patent agent?
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A patent agent acts principally for his clients in the prosecution of patents, rendering his professional advice on the patentability of the invention, drafting the patent specification, and prosecution of the patent application before the Patent Office. He may also advise his clients on the strategies to be employed in overseas filing, the valuation of the invention and exploitation of the patent.
A patent agent should therefore be technically trained to meet these demands. He must also be familiar with the requirements of the patent laws in the jurisdiction that he practises in and is expected to have some general knowledge of the patent laws in other jurisdictions.
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2.
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Why is it advisable to seek professional assistance in the prosecution of patents?
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It is advisable to seek professional assistance from a patent agent who is trained to draft patent specifications as it would require technical expertise to perform such a task.
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3.
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Is there some form of registration for patent agents in Singapore? If so, where can this register of patent agents be found? Would the register contain contact details of patent agents registered?
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Yes, there is the Register of Patent Agents. The register contains details such as the names, addresses, contact numbers and email addresses of all registered patent agents.
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4.
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What is the difference between a lawyer and a registered patent agent?
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In general, they are two separate professions but responsibilities overlap. It is common for lawyers and patent agents to work together on patent matters. In Singapore, some lawyers are also registered patent agents.
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5.
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Can anyone call himself or describe or hold himself out as, a "patent agent", "patent attorney" etc. even though he is not registered?
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No, in Singapore, an individual would only be allowed to describe or hold himself out as a "patent agent" or "patent attorney" when he is registered and has obtained a practising certificate.
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6.
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Are there any tips on choosing a registered patent agent?
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It would be advisable to engage the services of a registered patent agent who is skilled in the art related to your invention.
For instance, if your invention relates to a new drug, it would be wise to engage a registered patent agent who is trained in the area of pharmaceuticals to draft your patent specification.
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1.
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What are the steps for one to take if he wishes to become registered as a patent agent? What are the registration requirements?
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Step 1: Preparing for Registration
An individual has to:
Hold a university degree which the Registrar may in his discretion recognise;
Have obtained a certificate in Graduate Certificate in Intellectual Property Law;
Have undergone a one-year internship; and
Have sat and passed the Qualifying Examination.
Step 2: Applying for Registration
Upon fulfilling the above requirements, the individual may proceed to submit Form A and make the payment of applicable fee to apply for registration as a patent agent. Form A shall be accompanied by necessary documentary proof of the applicant's entitlement to be registered, and two certificates of good character of the applicant in Form B.
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2.
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What happens after Registration is obtained?
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Step 3: Applying for Practising Certificate
Once registration is obtained, the registered patent agent can apply to obtain a practising certificate for a practice year on Form C. The application shall be accompanied by the applicable fee and documentary proof, if possible, that he or she has obtained professional indemnity insurance against any liability incurred by him or her in carrying out patent agency work.
More details may be found in the Patents (Patent Agents) Rules 2001.
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