Section 105 of the Patents Act (Cap 221) will come into operation on 2 January 2003. It provides that a person, partnership or body corporate shall not practise or act as a patent agent unless that person (or a partner or a
director as applicable) is:
who has in force a practising certificate.
The Patents Act further provides that only registered patent agents may describe themselves and their businesses using terms such as ‘patent agents’, ‘patent attorneys’ and other similar terms. Any person who uses such
description when he is not a registered patent agent is punishable with a fine of up to S$5,000 and/or imprisonment of up to 12 months.
Although advocates and solicitors with a practising certificate in force are not prohibited from taking part in patent proceedings and applications for patents, they are not entitled to use descriptions such as ‘patent agents’,
‘patent attorneys’ or other similar terms unless they are also registered as patent agents.
The Patents (Patent Agents) Rules 2001 (‘Rules’) came into force on 2 January 2002. The Rules provide for a system of registration of patent agents. Under the transitional provisions of the Rules, advocates and solicitors who
meet certain criteria are exempted from the strict requirements for registration as a patent agent PROVIDED an application for registration was filed by 1 October 2002.