Patents |
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Singapore |
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(Asia Pacific)
Firm
Rajah & Tann Singapore LLP
Contributors
Kok Keng Lau |
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Which patent-related international treaty is your country is a member of? | Singapore belongs to the following patent-related international treaties:
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What kinds of protection is available for inventions? | Inventions protections available in Singapore include:
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What kinds of subject matter (as such) are excluded from patent protection? | The following subject matter is excluded from patent protection in Singapore:
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What are the documents and information required for filing a national patent application? | Documents and information required for filing a national patent application in Singapore include:
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Is it possible to request early publication or a deferment of publication? | Yes, it is possible to request early publication or a deferment of publication in Singapore. Request for early publication may be filed with payment of a requisite fee. |
Does the applicant have a provisional right upon the publication of an application? | Yes, the applicant has a provisional right upon publication of an application in Singapore. Under the Patents Act, the rights of a patent proprietor to sue for infringement accrue from the publication date of the patent. However, an infringement action can only be commenced after the grant of the patent has been made. |
When is it possible to file a voluntary amendment to specification? | It is possible to file voluntary amendments in Singapore at the following times:
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Is it required to file a request for substantive examination? | Yes, it is required to file a request for a substantive examination in Singapore. There are various search and/or examination options in Singapore. If the applicant wishes to file a request for search and examination, the deadline to do so is 36 months from the earliest priority date. |
Is there a third-party opposition procedure upon publication or after grant? | No, there is no third-party opposition procedure upon publication or after grant in Singapore. |
What is the time period from application to grant for a straightforward application (no office actions or oppositions)? | The time period from application to grant in Singapore is between 2-3 years. |
Is there any process for accelerated examination of application? | Yes, there is a process for accelerated examination of an application in Singapore including (i) 12 months File-To-Grant – Applicants can obtain a patent within 12 months of filing, subject to fulfilling certain requirements; (ii) Patent SG Patent Fast Track (pilot program) – A patent which is first filed in Singapore may be granted within 6 months of filing; (iii) ASEAN Patent Examination Cooperation – Applicants may use the search and examination reports of any of the other participating ASEAN Member states to accelerate the patenting process; (iv) Patent Prosecution Highway: Examination can be accelerated by referencing the examination results from one of IPOS’ PPH partner offices. |
To maintain the validity of patent, is it required to pay an annuity in your country? | Yes, it is required to pay an annuity to maintain the validity of a patent in Singapore. |
Is late payment of annuity permissible? | Yes, late payment of an annuity is permissible in Singapore. (i) For late payment of annuity not exceeding 1 month – S$50. (ii) For late payment of annuity for each succeeding month (but not exceeding 6 months)- S$100. (iii) The patent will lapse if the annuity is not paid within the prescribed time period. To restore a patent, the relevant form and prescribed fee of S$500 is to be paid within 30 months from the day the patent ceases to have an effect. |
What are the available enforcement methods in your country? | Available enforcement methods in Singapore include:
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Are there any peculiarities in the system of protection for a patent in your country, of which it is important for clients to be aware? | Yes. Please note that while there are no third-party opposition proceedings for patents per se, third parties can oppose an amendment application, and can also apply to revoke a patent after grant |
Patents
Singapore
(Asia Pacific) Firm Rajah & Tann Singapore LLPContributors Kok Keng Lau
Updated 07 May 2021Singapore belongs to the following patent-related international treaties:
- Paris Convention
- Patent Cooperation Treaty ("PCT")
- TRIPS
- Strasbourg Agreement on the International Patent Classification ("IPC") system
- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
Inventions protections available in Singapore include:
- Inventions
The following subject matter is excluded from patent protection in Singapore:
- Methods of medical treatment or diagnosis
- Other: An invention that is generally expected to encourage offensive, immoral or anti-social behavior will not be published or patentable.
Documents and information required for filing a national patent application in Singapore include:
- Name and address of the applicant(s)
- Name and address of the inventor(s)
- Specification (description, claims and drawings)
- Abstract
Yes, it is possible to request early publication or a deferment of publication in Singapore. Request for early publication may be filed with payment of a requisite fee.
Yes, the applicant has a provisional right upon publication of an application in Singapore. Under the Patents Act, the rights of a patent proprietor to sue for infringement accrue from the publication date of the patent. However, an infringement action can only be commenced after the grant of the patent has been made.
It is possible to file voluntary amendments in Singapore at the following times:
- At the time of entry into the national phase (for PCT application)
- At any time during prosecution
- At the time of requesting examination
- Other: For 1 (i.e. at the time of entry into the national phase), a voluntary amendment is possible once the patent application number is available. For 2 (i.e. at any time during prosecution), there are some time periods where amendments are not possible, ie, (i) after a request for search is filed and before the search report is sent to the applicant, (ii) after a request for search and examination, examination or supplementary examination is filed and (iii) after the request for examination review is filed. Voluntary amendments can also be filed in response to written opinion during search and examination, examination or supplementary examination
Yes, it is required to file a request for a substantive examination in Singapore. There are various search and/or examination options in Singapore. If the applicant wishes to file a request for search and examination, the deadline to do so is 36 months from the earliest priority date.
No, there is no third-party opposition procedure upon publication or after grant in Singapore.
The time period from application to grant in Singapore is between 2-3 years.
Yes, there is a process for accelerated examination of an application in Singapore including (i) 12 months File-To-Grant – Applicants can obtain a patent within 12 months of filing, subject to fulfilling certain requirements; (ii) Patent SG Patent Fast Track (pilot program) – A patent which is first filed in Singapore may be granted within 6 months of filing; (iii) ASEAN Patent Examination Cooperation – Applicants may use the search and examination reports of any of the other participating ASEAN Member states to accelerate the patenting process; (iv) Patent Prosecution Highway: Examination can be accelerated by referencing the examination results from one of IPOS’ PPH partner offices.
Yes, it is required to pay an annuity to maintain the validity of a patent in Singapore.
Yes, late payment of an annuity is permissible in Singapore. (i) For late payment of annuity not exceeding 1 month – S$50. (ii) For late payment of annuity for each succeeding month (but not exceeding 6 months)- S$100. (iii) The patent will lapse if the annuity is not paid within the prescribed time period. To restore a patent, the relevant form and prescribed fee of S$500 is to be paid within 30 months from the day the patent ceases to have an effect.
Available enforcement methods in Singapore include:
- Civil enforcement
- Criminal enforcement
Yes. Please note that while there are no third-party opposition proceedings for patents per se, third parties can oppose an amendment application, and can also apply to revoke a patent after grant