Applying for a Patent in Singapore
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A complete patent application in Singapore shall contain:-
- a request for a patent in Patents Form 1(2004) together with the prescribed fee.
- a specification i.e. a description of the invention, one or more claim(s) and any drawings referred to in the description or claims.
- an abstract.
| The specification contains a description of the invention, a claim(s) and any drawing(s) referred to in the description or any claim(s). It shall disclose the invention in a manner, which is clear and complete for the invention to be performed by a person skilled in the art. |
| The description shall describe at least one way for of carrying out the invention claimed, with examples where appropriate, and with reference to the drawings, if any. |
| The claim(s) define the scope of protection sought by the applicant. They should be supported by the description, be well crafted, clear and concise, as they set out the protection limits and boundaries under the patent. |
>> In Singapore, claim(s) are not required to be furnished at the time of filing a patent application in order to obtain a Date of Filing. This is similar in concept to a "Provisional Application" which is available in some countries.
>> More information on "Date of Filing" can be found in paragraph 3.6.1 below.
>> Claim(s), however, are essential as they define the scope of protection sought and should be furnished within a prescribed period to complete the patent application. Failure to do so would result in the application being treated as abandoned.
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| Drawing(s) illustrate the invention and provide support for the description and claim(s). |
| The abstract is a summary of the invention. It does not form part of the specification, but is used in the publication of the patent application. |
Singapore, like many countries, allows priority claims to be made in a patent application. If an applicant has an application filed earlier in a Paris Convention country or a World Trade Organization member country, he may claim this earlier filed application as priority in his subsequent Singapore patent application, provided that the Singapore application is made within 12 months from the Date of Filing of the earlier filed application.
(a) Priority date
If there are no earlier filings, the priority date of an invention to which an application for a patent relates, is the Date of Filing the patent application made in a Paris Convention country or a World Trade Organization member country.
| Applicant |
Applicant |
| (1) Files a patent application for invention (XYZ) in Australia |
(2) Files a patent application for invention (XYZ) in Singapore and claims priority over Australian Application |
| ↓ |
↓ |
| 0 months |
12 months |
e.g. Date of filing = 1 Aug 07
Priority Date = Date of filing |
e.g. Date of filing = 1 Aug 08
Priority Date = 1 Aug 07 (AU) |
Similarly, an application which is first-filed in Singapore can be used as the basis of a priority claim in a subsequent patent application filed in a Paris Convention country or a World Trade Organization member country, provided that the subsequent patent application is filed within 12 months from the date of the first-filed Singapore application.
| Applicant |
Applicant |
| (1) Files a patent application for invention (XYZ) in Singapore |
(2) Files a patent application for invention (XYZ) in Singapore and claims priority over Singapore Application |
| ↓ |
↓ |
| 0 months |
12 months |
e.g. Date of filing = 1 Aug 07
Priority Date = Date of filing |
e.g. Date of filing = 1 Aug 08
Priority Date = 1 Aug 07 (SG) |
It should be noted that the subsequent filing of an application claiming priority of the first filing is independent of whether the search and examination report is already established in the first filing.
(b) Declaration of priority
If the applicant wishes to claim priority of an earlier patent filing, he must do so by making a declaration of priority at the time of filing the subsequent application.
Simply put, to benefit from this priority requirement, there are 2 important points to note:-
- subsequent patent applications must be filed within the required 12 month priority period to claim priority of the earlier first patent filing of the same invention.
- the applicant must on the same day of filing a subsequent application within the required 12 month priority period, make a declaration of priority claiming priority of the earlier first patent filing of the same invention.
(c) Restoration of right of priority
With effect from 1 Apr 2007, applicants may apply to restore a declaration of priority of an earlier relevant application even though they had failed to file a subsequent patent application within 12 months from the date of the earlier application. They may also apply to add a claim of priority where they had failed to make a declaration of priority in a subsequent application which was filed within 12 months from the date of the earlier application.
To benefit from this new feature,
- for restoration of a declaration of priority, the subsequent patent application should be filed within 14 months from the date of the earlier relevant application.
- for addition of a declaration of priority (in an application which was filed within 12 months from the date of the earlier relevant application but which omitted a declaration of priority), the application for addition of a declaration of priority has to be filed within 16 months from the date of the earlier relevant application.
>> For the list of parties to the Paris Convention and members of the World Trade Organisation, please refer to the WIPO website www.wipo.int and the WTO website www.wto.org.
An applicant who is not the inventor must identify the inventor or inventors of the invention and state how he derived the right to the invention, e.g. by assignment or by contract of employment.
An address for service in Singapore must be provided in all patent applications.
This is the address to which all correspondences from the Registry of Patents will be sent. Where there is a change in the address for service, the applicant will have to notify the Registry of Patents.
There is no definite answer to this. It could range from two to four years. This is dependent on factors such as complexity of the invention, amendments to the application and the search and the examination processes.
It should be borne in mind that a patent once granted, may be challenged by any one on the grounds for revocation e.g. that the invention is not a patentable. Patent applicants are, therefore, encouraged to work within the time frame provided under the patent legislation and maximize the time given e.g. by making allowable amendments to the patent specification, to ensure that their patent application is in order before they ask for the grant of the patent.
>> More information on " Revocation" can be found in paragraph 3.9 below.
Although not a requirement in Singapore, an applicant should consider seeking the services of a practicing registered patent agent or a practicing advocate and solicitor (lawyer) to assist him in the prosecution of his patent application.
Patent applications contain technical and legal documents. Hence, it is very important for the patent application to be carefully drafted in order for it to be effective. In addition, the patent process involves several steps to be undertaken and failure to comply or failure to comply within the stipulated time periods may result in negative consequences.
Services provided by a registered patent agent or lawyer include giving advice on the making of any pre-application disclosure and on the patentability of an invention, conducting searches on existing inventions, drafting of the patent specification and prosecuting the patent application before the Registrar of Patents.
In our efforts towards greater efficiency, many processes have been computerised. With effect from 1 August 2003, the filing of patent applications can be done electronically via ePatents.
>> Please also refer to Practice Direction No. 2 of 2008 on electronic filing at www.ipos.gov.sg.
An applicant who wishes to file a patent application in Singapore has the following three options:
- ePATENTS - Online Submission via Online Internet Service (OIS)
Patent applications can be submitted online through a secured and encrypted channel via OIS. The OIS is recommended for the submission of applications and/or patents forms (attachments included) no larger than 5MB. Otherwise, the Electronic Patent Preparation (EPP) option should be used.
- ePATENTS - Electronic Media Submission using Electronic Patent Preparation (EPP) Software
The EPP is a tool for the preparation of patent applications in digital format and they are to be copied onto a recordable medium (such as a CD-ROM) to be sent over to the Registry by hand or mail. The EPP software is free and downloadable from ePatents www.epatents.gov.sg.
Applicants can bring their paper documents to the Self-Help Kiosk at IPOS to convert their documents into digital format before submitting them via OIS or EPP. There is a PC, a scanner, appropriate software and a CDR Writer at the Self-Help Kiosk.
>> Besides the patent application form, other patent forms can also be filed via ePatents. Details (including Fees) can be found in http://www.epatents.gov.sg.
Service Bureau (SB)
If a patent application is submitted in paper copies, it will be sent to the Service Bureau where the printed forms and documents will be converted into an electronic format for the application to be electronically processed by ePatents.
>> Details (including Fees) can be found in http://www.epatents.gov.sg.
- Manual / Paper Submission
Patent applications can also be submitted using paper copies. They will be sent to the Service Bureau where the patents forms and documents will be converted into a digital format for electronic processing.
The applications in paper copies can be sent to the Registry by hand or mailed to the address below:
Registry of Patents
Intellectual Property Office of Singapore
51 Bras Basah Road
#04-01 Plaza By The Park
Singapore 189554 |
Monday to Friday: 8:30am to 5:30pm
Saturday, Sunday & Public Holiday: CLOSED |
| Monday to Friday: 8:30am to 5:00pm |
| (65) 6339 8616 |
| (65) 6339 9230 |
| Click here |
| NETS or GIRO, cheque (crossed), money order and bank draft (in Singapore dollars) made out to Intellectual Property Office of Singapore |
| Cheque / money order / bank draft / the request for GIRO payment |
| Online payment by Credit Card or GIRO |
| Online payment by Credit Card or GIRO |
| Online payment by eNets Credit/Debit Card or eNets Internet Banking. |
For submission by mail, the application form must be completed and duly signed together with all the required documents and the appropriate mode of payment.
Submission of documents can be done after the Registry's operating hours. A Patents Deposit Box is available outside the Registry (4th Floor) for applications to be deposited into. Depending on the time of deposit, with midnight as the cut-off time, the date of receipt will be the date of deposit in the Patents Deposit Box.
In general, the Date of Filing of an application for a patent is the earliest date on which the documents filed at the Registry to initiate the application satisfy the following conditions:-
- the documents indicate that a patent is sought;
- the documents identify the applicant for the patent; and
- the documents contain a description of the invention.
With effect from 1 April 2007, a limited safety net is provided for applicants to obtain a Date of Filing notwithstanding that the description of the invention is missing from the patent application, if they:-
- make a reference to an earlier relevant application declared as priority;
- provide the Date of Filing of this earlier application and the country in which it was filed; and
- state that the missing description is completely contained in the earlier application.
After the applicant has filed all the necessary documents within the time periods prescribed and the application is not withdrawn or treated as abandoned, the Registry of Patents will conduct a preliminary examination of the documents.
Preliminary examination is the stage where the Registry determines whether :-
- the declaration of priority specifies a Date of Filing of an earlier relevant application which is more than 12 months before the Date of Filing of the Singapore patent application.
- the application complies with all the formal requirements; and
- any drawing or part of the description of the invention is missing from the application.
After the application has passed the preliminary examination, the applicant may proceed to the next stage which is the search and examination process. The Registry of Patents in Singapore offers three approaches to the search and examination process namely:-
- all-local approach;
- all-foreign approach; or
- a combination of local/foreign approaches.
The search process is essentially a search conducted for all materials and information which are relevant to the subject of the invention. The results of the search are reflected in a search report.
The examination process involves the consideration of the examiner as to whether the invention qualifies as new, involves an inventive step and is capable of industrial application. The results of the examination are reflected in an examination report.
(a) "All-local approach"
1. In the all-local approach, an applicant may request to undergo either a search-then-examination process or a combined search-and-examination process.
(b) "All-foreign approach"
2. In the all-foreign approach, the applicant furnishes the Registry of Patents the final search and examination results or copy of the grant of a corresponding or corresponding international application. Under this approach, the applicant does not need to file a further search and examination request with the Registry of Patents in respect of the same invention.
(c) "Combination approach"
3. In the combination approach, the applicant files an examination request with the Registry of Patents relying on the search results of a corresponding or corresponding international application.
Different approaches may be selected depending on the applicants' needs.
Applicants should seek the advice of their registered patent agents on the best option that is suitable for them.
To cater to the growing diversity and needs of businesses in Singapore, a new 2-Track Application System has been introduced for applications with a Date of Filing on or after 1 July 2004. This system comprises a default Fast Track system and a Slow Track system.
The prescribed periods under the Fast Track system shall apply by default when an application is first filed.
Block extension
The prescribed periods under the Fast Track system shall continue to apply until a request for block extension of periods is made within 39 months from the declared priority date or where there is no declared priority date, the Date of Filing of the application.
There are requirements to be met when seeking for such an extension and a fee is payable. Upon approval of this request by the Registrar, the prescribed periods under the Fast Track will be replaced by the later prescribed periods under the Slow Track system.
The following table provides an overview of the deadlines under the Fast Track and Slow Track.
| 13 months |
Not available |
| 21 months |
39 months |
| 21 months |
39 months |
| 42 months* |
60 months* |
| 42 months |
60 months |
| * Or at the time the request for grant and the grant fee are filed, whichever is the earlier. |
EXAMPLE 1
| Who |
Applicant |
Registry of Patents(Registry) |
Registry |
Applicant |
Registry |
Applicant |
Applicant |
| What |
(1)
Files a patent application |
(2)
Conducts a check on Date of Filing (DOF) and accords DOF if requirements are met
|
(3)
Conducts a preliminary examination to see if formalities requirements are met
|
(4)
Files a request for search |
(5)
Publishes the patent application if requirements are met |
(6)
Files a request for examination
or files a request for combined search & exam |
(7)
Files request for grant of patent |
| When |
0 months |
Within 1-2 months from (1) |
Within 1-2 months from DOF |
Within 13 months from DOF (fast track) |
Soon after 18 months from DOF |
Within 21 months from DOF(fast track)
or
within 39 months from DOF
(slow track) |
Within 42 months from DOF(fast track)
or
within 60 months from DOF(slow track) |
* Note
1) Fast track provides the default timelines for all applications.
2) To move to the slow track, an application for a block extension of time must be filed.
EXAMPLE 2
| Who |
Applicant |
Applicant |
Registry |
Registry |
Registry |
Applicant |
Applicant |
| What |
(1)
Files a patent application for invention XYZ in Australia |
(2)
Files a patent application for invention XYZ in Singapore and claims priority of Australian application |
(3)
Conducts a check on Date of Filing (DOF) and accords DOF if requirements are met |
(4)
Conducts a preliminary examination to see if formalities requirements are met |
(5)
Publishes the patent application if requirements are met |
(6)
Relies on foreign search & examination results
|
(7)
Files request for grant of patent |
| When |
E.g. 1 Aug 2007 |
Within 12 months of 1 Aug 2007 which is the priority date (PD) |
Within 1-2 months of (2)
DOF will be 1 Aug 2008 if requirements are met |
Within 1-2 months from DOF |
Soon after 18 months from PD |
# Within 42 months from PD (fast track)
or
# within 60 months from PD (slow track) |
Within 42 months from PD(fast track)
or
within 60 months from PD(slow track) |
* Note
1) Fast track provides the default timelines for all applications.
2) To move to the slow track, an application for a block extension of time must be filed.
3) # Or at the time the request for grant and the grant fee are filed, whichever is earlier.
The application will be published in the Patents Journal produced by the Registry of Patents as soon as possible after 18 months from the declared priority date or where there is no declared priority date, the Date of Filing of the application.
One significant effect of this 18th month publication by the Registrar is that upon publication, the patent application is open for public inspection. Hence, if the patent applicant wishes to keep his invention a secret, he should withdraw his application in a prescribed manner and in the prescribed time before publication occurs.
In general, the applicant shall have, as from the publication and until the grant of the patent, the same right as he would have had, if the patent had been granted on the date of the publication of the application, to bring proceedings in the court or before the Registrar for damages in respect of any act which would have infringed the patent.
>> The Patents Journal is published monthly and they contain information of published patent applications. Recent publications of the Patents Journal are available for free at http://www.epatents.gov.sg.
There are prescribed periods within the patent process. If the applicant is unable to meet one or more of these periods, an extension of time for that specific period may be requested.
It is to be noted that not all the prescribed periods in the patent process can be extended and for those that can be extended, there are requirements to be met and fees are payable.
Upon the receipt of a search and examination report, the applicant would have to assess if it is worthwhile to proceed to obtain a grant of a patent and maintain the patent. If the applicant chooses to do so, he would then submit a request for grant. On grant, a certificate of grant would be issued, and this fact and date of grant will be published in the Patents Journal.
The term of a patent is 20 years from the Date of Filing subject to the payment of annual renewal fees.
Annual renewal fees are payable starting from the end of the 4th year from the Date of Filing, and for every subsequent year thereafter, until the patent expires.
If a patent is granted after the 4th year from the Date of Filing, the annual renewal fees would be payable within 3 months from the date of grant, for the following year and for every subsequent year after that until the patent expires.
For Patents granted on applications with a Date of Filing on or after 1 July 2004, a request can be made to the Registrar to extend the term of a patent beyond 20 years from its Date of Filing. The grounds on which such extensions may be granted on can be summarized as follows:
- there was an unreasonable delay by the Registrar in granting the patent;
- there was an unreasonable delay caused by a foreign patent office in the issuance of the patent relating to a corresponding application and the foreign patent office has extended the term of the corresponding patent on the basis of such delay;
- there was unreasonable curtailment of the opportunity to exploit the patent caused by the process of obtaining marketing approval for a pharmaceutical product, being the first pharmaceutical product to obtain marketing approval which uses a substance (which is included as part of the patent) as an active ingredient; and the term of the patent has not previously been extended on this ground.
Any person may request the Registrar to conduct a post-grant search and examination for any claim or claims in the patent specification on the ground that, prior to grant-
- at least one claim in the patent application, at the time of request for a grant, was not related to any claim in the application at the time the examination report was issued which has been examined and which is referred to in the report ; or
- the Examiner of the application did not consider all the relevant prior art before preparing the report.
Any party, on application to the Registrar, may seek to revoke a patent on grounds including the following:
- the invention is not a patentable invention;
- the patent was granted to a person who is not entitled to the grant;
- the specification does not disclose the invention clearly and completely for it to be performed by a person skilled in the art;
- the matter disclosed in the specification extends beyond that disclosed in the patent application as filed;
- the amendment or correction to patent application or patent should not have been allowed;
- the non-disclosure/inaccurate disclosure of prescribed material information;
- the patent was obtained on any misrepresentation;
- the patent was obtained fraudulently;
- the patent is one of two or more patents for the same invention having the same priority date and filed by the same party or his successor in title.
In the course of the patenting process and the post grant processes, patent users are advised to refer to the Patents Act and the Patents Rules for the applicable procedure, patents forms, fees and the prescribed time periods.
A complete list of the patents forms and fees is available at the Registry of Patents and is downloadable from the IPOS website www.ipos.gov.sg.
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