The Patents Act (Cap. 221) came into force on 23 Feb 1995 and provided Singapore with its own patent system. The Patents Act (Cap. 221) and its subsidiary legislation, which consists of the Patents Rules, the Patents (Patent Agents) Rules, and the Patents (Composition of Offences) Regulations, form the legislation governing patent law in Singapore.
The latest legislation update can be viewed here.
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For a patent granted in Singapore, the rights conferred by a patent extend throughout Singapore. It confers on the owner the right to prevent others from exploiting the invention without his consent during the term of the patent, which is 20 years from the date of filing the patent application, subject to the payment of annual renewal fees.
A patent is a form of property and it can be assigned, licensed or mortgaged.
The right to the grant of a patent belongs primarily to the inventor or inventors. However, should the invention be developed in the course of work, under Singapore law, the rights to the invention may then vest with the employer. The patent law lays down the circumstances in which inventions by the employee belong to the employer and those in which they remain with the employee.
The owner of the invention may also assign his rights to another person or entity and the rights would pass over to the assignee.
Any person or corporation claiming to be the owner of an invention can apply for a patent in Singapore. There are no restrictions or discrimination as to nationality or residency. However, an applicant who is not a resident in Singapore must provide the Registry of Patents with an address for service in Singapore to which all correspondences will be sent. If a patent agent is hired to act on the applicant's behalf, this address for service should be the practice address of the patent agent.
Read more about hiring patent professionals.
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.
Effective from 1 July 2004
For patents granted on applications with a date of filing on or after 1 July 2004, an application can be made to the Registrar to extend the term of a patent beyond 20 years from its date of filing. Such an application can be made under the following grounds:
• 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; or
• there was an unreasonable delay in obtaining marketing approval for a pharmaceutical product.