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Home > Frequently Asked Questions > General > Patents
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Patents
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- Can I patent an idea of a new invention?
- My invention was featured in the media and was also displayed in an exhibition. Can I still apply for a patent?
- My invention has been published in a scientific/industry journal. Can I still apply for a patent for the same invention?
- My invention was displayed in an exhibition. Can I still apply for a patent for the same invention?
- Can I obtain a patent for a product design?
- Can the Registry of Patents advise me on whether my invention is patentable?
- I have created a new invention but I have no wish to sell, market or license it immediately. Do I have to make a patent application in this case?
- Is it necessary that I apply for a patent for my invention?
- Can I still commercialise or use my invention without a patent?
- How do I apply for a patent?
- Can I file a provisional patent application in Singapore?
- How much would it cost to apply for a patent?
- Must I submit a model or specimen of my invention?
- How do I seek help to clarify matters raised by the Registry of Patents?
- How can I apply to amend my patent application?
- What should I do if I fail to perform certain actions within the prescribed time periods?
- Can the Registry of Patents advise me on whether my invention is patentable?
- I have created a new invention but I have no wish to sell, market or license it immediately. Do I have to make a patent application in this case?
- What happens if the renewal fee is not paid within the prescribed time period?
- Can I transfer my patent or patent application to someone else or license it out?
- After grant, how can I apply to amend my patent?
- Must I apply for a patent in Singapore before seeking protection overseas?
- In which countries should I apply for patent protection?
- I wish to use my Singapore application as a priority claim in an application I had filed in another country. How do I go about obtaining a copy of my Singapore application for use in my overseas application?
| 1 |
Can I patent an idea of a new invention? |
No, an idea of a new invention alone cannot be patented. To qualify for patent protection, an invention has to be applied to a product or process, and fulfil other criteria such as new, involves an inventive step and capable of industrial application.
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| 2 |
My invention was featured in the media and was also displayed in an exhibition. Can I still apply for a patent? |
Public disclosure of your invention may destroy the novelty of your invention. An invention that is not new or novel is not a patentable invention. Please see questions 3 and 4.
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| 3 |
My invention has been published in a scientific/industry journal. Can I still apply for a patent for the same invention? |
A disclosure before any learned society or published by you or with your consent in the transactions of any learned society will be disregarded if you file for a patent within 12 months from the date of its disclosure. A “learned society” includes any club or association constituted in Singapore or elsewhere whose main object is the promotion of any branch of learning or science.
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| 4 |
My invention was displayed in an exhibition. Can I still apply for a patent for the same invention? |
If the invention was displayed in an international exhibition, the disclosure will be disregarded if you provide the necessary information in writing at the point of filing the patent application and a certificate issued by the authority responsible for the exhibition within four months from the day of filing the application. The filing of the patent application must be made within twelve months from the date of its display in the international exhibition. If you would like to find out if a particular exhibition is in the list of international exhibition recognised for this purpose, please visit this website at www.bie-paris.org.
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| 5 |
Can I obtain a patent for a product design? |
It is not possible to obtain patent protection for the mere outward appearance of an article, that is, a shape configuration, pattern or ornamentation. Instead, a design registration may be a more appropriate option.
However, if the outward appearance has a functional application as opposed to a mere visual purpose, it may be possible to obtain patent protection, subject to the patentability requirements of novelty, inventive step and industrial application.
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| 6 |
Can the Registry of Patents advise me on whether my invention is patentable? |
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The Registry of Patents cannot give any legal advice to applicants on any subject, which includes the patentability of an invention. If you have any difficulties ascertaining the patentability of your invention or other legal requirements, you should consider seeking professional advice from a registered patent agent.
A search for patents and patent applications can be done via online search databases such as SurfIP or ePatents, both of which are services provided by IPOS. Please note that these databases provide non-exhaustive searches.
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| 7 |
I have created a new invention but I have no wish to sell, market or license it immediately. Do I have to make a patent application in this case? |
A patent gives you, the owner of the invention, the right to prevent others from using your invention without your consent, during the term of the patent.
While you may not wish to sell, market or license it immediately, there may be a possibility that you may wish to do so later. Hence, you may wish to seek the advice of your patent agent to discuss the options available to you and determine the course to undertake in filing a patent application.
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| 8 |
Is it necessary that I apply for a patent for my invention? |
No, it is not a must to apply for a patent for your invention. The decision on whether or not to file for a patent is entirely yours. The advantage of patent protection is that you are able to prevent others from using your invention without your consent. Like any form of property, you could also exploit your patent by licensing or assigning it to another party for a fee or other benefits.
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| 9 |
Can I still commercialise or use my invention without a patent? |
Yes, you can commercialise or use your invention without patent protection. However, once your invention is made known to the public, you may not be able to obtain a patent if you decide to apply for protection later. For certain industries, there may be other laws governing the use of an invention. For example, if your invention relates to a pharmaceutical product, prior permission must be obtained from the relevant health authorities.
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| 10 |
How do I apply for a patent? |
To file a patent application in Singapore, you have to file Patents Form 1 (PF1) together with the prescribed fee of S$160.00. Your application should include a set of the specification of your invention, i.e. the description, a claim(s) and drawings (if any), and an abstract of your invention. Foreign applicants are required to provide an address for service in Singapore.
All patent-related forms are available at the IPOS counter and downloadable here.
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| 11 |
Can I file a provisional patent application in Singapore? |
In Singapore, whilst our Patent Laws do not specifically refer to “provisional patent applications”, they do allow for a date of filing to be accorded to a patent application without any patent claim(s) being filed therewith, notwithstanding the fact that the patent application is incomplete until one or more patent claim(s) is or are furnished. Such Applications WITHOUT Claim(s) (hereafter called “AW/oC”) can be seen as “provisional”. This AW/oC approach would be attractive to some applicants who are not yet ready to furnish any patent claims at the time of filing.
Upon filing an AW/oC, the applicant must furnish one or more patent claims with the Registry of Patents within the prescribed period, in brief, 12 months from the date of filing. When this occurs, the AW/oC is “converted” into a complete patent application with claim(s), and it could then proceed further in the application process e.g. to search and examination, or to publication or to patent grant. Note that the date of filing accorded to the AW/oC is retained even after “conversion” as it is still the same application [albeit with claim(s) after “conversion”]. This is significant as the term of a patent begins from its date of filing. In the event that no patent claims are furnished within the period prescribed, the AW/oC shall be treated as having been abandoned.
If an AW/oC is the first filing of the invention in question, the applicant may decide, within 12 months from the date of filing of that AW/oC, to file an Application WITH CLAIM(s) (hereafter called "AWC") in a Paris Convention or WTO country for the same invention and claim priority over the "AW/oC". In such an application, the date of filing accorded to the AWC is not that of the AW/oC and the applicant “benefits” from the priority claim over the "AW/oC" application, whilst at the same time, the patent term of 20 years starts from the date of filing of the "AWC", provided the legal requirements are met.
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| 12 |
How much would it cost to apply for a patent? |
The two main costs involved in a patent application would be the official filing fees and your agent’s fees (if you engage one). The total cost varies from case to case depending on the approach you take and the complexity of the case. To read more about the application process, please click here. A list of all the prescribed fees is downloadable here.
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| 13 |
Must I submit a model or specimen of my invention? |
Models and specimens of inventions are normally not required in patent applications. You are required to furnish a patent specification which includes a set of description, claims and drawings (if any) of the invention. Any examination would be based on the patent specification.
However, if your invention involves the use of micro-organisms, you would be required to deposit a sample of that micro-organisms. Singapore is a party to the Budapest Treaty (Treaty on the International Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedure done at Budapest in 1977). You can therefore deposit a sample of the micro-organisms with any one of the international depository authorities as stated under the Budapest Treaty. For more details, please refer to the WIPO website.
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| 14 |
How do I seek help to clarify matters raised by the Registry of Patents? |
You may contact the officer-in-charge to clarify any matter or make an appointment with the officer to have a discussion.
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| 15 |
How can I apply to amend my patent application? |
A request to amend the specification of your patent application should be made on Patents Form 13 (PF 13). This request should be accompanied by a copy of the specification with the proposed amendment(s) clearly indicated. The words “replacement sheet” followed by the date of signing of the PF 13 should be stated at the top-right-hand margin of each sheet of the copy of the specification. More details can be found in the Patents Act and Rules.
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| 16 |
What should I do if I fail to perform certain actions within the prescribed time periods? |
A request for an extension of time to perform these actions can be made to the Registry of Patents, subject to the payment of any prescribed fee. However, please note that not all time periods are extendable. More details can be found in the Patents Act and Rules.
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| 17 |
Can I choose not to request for grant of a patent after the search and examination reports have been established? |
Yes, you can. The Singapore patent system is based on self-assessment, which means you decide whether it is worthwhile obtaining a grant and maintaining your patent given the findings in the search and examination reports. If you choose to obtain a grant, you have to submit a request for grant. On grant, a certificate will be issued to you.
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| 18 |
How do I renew my patent? |
You can renew your patent by submitting Patents Form 15 (PF15) together with the prescribed fee within the prescribed time period. The first renewal fee is payable at the end of the forth year from the date of filing of your patent application. The life of a patent is 20 years, subject to the payment of annual renewal fees. Please refer to the Patents Forms and Fees.
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| 19 |
What happens if the renewal fee is not paid within the prescribed time period? |
Your patent will lapse if the renewal fee is not paid within the prescribed time period. To restore a patent, you will have to file Patents Form 19 (PF 19) together with the prescribed fee of S$500.00 within 30 months from the day the patent ceases to have effect.
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| 20 |
Can I transfer my patent or patent application to someone else or license it out? |
Yes. As with other forms of IP, a patent or patent application is a right that can be assigned or licensed to another party. An application to register such transactions with the Registry of Patent shall be made using Patents Form 24 (PF 24) together with the prescribed fee of S$70.00.
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| 21 |
After grant, how can I apply to amend my patent? |
A request to amend the specification of your patent shall be made on Patents Form 17 (PF 17), together with the prescribed fee of S$100.00. This request shall be accompanied by a copy of the specification with the proposed amendments clearly indicated. The words “replacement sheet” followed by the date of signing of the PF 17 should be stated at the top right-hand margin of each sheet of this copy of the specification. For more details, please refer to the Patents Act and Rules.
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| 22 |
Must I apply for a patent in Singapore before seeking protection overseas? |
It is not mandatory to apply for patent protection in Singapore first before seeking protection overseas. However, Section 34 of the Patents Act states that any person resident in Singapore is required to obtain a written authorisation from the Registrar of Patents before he files or causes to be filed outside Singapore an application for a patent for the same invention.
The only exception to this is a patent application that has been filed in Singapore for 2 months or more and there is no further direction from the Registrar under Section 33 of the Patents Act.
Contravention of Section 34 is a criminal offence.
Seeking Registrar's Written Authority
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| 23 |
In which countries should I apply for patent protection? |
The decision on which countries to apply for patent protection is a commercial one. It generally depends on whether you intend to exploit your invention or have plans to grant licences in the countries concerned.
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| 24 |
I wish to use my Singapore application as a priority claim in an application I had filed in another country. How do I go about obtaining a copy of my Singapore application for use in my overseas application? |
Upon the filing of Patents Form 26 (PF 26) and the payment of the prescribed fees, the Registry of Patents will provide you with a certified copy of your Singapore patent application. Please refer to the Patents Forms and Fees.
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Last updated on 10 Nov 2008 |
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