Patents of Invention

– Patents Act 1994, as amended, for all patents filed from February 23, 1995.
– Patents Rules 1995, as amended, in effect from February 23, 1995.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since December 10, 1990.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since February 23, 1995.
– Patent Cooperation Treaty (PCT), since February 23, 1995.
– Budapest Treaty on the Protection of Microorganisms, since February 23, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since September 16, 2021.

Filing and Examination

Patent applications may be filed domestically or through the Patent Cooperation Treaty (PCT).

Novelty: an invention must not be disclosed publicly in any way any where before the priority date claimed.

Inventive step: an invention is regarded as having an inventive step, if and when compared to what is already known, it would not be obvious to an ordinary person skilled in the art of the given field and must not be anticipated by prior written art.

Exempted disclosure: at an international exhibition named under the Patents Act or where the disclosure was by reason or in consequence of an abuse of the rights of the owner or his predecessor. With effect from October 30, 2017 an applicant may request that the prior disclosure of his invention be excused at the time of (1) filing a Request for Search and Examination; or (2) when a Request for Examination is filed; or (3) when filing a Response to a Written Opinion; or (4) when filing a Request for Review of an Examination Report or Search and Examination Report. The request for excuse must be accompanied by written evidence in the form of a Statutory Declaration. 

Not patentable: a method of treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body.

Filing requirements for an application:
1. An application form to be completed and filed with the official filing fees;
2. The patent specification stating the title of the invention, a description of the invention and the claims;
3. Drawings where relevant. The drawings need to conform with the requirements stipulated under Rule 21;
4. An abstract not exceeding 150 words.

Note: all documents are to be filed in English.

Electronic filing: applications must be filed online.

PCT applications: for this purpose, the Singapore Patent Office is a PCT receiving Office as well as a Search and Examination authority. Time limit for entering national phase: under both Chapter I and Chapter II: 30 months.

Nationally filed applications: must be filed within twelve months from the earliest priority date.

For a change of name or address: a scanned copy of the change of name/address certificate, no legalization required.

Examination: the Singapore Patent Office conducts the searches and examinations themselves. A request for a search must be filed by the thirteenth month of the filing date and request for examination or request for search and examination by the thirty-sixth month. All applications may proceed under the Search and Examination or Examination route. After the search and/or examination process, an examination report will be issued. A Notice of Eligibility to proceed to grant will be issued where there are no unresolved objections in the examination report. The Notice of Eligibility will entitle the applicant to proceed to request for grant.

Pre-grant observations: with effect from October 1, 2021, a formalized pre-grant third party observations was introduced. Third parties are now able to submit to the Registrar of Patents their observations, under a formal process, on the question of whether an invention is patentable.

Protection

Delivery of document: the certificate of grant is issued in electronic format only.

Duration: all patents granted are valid for twenty years and are subject to annuities.

Annuities: accumulated annuities are due from the fourth year after filing of the application and are payable after the grant of the patent and thereafter before the expiry of each successive year. All annuity payments must be submitted online.

Supplementary protection for pharmaceuticals: supplementary protection of up to five years may be granted for a pharmaceutical product containing a patented active ingredient. It arises where there is a delay in obtaining marketing approval by the Health Sciences Authority and the marketing approval is obtained after the patent has been granted and when the period between filing for marketing approval and obtaining such approval exceeds two years or where there was unreasonable delay by the Registrar in granting the patent.

Post-grant reexamination: with effect from October 1, 2021, patentees or third parties may request the re-examination of granted Singapore patents.

Revocation: possible.

Assignment: must be recorded with the Patent Office.

Working: a compulsory license can be granted if a patent is not sufficiently worked after three years from the date of grant of the patent. An application for restoration of a lapsed patent may be made at any time within thirty months from its expiry, and must be supported with reasons. The Patents Registrar has discretion to allow the restoration, with or without conditions.