According to data by the World Intellectual Property Organization (WIPO) and the World Bank, there has been an unprecedented interest in Southeast Asia as a patent filing destination, with the percentage of applicants filing in the ASEAN member states increasing each year. However, the autonomous vehicle (AV) technology patent landscape in this region remains nascent, […]
Patent-Related Strategies for Start-ups and Small Businesses in Singapore
Introduction In the current fast-paced and competitive landscape of Singapore’s business environment, intellectual property (IP) protection could contribute to the success and growth of start-ups and small businesses. In particular, patents offer significant advantages by safeguarding novel inventions, processes, and technologies. This article explores patent-related strategies for start-ups and small businesses towards protecting their innovations […]
Is a ‘Graphical User Interface’ registrable as a ‘design’ in India?
The Calcutta High Court, in a recent ruling, quashed an order which was issued by the Assistant Controller of Patents and Designs in which a design application for a ‘touch screen’ for a novel surface ornamentation which is a Graphical User Interface (‘GUI’) was refused. Background: The Applicant/ Appellant (Ust Global (Singapore) Pte. Ltd.) had […]
Court directs Indian Patent Office to issue reasoned decisions
Lack of proper reasoning in patent decisions by the Indian Patent Office (‘IPO‘) has been a cause for grave concern. In Dolby International AB (‘Dolby’ and/or the ‘Applicant’) v. The Assistant Controller of Patents and Designs [C.A.(COMM.IPD-PAT) 10/2021 and I.A. 13552/2021], the Delhi High Court was faced with a similar predicament, and took the opportunity […]
India- In a landmark ruling, the Delhi High Court clarifies the permissibility of Patent claim amendments
In what can be considered a watershed moment, the High Court of Delhi in Allergan Inc. v. The Controller of Patents, 2023/DHC/515, quashed and set aside an order of the latter (in which the Controller had refused to allow the amendments to the claims which the Appellant had sought), and remanded the matter back to […]
India- Simplicity of an invention should not deter the grant of a Patent
Novelty and inventive step are the essential requirements for the grant of a patent . In an interesting development, the High Court of Delhi, in Avery Dennison Corporation v. Controller of Patents and Designs, CA. 29/2021, has reiterated that the simplicity of an invention should not deter the grant of a patent. Factual matrix: An […]
Philippines – Revision in Patent Rules
The Intellectual Property Office of the Philippines (IPOPHL) issued a Memorandum Circular No. 2022-016 on “Revised Implementing Rules and Regulations for Patents, Utility Models and Industrial Designs of 2022” (IRR’2022) which took effect from 20 September 2022. A summary of the relevant amendments to the Rules and Regulations on patents are highlighted as follows. 1. […]
Singapore Patent – Obviousness of Error
A recent decision of the High Court of Singapore has set a precedent for correcting data included in a specification of an application for a patent. In an appeal case between Nippon Shinyaku Co, Ltd and the Registrar of Patents, the High Court has reversed the decision of the Registrar rejecting a proposed correction to […]
IPOS Extended the SG IP Fast Track Programme for Another 2 Years and Ended the 12 Months File-To-Grant Programme from 30 April 2022
The Intellectual Property Office of Singapore (IPOS) has recently extended their existing examination acceleration programme for patents, SG IP Fast Track Programme, for another 2 years from 30 April 2022 until 30 April 2024, to give enterprises a competitive advantage as Singapore and the world reopen from the Covid-19 pandemic. Concurrently, however, IPOS has terminated […]
Medical use claims in ASEAN countries
Singapore Under Section 16 of the Singapore Patents Act, “an invention of a method of treatment of the human or animal body by surgery or therapy or of diagnosis practised on the human or animal body is not taken to be capable of industrial application.” However, first and second medical use claims are allowable in […]