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Patent System in Singapore |
The island city-state of Singapore is situated off the southern tip of the Malay Peninsula, with a current population of 4.7 million. Singapore is ranked third place out of 133 in the global competitiveness survey conducted by the World Economic Forum for the period of 2009-2010. According to the CIA World Factbook, Singapore ranked eighth in the world with a GDP per capita of US$62,100 for year 2010. Singapore has excellent infrastructure for protection and enforcement of Intellectual Property Rights (IPR). The nation is ranked tenth in the world (third in Asia Pacific) for IPR enforcement based on the Taylor Wessing Global Intellectual Property Index 2009.
| Legal Basis |
Patents Act (Chapter 221) effective 23 February, 1995
Patents Act (Cap 221, 2005 Ed)
Patents (Amendment) Act, 1995 effective 24 November, 1995
Intellectual Property Office of Singapore Act, 2001 effective 30 March, 2000
Patents (Amendment) Act, 2001 effective 31 August, 2001
Patents (Amendment) Act, 2004 effective 1 July, 2004 |
| Major international treaties signed |
Patent Cooperation Treaty (PCT) effective 23 February 1995
Paris Convention effective 23 February 1995
Budapest Treaty effective 23 February 1995
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
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| Costs of obtaining a patent |
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| Average time to obtain a patent |
12 - months from PCT national phase entry
42 - 60 months from priority date for Paris Convention applications |
| Official language for patent prosecution |
English |
| Non-patentable subject matter |
- Methods of treatment of the human or animal body by surgery or therapy or of diagnosis
- Invention that may encourage offensive, immoral or anti-social behaviour
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| Grace period for prior disclosure or sale |
12 months |
| Major prosecution events |
| Request for search |
: |
13 months |
| Request for Examination |
: |
21 months |
| National phase entry |
: |
30 months |
| Payment of grant fees |
: |
42 months / 60 months |
| Renewals (after grant) |
: |
every year after grant |
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| Filing and prosecution procedures |
Stage 1: Filing
Stage 2: Formality Examination
Stage 3: Publication
Stage 4: Substantive Examination
Stage 5: Grant
Stage 6: Renewal/ Annuity |
| Extension of office action deadlines |
3 months (extendible) |
| Necessary document for filing |
None |
| Pharmaceutical Data Exclusivity Laws |
Available |
| Search and Examination |
Local examination of patents is not compulsory. Search and examination reports established in other countries or during PCT international phase can be relied upon for the purpose of patent grant in Singapore |
| Opposition term |
Not available |
| Term of patent protection |
20 years |
| Patent term extension |
Available |
| Restoration of lapsed patent |
Within 30 months from the date of lapse |
| Parallel Imports |
Available |
| Other forms of patents (e.g. Petty/innovation patents) |
Not available |
| Useful links |
Patent Agents and Attorneys in Singapore
www.ipos.gov.sg |
| Infringement offence |
Civil and Criminal (in special cases) |
| Specialized courts for IP |
No |
| Outline of the enforcement steps |
Notice of Cease and Desist
Infringement lawsuit |
| Relief against groundless threats |
Available |
| Declaration of non-infringement |
Available |
| Preliminary injunctions |
Available |
| Time frame for various legal actions |
Revocation - 1 to 2 years
Infringement proceeding - 2 to 3 years |
| Alternative dispute resolution |
Mediation
Arbitration |
| Availability of damages and other relief for infringement |
Injunction
Delivery Up
Damages
Account of profits |
| Civil remedies |
As per above |
| Criminal Sanctions |
Not available |
In Singapore, a patent application shall proceed to grant even if the requirements for patentability are not met. The system puts the onus on the applicant to ensure that the patent claims meet patentability requirements e.g. novelty, inventive step, industrial applicability and unity of invention. Amendments can be filed at any time before grant of the patent. Post-grant amendments are allowed only at the discretion of the Registrar.
Most of the patent prosecution deadlines are extendable. Extension of time up to 3 months is available as of right.
Statistics on Patent Application and Granted Patent from 2000 to 2009
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Domestic
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Foreign
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Total
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Domestic
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Foreign
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Total
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|
2000
|
516
|
7204
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7720
|
104
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4984
|
5088
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2001
|
523
|
7610
|
8133
|
173
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7045
|
7218
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2002
|
624
|
7446
|
8070
|
246
|
7338
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7584
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2003
|
626
|
7282
|
7908
|
175
|
4160
|
4335
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2004
|
641
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7310
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7951
|
397
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5580
|
5977
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2005
|
572
|
8033
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8605
|
557
|
7120
|
7677
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|
2006
|
626
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8538
|
9164
|
430
|
6960
|
7390
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|
2007
|
729
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9226
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9955
|
474
|
7004
|
7478
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2008
|
808
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8884
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9692
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512
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5774
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6286
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2009
|
827
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7909
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8736
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480
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5129
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5609
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(Source: Intellectual Property Office of Singapore )
Disclaimer: The information provided on this website is intended to serve as a general guideline and is not intended as legal advice. Although we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness and accuracy with respect of the website or the information. Please contact us for further information.
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