Patent

No. Under current practice, an applicant may authorise a registered Patent Agent to file a Singapore national phase entry on their behalf without the need to file a Power of Attorney.

Under current practice, an applicant may file a Singapore national phase entry of a PCT application after the 30th month due date, along with a request for extension of time and payment of a corresponding late fee up to 18 months from the expiry of the stipulated date. No action is required on the part of the applicant prior to the expiry of the due date.

The request for accelerated examination via PPH should be filed along with the request for Substantive Examination. The Request for Substantive Examination (RSE) must be filed within thirty-six (36) months from the earliest claimed priority date.
The requirements for requesting accelerated examination of a Singapore patent Application are as follows:

• Both the Singapore application for which acceleration is requested and the foreign application forming the basis of the PPH request must be a related national phase application, a corresponding application or a corresponding international application.
• The foreign application relied upon for PPH must have at least one claim that is determined to be allowable/patentable by the foreign patent office.
• All claims in the IPOS application must sufficiently correspond – or be amended to sufficiently correspond – to one or more of the claims found allowable/patentable by the foreign patent office.
• Examination must not have begun on the IPOS application.
• The foreign application forming the basis of the PPH request must be from a participating office of the Global PPH network, China, Mexico or the European Patent Office.

In general, the applicant is required to submit the following documents when filing a request for PPH:
• a copy of all office actions of the foreign application being relied upon;
• a copy of the allowable/patentable patent claims referred to in the foreign application; and
• a claims correspondence table showing the relatedness of the allowable/patentable claims referred to in the foreign application to the claims in the current Singapore application.
• Verified English translations of the above documents, if they are not originally in English at the time of filing the PPH request.

Trademark

Courts in Singapore have generally adopted the position that it is not necessary to have a brick and mortar premises in order to constitute ‘use’.

Use of a mark on the internet may be sufficient, provided that ‘active steps’ have been taken to offer or advertise the claimed services in the form of ‘direct encouragement or advertisement’.

In other words, there ought to be some ‘active steps’ to ‘lead, encourage or induce Singapore consumers to the website”. It is not sufficient if the web surfers simply ‘happened’ upon the website. Further, it will not constitute sufficient ‘use’ if the website is accessible from Singapore but it is not possible for Singapore-based consumers to order products off the website and get it shipped to Singapore.