Singapore
Malaysia
Indonesia
Thailand
Philippines
Vietnam
Cambodia
Laos
Myanmar
Brunei
India

Singapore

Legal Basis
  • Patents Act 1995 (Chapter 221) effective 23 February 1995
  • Patents (Amendment) Act, 1995 effective 01 January 1996
  • Patents (Amendment) Act, 2001 effective 25 February 2002
  • Patents (Amendment) Act, 2004 effective 1 July 2004
  • Patents (Amendment) Act, 2008 (No. 18 of 2008) effective 01 December 2008
  • Patents (Amendment) Act, 2012 (No. 15 of 2012) effective 14 February 2014
  • Patent Rules 1995
  • Patent Rules 1993 (Rev. Edition) effective 23 February 1995
  • Patents (Amendment) Rules 1996 effective 24 February 1996
  • Patents (Amendment) Rules 2013 effective 08 April 2013
  • Patents (Amendment) Rules 2014 effective 14 February 2014
  • Patents (Amendment No. 2) Rules 2014 effective 10 March 2014
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)
Costs of obtaining a patent Please contact us at singapore@mirandah.com
Average time to obtain a patent 12 – 24 months from PCT national phase entry, 42 – 54 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
Grace period for prior disclosure or sale 12 months
Major prosecution events Following the filing date – or earliest claimed priority date – whichever is the earlier:

Request for Search: 13 months

National Phase Entry: 30 months

Request for Search and/or Examination: 36 months

Payment of Grant Fees: 54 months

Renewals: On the fifth anniversary of filing, and each succeeding anniversary thereafter

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 Non-extendible
Necessary document for filing None, if the application has already been published by WIPO and is in English. Otherwise, verified English translations of the specifications and the translator’s declaration of accuracy is required.
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 18 months from the day it ceased to have effect
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)
Specialised 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 based on the allowed/granted claims in either: a corresponding application, a corresponding international application, or a related national phase application. However, we do not recommend this option, as this may result in a weak patent.

After filing a request for supplementary examination, local examiners will examine only a limited number of prescribed matters, e.g. the relatedness of the Singapore claims to the granted claims of the corresponding application. There is no further substantive examination to be conducted.

Consequently, the application will be allowed based on the examination report conducted in a country, which may have a different examination practice with Singapore. This will therefore increase the burden on the applicant to establish the validity of the claims in later proceedings. A good example to this is the currently revoked claims of Singapore Patent No. 51905 (claims 1-13 of this patent have been found to be invalid due to insufficient disclosure and lack of inventive step). These shortcomings have been acknowledged by the Intellectual Property Office of Singapore and in fact, this option will be removed in 2020.

  Year

Applications

Granted

Domestic

Foreign

Total

Domestic

Foreign

Total

2003 626 7248 7874 175 4242 4417
2004 641 7944 8585 400 5576 5976
2005 569 8036 8605 555 6975 7530
2006 626 8538 9165 438 6955 7393
2007 696 9255 9951 469 7009 7478
2008 793 8899 9692 501 5785 6286
2009 750 7986 8736 473 5136 5609
2010 895 8878 9773 369 4073 4442
2011 1056 8738  9794 484 5465  5949
 2012 1081  8604  9685 410 5223  5633
2013  1143 8579 9722 393  5182 5575
2014  1303 9009 10312 402  5136 5538
2015  1469 9345 10814 446  6608 7054

Source: WIPO