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- SOUTH AFRICA
COUNTRY : REPUBLIC OF SINGAPORE
CAPITAL : SINGAPORE
LANGUAGE : ENGLISH MALYA, CHINESE
Singapore Patent & Trademarks office is managed by The Intellectual Property Office of Singapore (IPOS).
INTERNATIONAL TREATIES TO WHICH SINGAPORE IS SIGNATORY
- Paris Convention for the protection of industrial property
- Patent Co-operation Treaty PCT.
- Agreement on Trade Related Aspects of Intellectual Property Rights TRIPS.
- Budapest Treaty On The International Recognition of the Deposit of Micro Organisms For The Purposes of Patent Procedure.
PATENT LEGISLATION IN SINGAPORE:
The Singaporean legal system is based on the Common Law system. Patents in Singapore are governed by:
The Patents (Amendment Act) 1995. Patents are granted by the Singaporean Intellectual Property Office.
BASICS REGARDING PATENTABILITY OF INVENTIONS IN SINGAPORE:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i).Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of filing for the patent application nationally or internationally by means of its description, use or any other method by which it may be known or utilised by experts in the field.
(ii). Inventive Step: is, given the prevailing state of the art, it is not obvious to an expert in that field. An invention is considered obvious when it is within the grasp of a skilled person in that field of expertise & therefore to be expected from him.
(iii). Industrial Application: of the invention would be when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture.
INVENTIONS NOT PATENTABLE IN SINGAPORE:
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations.
- Substances already existing in nature and nuclear materials. Charts
- Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers.
- Inventions contrary to public order & morals.
- Methods of treatment by surgery, diagnosis, care, therapy on humans and animals.
- Prejudicial to the Interests or Security of the Nation.
PartityPatents through it’s associate Law Firms in Singapore, is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN SINGAPORE:
- Name & Address of the applicant.
- Name & Address of the Inventor.
- Specification comprising a description claims & drawings if any.
- Priority Data if any.
- State of incorporation / nationality of the Applicant.
- Abstract of the Invention.
- Indications serving to identify the identity of the inventor(s) as well as the Solicitor.
- Request for examination of the patent.
- If the patent application relates to a micro-organism or a process in which a micro-organism is used, it is necessary to include a certificate of deposit of the micro-organism with an officially recognised national depositary institution designated by the Government.
EXAMINATION OF THE PATENT APPLICATION IN SINGAPORE:
- Once the patent application application is filed, the application is scrutinised for defence & security aspects.
- Upon receipt of the patent it is formally examined to determine compliance with all requisites
- Applicant to comply with missing compliances and requisites as directed by the authorities within specified period of time, else, the application is denied registration.
- The patent application is examined substantively as per request by the applicant.
- Application is then published
- Patent application in compliance with all requisites is registered and patent protection granted.
RIGHTS OF THE PATENTEE IN SINGAPORE:
Patents with a term of 20 yrs.
- Patents confer on its holders successors an exclusive right to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties so as to import, rent out, deliver or sell the product patent .
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign, lease or licence the patent.
- Patentee is entitled to take legal action against infringers.
COMPULSORY LICENCES OF PATENTS IN SINGAPORE:
An application for compulsory licence may be made to the authorities for the grant of a license after 3 yrs. from the date of grant of patent or 4yrs. from the date of filing of the patent application whichever is later.
Such an application may be made for a licence on the ground that such a grant is necessary to remedy anti-competitive practices.
The authorities may determine grant of compulsory licence when:
a) There is a market for the patented invention in Singapore.
b) That market is:
- not being supplied or
- Is not being supplied on reasonable terms and
c) The authority is of the view that the patentee has no valid reasons for failing to supply that market with the patented invention whether directly or through a licensee on reasonable terms.
d) Patentee does not furnish legitimate reasons for not working the patent.
e) National Emergencies and circumstances of extreme urgency arise.
ParityPatents through its specialist Patent Lawyers and Patent Attorneys in Singapore can comprehensively assist you with Compulsory Licence matters.