Patents Laws in Singapore
Here’s a detailed overview of Patent Laws in Singapore:
🇸🇬 Patent Law in Singapore
Governing Law and Authority
Primary Legislation:
Patents Act (Cap. 221, 2005 Rev. Ed.)
Governing Authority:
Intellectual Property Office of Singapore (IPOS) — handles patent applications, examinations, and grants.
🔐 What Can Be Patented?
To be patentable in Singapore, an invention must be:
New: Not disclosed publicly anywhere in the world before filing.
Involve an inventive step: Non-obvious to a person skilled in the art.
Capable of industrial application: Useful and can be made or used in industry.
❌ Not patentable:
Discoveries, scientific theories, mathematical methods.
Schemes, rules or methods for performing mental acts, playing games or doing business.
Computer programs as such (software can be patentable if it produces a technical effect).
Aesthetic creations.
Inventions contrary to public order or morality.
📄 Patent Application Process
Filing:
Applications can be filed directly with IPOS or via the Patent Cooperation Treaty (PCT) route.
Must include description, claims, abstract, and drawings if applicable.
Formal Examination:
IPOS checks for compliance with formal requirements.
Publication:
Applications are published 18 months after filing or priority date.
Substantive Examination:
Requested within 36 months from the filing date.
IPOS examines patentability criteria.
Grant:
If approved, the patent is granted and published.
⏳ Patent Duration and Maintenance
Patent protection lasts for 20 years from the filing date.
Annual renewal fees must be paid to keep the patent in force, starting from the 4th year.
🌍 International Treaties
Singapore is a member of several key treaties:
Patent Cooperation Treaty (PCT)
Paris Convention
Madrid Protocol (for trademarks)
Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement
🛡️ Enforcement and Infringement
Patent holders can enforce rights through civil courts.
Remedies include injunctions, damages, and account of profits.
Customs authorities may assist with border control measures.
🧑⚖️ Legal Assistance
Foreign applicants must appoint a registered patent agent in Singapore.
It’s recommended to seek professional advice for patent prosecution and enforcement.
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