Southeast Asia IP Guides

Learn more about Asean IP filing procedures and requirements

singapore
Singapore
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In Singapore, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application. 

1. Legislations:
The Singapore patent protection is governed by the Patents Act (Cap. 221). 

2. Patentability Criteria:
A Singapore patent should satisfy the following criteria to claim protection:

  •  new

  •  involves an inventive step

  •  capable of industrial application

3. Utility Innovations:
N/A in Singapore 

4. Membership:
√ – Paris Convention
√ – PCT 

Singapore is a member of the Paris Convention from 1995, whereby applications from convention countries will be subject to the same priority date in Singapore. The application for priority has to be made within six months of the first application in a convention country. 

Singapore is also a member of the PCT since 1995. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Singapore within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed. 

5. Rule of Priority:
“First to File” is the rule followed by Singapore in determining priority of Singapore patents. 

6. Duration:
The term of a Singapore patent is 20 years from the date of filing subject to the payment of renewal fees.

Summary

In Singapore, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application. 

1. Legislations:
The Singapore patent protection is governed by the Patents Act (Cap. 221). 

2. Patentability Criteria:
A Singapore patent should satisfy the following criteria to claim protection:

  •  new

  •  involves an inventive step

  •  capable of industrial application

3. Utility Innovations:
N/A in Singapore 

4. Membership:
√ – Paris Convention
√ – PCT 

Singapore is a member of the Paris Convention from 1995, whereby applications from convention countries will be subject to the same priority date in Singapore. The application for priority has to be made within six months of the first application in a convention country. 

Singapore is also a member of the PCT since 1995. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Singapore within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed. 

5. Rule of Priority:
“First to File” is the rule followed by Singapore in determining priority of Singapore patents. 

6. Duration:
The term of a Singapore patent is 20 years from the date of filing subject to the payment of renewal fees.

1. Application
Every applicant is required to file an application to the registrar of patents within 12 months of priority date. 

2. Publication
The application will be published after 18 months from the date of filing of the application. 

3. Examination
There are 2 examination routes. 

Option 1: Request for local Search and Examination within 36 months from the priority date. 
Option 2: Request for Modified Examination within 54 months from the priority date. If option 2 is followed, the applicant shall submit prescribed information on the foreign corresponding application, with a claim correspondence table under a supplementary examination process. The applicants can respond to negative examination reports and supplementary examination reports within 2 months from the date of receipt of Notice of Intention to Refuse. 

4. Registration
Upon receiving Notice of Eligibility to Proceed to Grant from the Patent Registrar, the applicants can submit a Request for Grant within 2 months. On grant, a certificate of grant would be issued, and this fact and date of grant will be published in the Patents Journal.

The following information and/or documents are required to file an application for a Singapore patent:- 

Direct National Application:-
1. Request for the grant of a patent (PF 1(2004)):- 
a) the name and address of the applicant;
b) the name and address of the inventor; 
c) a specification comprising a description, claims and any necessary drawings; and 
d) the country and filing particulars of basic application whose priority is claimed. 
2. Appointment of Patent Agent (PF 41) 
3. A statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment (PF 8). 
4. There is no requirement for the filing of an assignment from inventor to applicant. 

PCT National Phase Application 
1. Form 37;
2. A copy of the PCT application in English language ( i.e. request form PCT/RO/101);
3. The details of the PCT application (suitably, the bibliographic page as published by WIPO);
4. One copy of the PCT specification as originally filed (in or translated to English);
5. One copy of any amendments filed in the international phase (in or translated to English);
6. An Appointment of Agent form signed by the applicant; and
7. A statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment (PF 8).

Application Fees

ITEMS
OFFICIAL FEES (USD)
PROFESSIONAL FEES (USD)
1. PCT Filing Patent Application
180
630
2. Non-PCT Filing Patent Application
150
630
3. Request for Search and Examination
2170
670
4. Issuance Fee
-each claim in excess of 25 claims
170
17
350

**Service Bureau fee not included
*Service Bureau fee is approximately USD125 for item 1&2,USD 100 for item 3, USD 40 for item 4

Maintenance Fees

ITEMS
OFFICIAL FEES (USD)
PROFESSIONAL FEES (USD)
5th to 7th year (each year)
230
170
8th to 10th year (each year)
230
170
11th to 13th year (each year)
300
170
14th to 16th year (each year)
410
210
17th to 19th year (each year)
500
250

**Service Bureau fee not included
*Service Bureau fee is approximately USD40 per renewal

Basic Requirements

DOCUMENTS
REMARKS
TIME OF FILING
Patent specification, claims and abstract in English
no legalization required
On filing date
Drawings
(if any)
On filing date

Additional Documents for Convention Patent Application 

DOCUMENTS
REMARKS
TIME OF FILING
Priority documents
Certified copy of the basic patent application.
Within 2 months after filing
Appointment of Agent (PF41)
Within 2 months after filing

Additional Documents for Entry of PCT National Phase in Singapore

DOCUMENTS
TIME OF FILING
International Preliminary Report on Patentability based on International Preliminary Search Report (Chapter 1); or
On filing date
International Preliminary Report on Patentability based on International Preliminary Examination Report (Chapter II)
On filing date
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