Change in Singapore patent law
Post on 14-Jun-2015
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Current System
n Fast track and Slow track
n Rely on corresponding granted patent
n Self Assessment System
Fast track
n 12 month - Filing application in Singapore
n 21 month - Request for Examination
n Written Opinion, Examination Report
n 42 month - Request for Certificate of Grant
Slow track
n 30 month - National phase entry into Singapore
n 39 month - File a block extension for slow track
n 21 month 39 month - Request for examination
n Written Opinion, Examination Report
n 42 month 60 month - Certificate of Grant
Alternative route
n Rely on corresponding granted patent or IPRP
n EP, GB, US, CA, JP, KR, AU, NZ granted patent which is claiming the same priority application
n 42 month (Fast track) or 60 month (Slow track)
n File divisional application to buy another 42 month
Self Assessment System
n Grant condition for current system
n all claims are examined
n Even if some claims are not novel, inventive, industrial applicable, they can be granted
New System
n Only 1 track (no more Fast and Slow track)
n Supplementary Examination
n Positive Grant System
n Notice of Eligibility
New single track
n 12 month - Filing application in Singapore; or
n 30 month - National phase entry into Singapore
n 36 month - Request for examination
n Written Opinion, Examination Report
n 2 month from Notice of Eligibility - Pay grant fee
Alternative route
n 12 month - Filing application in Singapore; or
n 30 month - National phase entry into Singapore
n 54 month - Request for supplementary examination
n Submit corresponding granted patent
n 2 month from Notice of Eligibility - Pay grant fee
Positive grant system
n Grant condition for new system
n all claims are examined
n Notice of eligibility
n Without notice of eligibility, the application cannot be granted. Only Novel, Inventive and Industrial applicable invention can be granted.
Summary
n No more Fast track and Slow track
n Examination or Supplementary Examination
n Self Assessment to Positive Grant
n Notice of Eligibility is required
Thank youThis work by Yosuke Tanaka is licensed under aCreative Commons Attribution-ShareAlike 3.0 Unported License.
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