Change in Singapore patent law

Change in SG Patent Law

Yosuke Tanaka20 April 2013

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.