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Singapore is predominately one of the fastest developing economies in the world. Apart from this, it is considered as one of the largest financial centres in the world. Owing to this, many companies would want to set up their business centres in Singapore. As per data, Singapore is classified as one of the topmost countries for ease of doing business. Foreign Companies want to establish technology centres in Singapore. With the increase of technology and inventions, an individual or company would want to protect their invention.
Such intellectual property rights whereby an individual or entity would want to protect their respective invention is known as a patent. This is an intangible right which gives the owner of the patent an exclusive right to use the patent for a particular period. Companies and individuals that create an invention would consider the process of patent registration of Singapore.
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There are different meanings for the term patent. Various institutions have come out with different definitions for a patent.
The following definitions can be considered for the term patent:
Hence having a plain look at the above definitions, it is clear that the meaning of patent is similar. There is an independent institution dealing with Patent Registration in Singapore. An applicant must comply with the requirement of securing a patent for the respective invention.
An applicant or inventor would enjoy a wide range of benefits; it opts for the process of patent registration in Singapore.
The following benefits are derived from patent registration in Singapore:
Priority is a system where an applicant or the inventor would enjoy some form of priority over the other application. Therefore for example, if the applicant has made an application for a patent in a member country that is belonging to the Paris Convention or a member country of the World Trade Organisation (WTO), and has to make an application in the Singapore Patent Office, then the applicant will have to claim priority over the patent application using the foreign application.
The system of priority can be used and claimed by the applicant within 12 months of the application.
The primary regulatory authority for patent registration in Singapore is the Intellectual Property Office of Singapore (IPOS). The IPOS handles all matters pertaining to intellectual property within Singapore. Apart from patents, the IPOS handles cases and matters related to other form of intellectual property rights which include trademarks, copyrights, designs and other form of protections which afford some form of intangible protection for the respective rights of owners.
The IPOS brings out various laws related to protection of intellectual property rights within Singapore. An applicant going for patent registration in Singapore would have to comply with the relevant laws related to the IPOS.
In order to apply for patent registration in Singapore, the applicant would have to utilize the below procedure:
In Singapore, if an applicant wants to apply for a patent, then there are two routes for the process:
Examination of the Patent
Publication of the Patent
The Patent will be published in the Patent Journal, this will happen after 18 months of applying for the patent registration in Singapore.
If the patent has to be published before 18 months, then you can request the patent office to consider this on a case to case basis.
After the patent is published, the applicant can take action against any form of third party infringement.
During this process of examination, the office will search for any other invention or similar invention which has been already made. Such inventions are considered as prior art.
If there is some form of prior art, then a comparison would be made with your application and the prior art. The main aim for this is to identify if there is any form of similarities which destroys the application from being novel or new.
Grant of Certificate of Patent
Once this is carried out and if everything is successful, the office will grant the certificate for patent registration in Singapore. This is usually granted after 2 months of the Notice of the Eligibility. Once the patent is granted, it would be eligible for twenty years. After this process, the patent would be maintained yearly.
Under this process, the applicant can directly apply for the international process through the Intellectual Property Office in Singapore. When an application is filed internationally, then international searches and priority periods are calculated as per the requirements of international standards.
Publication after International Phase
After 18 months, the application would be published internationally.
When 30 months are complete, the applicant has to go for the national phase of patent registration in Singapore.
National Phase Application
In the National Phase Application, Singapore must be considered as the designated country for patent registration process.
Along with the application form the prescribed fees of SGD 200 dollars have to be paid to the authority.
The authority will ensure that the application confirms with the standards which is required.
After this step, the authority will make a preliminary analysis and search the applications around the world if there is a similar or existing patent. If there are no form of existing patents, then the patent application will be granted.
Read our article:How to File an Application Patent Registration India?
Varun Hariharan has completed the Legal Practice Course from BPP Law School, Manchester. He has a Masters in Commercial and Corporate Law from the Queen Mary University of London and LLB Honours from Bangor University, UK. He specialises in law related to corporate, artificial intelligence and technology law.
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