Singapore Patent Application Guide

Singapore Patent Application Guide

How to File a Patent Application in Singapore

This guide tells you what you need to file a “domestic” or Singapore convention application, i.e., a patent filing initiated with IPOS in its own capacity. If desired, the Singapore patent application may claim convention priority under the Paris Convention.

For entry into the Singapore National Stage of an International (PCT) Patent Application designating Singapore, please see our PCT Singapore National Phase Guide”.

For International (PCT) Patent Applications filed with the Intellectual Property Office of Singapore as a Receiving Office, please see our International Patent Application Guide.

Patent Filing Documentation and Information

When you instruct us to file a patent application in Singapore, please let us have the following:

1. Patent Specification

A full specification in English of the patent application, including description, claims, abstract and any drawings. Please let us have this in editable format (e.g., Microsoft Word).

We can draft patent specifications in a variety of technologies on your instructions - please get in touch with us.

Please indicate which figure you wish the patent specification to be published with (e.g., Figure 1).

The patent description, claims, abstract and drawings should comply with the formal requirements of the Singapore Patents Act and Rules (see Rule 19 (1) and (4), Rules 21 (1)-(5) and (7), Rule 22 and 23, Rule 31 and Section 25 (3)(c)).

2. Priority Application Details

For each earlier patent application from which priority under the Paris Convention is claimed:

Please let us have this information with your instructions.

Please also let us have a certified copy of the priority document and verified English translation (if not in English) as soon as possible.

3. Applicant Details

For each applicant who is an individual (natural person):
For each applicant which is a corporate body (legal person):

Where the applicant is a US corporate entity, IPOS asks us to provide the State of Incorporation (e.g., Delaware) of the applicant. Please make sure you let us have this information.

4. Inventor Details

For each inventor:

We are required to declare, for each inventor, whether he or she was resident in Singapore at any time during the period of the invention. Please remember to let us have this information. In the absence of any indication, we shall assume that none of the inventors were resident in Singapore at any time during the making of the invention.

5. Derivation of Rights

Details of how the applicants derived their rights to the invention from each of the inventors:

Please provide the full chain of title. If the rights were acquired by assignment, please let us have the date of the assignment.

6. Miscellaneous

Please provide details of any biological deposits made under the Budapest Treaty and information as to whether prior disclosure at an international exhibition has taken place.

Power of Attorney

No Power of Attorney is needed for a Singapore national patent filing. We will file a self-authorisation and provide an address for service in Singapore, so as to handle the application on behalf of the applicant.

Excess Claims Fees

There are no excess claims fees payable on filing a Singapore patent application. Excess fees are only payable on requesting examination and on grant of a Singapore patent for any claims over 20.

Procedure for Prosecuting a Singapore Patent Application to Grant

Certified Copy of Priority Document

A certified copy of the priority document (together with a translation into English if necessary) are required to be filed in response to a notice from IPOS. As the deadline set by IPOS is usually short, we consider it good practice to file a certified copy of the priority document as soon as possible (see item 2 above).

Statement of Inventorship

The deadline for filing a Statement of Inventorship is normally 16 months from the earliest priority date (unless the Singapore patent application is a divisional application, for which see below). Our practice is to file the Statement of Inventorship at the same time as filing the application, if we have the information we need (see items 4 and 5 above).

Singapore Divisional Patent Applications

Under Singapore law, a divisional application may be filed before the grant fee on the parent application is paid, and in any case while the parent case is alive.

If the Singapore application has been divided from an existing parent application, the Singapore Patents Act and Rules require the Statement of Inventorship for the divisional application to be filed on the same day the divisional application is lodged.

Please make sure you let us have details of the inventors (item 4) and the derivation of rights (item 5) above when you instruct us to file a divisional application in Singapore.

Request for Examination

The deadline for requesting examination on a Singapore patent application is 36 months from the priority date.

The search report of a Singapore patent application may be based on the search of a foreign corresponding patent application related by priority to the Singapore application, if such a search report is available. Otherwise, you will need to request search of the Singapore patent application by the same deadline as requesting examination.

Payment of Grant Fee

There is no fixed deadline for paying the grant fee for a Singapore patent application. The deadline for complying with the grant formalities is 2 months from the date of the Notice of Eligibility to Proceed to Grant. The Notice of Eligibility for Grant is issued where the Examination Report is positive and does not contain any unresolved objections.

Annuities / Renewal Fees / Maintenance Fees

Renewal fees (maintenance fees or annuities) are payable on granted Singapore patents. The first annuity is normally due by the 4th anniversary of the filing date. However, if the patent is not granted by 3 years 9 months from the date of filing, then the renewal fee (and all back renewal fees) are payable by 3 months from the date of grant of the patent.

Patent Term and Expiry

The term of a Singapore patent is 20 years from its date of filing.

The 20 year patent term may be extended for pharmaceutical patents to compensate for marketing delays. The law also allows for patent terms to be extended if there has been an “unreasonable delay” by the Patent Office in examining the application.

Supplementary Examination of Singapore Patent Applications

As an alternative to requesting examination of a Singapore patent application, it may be possible to request supplementary examination relying on the grant of a foreign corresponding patent related by priority to the Singapore application. We recommend against relying on requesting supplementary examination for the grant of a Singapore Patent.

Supplementary Examination is not available for a Singapore patent application filed on or after 1 January 2020 or a divisional application lodged on or after 1 January 2020.

For such an application, it is only possible to request examination, either relying on an existing search report of a foreign corresponding application related by priority to the application, or requesting search and examination.

Questions?

If you have any questions on domestic patent filings, please get in touch with us.