PCT Singapore National Phase Guide

Entry into the Singapore National Phase of a PCT Application

This is a general guide for Singapore National Phase entries of an International (PCT) Patent Application.

For “domestic” Singapore filings, which are filings initiated with IPOS in its own capacity (rather than as a Receiving Office for PCT applications), please see our Singapore Patent Guide.

Deadline for National Phase Entry

The deadline for entering the Singapore national phase of an International Application is 30 months from the earliest claimed priority date. Where no convention priority is claimed, the deadline is 30 months from the international filing date.

Late national phase entry into the Singapore national phase is possible up to 48 months from the earliest claimed priority date.

The PCT application must of course include Singapore as one of its designated states.

Translation Requirements

No translation is needed to enter the Singapore national phase of an International Application published in English.

For non-English PCT applications, an English translation of the specification (including any amendments) will need to be filed by 30 months from the priority date. It is also necessary to file a verification of translation by 32 months from the priority date.

Please contact us for more details on the translation requirements for PCT Singapore national phase entry, or if you need a template for a verification of translation.

Procedure for Prosecuting a Singapore Patent Application to Grant

Request for Examination

We recommend filing a request for examination of the Singapore patent application based on the International Search Report (Option II) for Singapore patent applications which are PCT Singapore national phase entries.

The deadline for requesting examination in Singapore is 36 months from the earliest claimed priority date (or the filing date, if no priority has been claimed).

Request for Search

If the applicant does not wish to rely on the International Search Report, it is also possibile to request search of the Singapore patent application by the same deadline (Option I).

Amendments and Corrections to the Specification

If you instruct us to enter the Singapore national phase with amended claims, description or drawings, please make sure you provide us with the basis for the amendments.

Any voluntary amendments should be filed before requesting examination of the Singapore patent application. We will hold your instructions on file and make the amendments prior to requesting examination.

For a correction to be allowable, it must have been immediately obvious to the reader that a mistake had been made, and that nothing else would have been intended other than the correction being offered.

Excess Claims Fees

No excess claims fees are payable on entering the PCT national phase in Singapore.

Excess fees are payable when an applicant requests examination, for each claim over 20 in number. Excess claims fees are also payable at grant for each claim over 20 in number, on which an excess claim fee has not been paid on 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.

Power of Attorney

No Power of Attorney is needed for a Singapore national phase 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.

Supplementary Examination

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 whose filing date is on or after 1 January 2020 (i.e., where the international filing date is 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 Singapore application, or requesting search and examination.

If you need more information or wish to discuss the various options for patent prosecution in Singapore, please contact us.

Questions?

If you have any questions on PCT national phases, please contact us.