Singapore Patent System Practice Guide | EVORIX

Key Points of This Article

• Singapore is the only WIPO International Searching Authority (ISA/IPEA) in ASEAN. A regional IP hub
• The Positive Grant System was established through the 2017 reforms, abolishing the foreign patent reliance route
• Requests for examination must be filed within 36 months of the priority date; PCT national phase entry must be filed within 30 months
• Establishment of the IP Court in 2022 (a specialized division within the Supreme Court). Expedited processing by judges specializing in intellectual property
• PPH (Patent Prosecution Highway): Collaborates with over 20 patent offices, including Japan’s JPO
• Singapore residents generally require a Foreign Filing Permit (FFP), though this typically does not apply to overseas applications filed by Japanese companies
• Applications must be filed in English; no local agent is required (foreign applicants may represent themselves, but this is not recommended)

SINGAPORE PATENT

A comprehensive guide to the patent system and practices in Singapore—ASEAN’s largest IP hub—written by a patent attorney. This book systematically explains everything from IPOS applications to the national examination system, the IP Court, and PPH strategies across 12 sections.

Table of Contents

1. Executive Summary
2. Basic Structure of the System and Legal Basis
3. Application Methods and Required Documents
4. Standard Workflow and Timeline Management
5. Estimated Government Fees
6. Patent Requirements and National Examination Principle
7. PPH Strategy and ASEAN Patent Examination Cooperation (ASPEC)
8. Enforcement and the IP Court
9. Cancellation, Invalidation, and Amendment Procedures
10. Maintenance and Term Extension
11. Differences Between Japanese and Singaporean Systems and Practical Considerations
12. Practical Checklist for Japanese Companies

Four Key Points to Keep in Mind for Singapore Patent Practice

1. The "foreign patent reliance route" was abolished with the transition to the national examination system in 2017. All patent applications are now decided based on IPOS’s own substantive examination.
2. Government fees are denominated in SGD (Singapore Dollars). Cost calculations are necessary for applications with multiple classes and multiple claims
3. Key examination issues are novelty (§14) × inventive step (§15) × disclosure requirements (§25). This represents the most British-style common law approach within ASEAN.
4. Disputes are handled by the IP Court. Established in 2022 as a specialized division of the Singapore Supreme Court, IP cases are handled by judges specializing in intellectual property

Significance of the IP Court’s Establishment: Established in April 2022, it has significantly improved the speed and expertise in handling patent infringement litigation. The predictability of judgments has increased, and it is attracting attention as a venue for SEP (Standard Essential Patent) litigation and life sciences cases.

• Patent Form 1 (Application Form): Applicant and inventor information, priority claims
• Specification: English, with drawings, claims
• Abstract: 150 words or fewer
• Priority documents: When claiming Paris Convention priority, within 16 months of the filing date
• POA (Patent Form 1A): If appointing an agent (simplified POA acceptable, no notarization required)
• Inventor’s Declaration: Usually integrated with Patent Form 1

Standard processing time: Approximately 12 months from the request for search and examination to the issuance of the first Written Opinion; typically 2–4 years until registration. This can be shortened to within one year by utilizing early examination systems such as FTI (Fast Track for IT = Accelerated Examination).

High costs for search and examination: At SGD 1,940 (approx. 215,000 yen), this is higher than in other countries, but this reflects the cost of IPOS conducting a thorough internal search and examination. Utilizing the PPH program can effectively shorten examination times and reduce costs.

Historical Shift: Prior to 2017, the “Foreign Route” was available; if a corresponding foreign patent (e.g., U.S., European, or Japanese) had been granted, there was a simplified route allowing for grant in Singapore without substantive examination. This was completely abolished by the 2017 reform, and currently, all applications must pass through IPOS’s national examination (Positive Grant System).

Benefits of Using PPH

• Shorter examination period: Typically 2–4 years → 6–12 months
• Cost Reduction: Fewer back-and-forth exchanges of Office Actions
• Higher Grant Rate: Examination based on claims granted in Japan
• No application fees (PPH itself is free of charge)

Remedies Available to Patent Holders

• Injunctions (provisional and permanent)
• Damages or a choice of relief: disclosure of the infringer’s profits (Account of Profits)
• Order for Surrender or Destruction of Infringing Goods (§67)
• Loser Pays Principle for Costs (including attorneys' fees) (derived from common law)

Two Extension Systems

• PTA (§36A): Adjustment when IPOS examination delays exceed a certain threshold
• PTE (§36): Extension to compensate for reductions due to regulatory requirements for pharmaceuticals and pesticides (up to 5 years)

• Ensuring the Quality of English Specifications (IPOS Examination Standards and Technical Writing)
• Deadline management: 30 months via PCT, 12 months via the Paris Convention
• Optimizing the number of claims (SGD 40 per claim for claims exceeding 20)
• ASEAN Expansion Strategy: Consider Utilizing ASPEC with Singapore as the Starting Point

• Request for search and examination must be filed within 36 months of the priority date (no automatic extension)
• Early examination based on Japanese granted claims using PPH (JPO-IPOS)
• Deadline for responding to the Written Opinion: 5 months + 3-month extension
• After a rejection decision, file a lawsuit with the IP Court (within 30 days)

• Annuities are due annually starting from the 5th year (amounts increase in the second half of the year)
• Consider the IP Court Simplified Track upon discovery of infringement
• File cancellation requests with the IPOS Registrar; appeal to the IP Court
• Do not overlook the need to file a PTE application for pharmaceuticals and pesticides (within 6 months of the disposition date)
• License agreements acquire opposability upon registration with IPOS (§43)

Consultation on Singapore Patent Applications

EVORIX Intellectual Property Law Firm provides comprehensive support for patent applications and enforcement in major ASEAN countries, including Singapore. Our patent attorneys, with extensive practical experience and working in collaboration with local agents, handle everything from the PCT direct route, Paris Convention priority, and PPH utilization to ASEAN-wide expansion strategies via ASPEC.

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