Singapore Patent Guide

Singapore Patent System at a Glance

Item	Notes
Language	English.
Paris Convention	Yes.
Patent Cooperation Treaty	Yes. Singapore may be designated in a PCT international application and entered in the Singapore national phase.
National Phase Deadline	30 months from the earliest priority date, or from the PCT filing date if no priority is claimed.
Late National Phase Entry	Up to 18 months after the normal deadline, subject to extension requirements and official fees. The examination deadline may also need to be extended.
Power of Attorney	Not required.
Address for Service	A Singapore address for service is required.
Request for Examination	36 months from the earliest priority date, or from the filing date if no priority is claimed. May be extended.
Excess Claims Fees	Payable for each claim over 15 when requesting examination and when responding to a Written Opinion.
Acceleration Programmes	Patent Prosecution Highway (PPH), ASPEC and selected patent cooperation programmes may be available.
Written Opinions	Similar to examination reports or office actions in other jurisdictions. The deadline for response is 5 months and is not extendible.
Examination Report	Document issued by the Examiner to close off prosecution. It may be positive or negative.
Grant Formalities	Due 2 months from the Notice of Eligibility to Proceed to Grant.
Renewal Fees	Payable annually from the fourth anniversary of the filing date. If the patent is granted late, back renewal fees are payable by 3 months after grant.
Patent Term	20 years from the filing date, subject to payment of renewal fees.
Patent Term Extensions	Yes, for delay in grant by IPOS, or where the opportunity to exploit certain pharmaceutical patents has been curtailed by the process of obtaining marketing approval.
Divisional Applications	Yes, for any subject matter disclosed in the parent specification. There is no statutory limit on the number of divisional applications, and cascading divisional applications are possible.
Re-Examination	Yes. Re-examination may be requested by any person after grant. It is not available while there are pending proceedings before the court or Registrar in which validity may be put in issue.
Utility Models?	No separate utility model or petty patent system.
Pre-Grant Opposition	No pre-grant opposition procedure. Third party observations on patentability may be filed before grant.

Filing, Examination and Grant of Patents in Singapore

This guide summarises the main routes, deadlines and procedural stages in a typical Singapore patent application. It is intended as a high-level, practical overview for applicants, in-house counsel and overseas patent attorneys.

For details of each stage or advice on a specific case, please contact us.

Routes Into the Singapore Patent System

There are two main ways to begin the patent process in Singapore. Patent protection in Singapore may be initiated by filing a Singapore patent application directly at the Intellectual Property Office of Singapore (IPOS), or by entering the national phase of a PCT international application that designates Singapore.

Direct Singapore Patent Application

A Singapore patent application may be filed directly at IPOS as a national or domestic filing. It may be a first filing disclosing the invention anywhere, or it may claim priority from an earlier application filed in another country under the Paris Convention.

A direct Singapore application needs to be filed with an English patent specification, including a description. It will typically also contain claims, an abstract and any drawings that may be needed. A Statement of Inventorship also needs to be filed within 16 months from the declared priority date or filing date. No Power of Attorney is required.

For more detail, see our Filing a Singapore Patent Application guide.

PCT National Phase Entry in Singapore

A PCT international application designating Singapore may enter the Singapore national phase and proceed as a Singapore patent application.

The deadline for entering the Singapore national phase is 30 months from the earliest priority date, or from the filing date of the PCT application if no priority is claimed. For a PCT application published in a non-English language, an English translation of the specification will need to be filed at IPOS. A verification of translation is also required. No Power of Attorney is required.

For more detail, see our PCT Singapore National Phase guide.

Search and Examination of a Singapore Patent Application

A Singapore patent application must undergo search and examination before it can proceed to grant.

The usual options are to request combined search and examination in Singapore, or to request examination relying on an existing international or foreign search report.

Care is needed when relying on an existing search report. If the Singapore claims have been amended substantially, or if they contain subject matter not covered by the earlier search, combined search and examination may be the safer route.

Excess claims fees, for any claims over 15 in number, are payable when requesting examination and when responding to a Written Opinion.

Amendments During Examination

Voluntary amendments may be filed during prosecution, but timing is important. In general, voluntary amendments should be considered before requesting examination.

After a request for examination has been filed, amendments are usually made as part of a response to a Written Opinion. Any amendment must not add subject matter not disclosed in the specification as filed. The amendment should be clearly and unambiguously disclosed in the specification as filed.

Written Opinions and Examination Reports

During examination, the Examiner may issue a Written Opinion raising objections. These may include objections on lack of novelty, inventive step, industrial applicability, clarity, support, added matter and double patenting.

The applicant may respond with written submissions and, where appropriate, amendments to the claims.

Once all objections have been overcome, IPOS will issue a positive Examination Report and a Notice of Eligibility for Grant. If objections remain unresolved, IPOS will issue a negative Examination Report with a Notice of Intention to Refuse the application.

Examination Review

A request for review of the Examination Report needs to be filed within 2 months of the date of the Notice of Intention to Refuse, accompanied by submissions and amendments if appropriate.

If the Examination Review Report is positive, the application may proceed to grant. If the Examination Review Report remains negative, IPOS will issue a Notice of Refusal. A divisional application may be filed before the parent application is refused.

Grant of a Singapore Patent

The applicant has 2 months from the Notice of Eligibility for Grant to comply with the grant formalities and pay the grant fee. The grant fee cannot be paid before IPOS issues the Notice of Eligibility for Grant.

Once granted, a Singapore patent may be enforced against unauthorised acts falling within the scope of the claims. For a patented product, this includes making, disposing of, offering to dispose of, using or importing the product, or keeping it for disposal or otherwise. For a patented process, this includes using the process in Singapore and, in certain circumstances, offering it for use in Singapore. Infringement of a process patent may also extend to dealing in a product obtained directly by means of the patented process.

After grant, the patent proprietor may also be able to claim damages for infringing acts carried out between publication of the application and grant, provided that the acts would have infringed both the patent as granted and the claims as published.

Renewal Fees and Patent Term

The normal term of a Singapore patent is 20 years from the filing date, subject to payment of renewal fees.

Renewal fees are payable annually from the fourth anniversary of the filing date. If the patent is granted more than 45 months after the filing date, any back renewal fees are payable within 3 months from the date of grant.

Patent term extensions may be available in limited circumstances, to compensate for delays by the Registrar in granting the patent or for delays in obtaining marketing approval for pharmaceutical products covered by the patent.

Divisional Applications

A divisional application may be filed for subject matter disclosed in an earlier Singapore patent application.

A divisional application must be filed while the parent application is still pending and before the grant fee is paid. There is no statutory limit on the number of divisional applications that may be filed. Cascading divisional applications are therefore possible.

For more detailed guidance, see:

Speak to a Singapore Patent Agent

Cantab IP assists local and overseas clients with Singapore patent filings, PCT national phase entry and formulation of examination strategy.

If you need advice on a Singapore patent application, please contact us.