Proposed Changes to the Singapore Patent System

On 3 July 2009 the Intellectual Property Office of Singapore (IPOS) announced proposals that would significantly change the present Singapore patent system.  Most significantly, the proposed changes are to convert the present patent system from a “self-assessment” regime into a “positive examination grant” system.

The current self-assessment system came into force in 1995 and is unique from patent systems in other jurisdictions.  A patent may proceed to grant regardless of whether the patent is valid, i.e. novel, inventive or capable of industrial application.  The onus is on the patent owner patentee to ensure the patent is valid, otherwise the patent may be subject to challenges by third parties should the patentee try to enforce the patent.

Under the proposed changes, a patent would only be allowed to proceed to grant based on a positive examination result reached by a patent examiner during the examination process.  IPOS proposes that such a positive examination grant system has advantages over the current self-assessment system, by “providing greater certainty from the business and enforcement perspective for both the patentee and third parties” and “potentially increase the quality and standards of Singapore granted patents”. Adoption of the positive examination grant system will also change the current patent prosecution procedures and timelines.  For example, IPOS has proposed that an opportunity be made available for applicants to request hearings to overcome any objections raised by an examiner.  Such a hearing process would not only provide the applicant with a further opportunity to secure a positive examination result, but the resulting publically available decisions reached at the hearings will provide guidance to applicants, examiners, practitioners and other interested parties on Singapore patent practice. 

Other notable proposed changes include capping specific time limits available for automatic extensions of time to six months with no opportunity for further extensions of time which are currently available at the discretion of IPOS.  Additionally, the period is proposed to change from 30 months to 20 months and the criterion is proposed to change from a “reasonable care” to an “unintentional” standard for restoration of a lapsed patent.  In addition to the above areas, IPOS has requested feedback in their public consultation on whether Singapore should follow the European/United Kingdom approach or the United States approach to medical use inventions.

The proposed changes to the Singapore patent system are significant, and if adopted will bring the system in closer harmony with the vast majority of patent offices around the world.

Nevin Carmichael
Patent Attorney
Intellectual Property and Technology Group

ATMD Bird & Bird LLP
Phone 65 6428 9845
Email Nevin.Carmichael@twobirds.com