Letter & Annex A - Intellectual Property Office of Singapore

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Annex A1 Introduction1.1 The Singapore (SG) Patents Act and Patents Rules came into force in 1995. Prior tothat, it was a simple system of re-registration of patents granted in the UnitedKingdom. Since its establishment, the Patents legislation has undergone a series ofchanges and enhancements in alignment with Singapore’s economic development andtrends in patent protection.1.2 As part of our on-going review, IPOS is reviewing several aspects of the patentsystem, specifically on changes to the self-assessment regime, changes to theapplication process, and changes to processes relating to extension of time,restoration, renewal reminder, and second or subsequent new medical use claims. Thisconsultation paper seeks feedback on these proposed changes and issues related to theproposed changes.1.3 Feedback received will be studied for suitable changes to be implemented.Page 3 of 31
Annex A2 Proposed Changes to the Patent Self-Assessment (PSA) Regime2.1 The Self-assessment Regime2.1.1 Singapore’s patent system is unique in terms of the patent application processes.While the criteria for what amounts to a patentable invention under the Patents Act issimilar to other patent systems, several search and examination routes are available toapplicants to choose from. These options allow flexibility as applicants decide ontheir patent prosecution strategy.2.1.2 A key feature of the existing patent system is its self-assessment nature in that apatent grant will not be refused on the ground that the invention is assessed to be notpatentable. Some patent offices share similar features of self-assessment, for example,Switzerland and the Netherlands. Prior to grant, the applicant bears the responsibilityand onus of ensuring that his claims for patent protection meet the criteria ofpatentability, and take the necessary steps to amend the application, where necessary,to meet any objections raised by the examiner. The search and examination reports areopen for public inspection and scrutiny by interested parties. Challenges to thepatentability of the invention are provided for after the patent is granted. Figure 1 isan overview of the current patent system.Figure 1: An overview of the current patent system.ApplicantLocal RouteForeign Route (CA/PCT)Mixed Route (CA/PCT)NationalPCTNational PCT National PCTLocal S&E,Local S, ELocal S&ECorrespondingS&E reportsCorresponding S&E reports,IPRP(I) or IPRP(II)Corresponding S report, Local E+ve mixed -ve+ve mixed -ve +ve mixed -veExamination ReportRequest for GrantGrantS: SearchE: ExaminationCA: corresponding applicationsPage 4 of 31
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Page 9 and 10: Annex A2.2.3 Figure 2 shows the cur
Page 11 and 12: Annex AFigure 3(a): Positive examin
Page 13 and 14: Annex AInvitation 11. What are your
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Page 25 and 26: Annex AFigure 12: Proposed Process
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Page 33 and 34: Annex A20. To be patentable, an inv

Letter & Annex A - Intellectual Property Office of Singapore

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