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Letter & Annex A - Intellectual Property Office of Singapore

Letter & Annex A - Intellectual Property Office of Singapore

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<strong>Annex</strong> A2 Proposed Changes to the Patent Self-Assessment (PSA) Regime2.1 The Self-assessment Regime2.1.1 <strong>Singapore</strong>’s patent system is unique in terms <strong>of</strong> 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 <strong>of</strong> 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 <strong>of</strong>fices share similar features <strong>of</strong> self-assessment, for example,Switzerland and the Netherlands. Prior to grant, the applicant bears the responsibilityand onus <strong>of</strong> ensuring that his claims for patent protection meet the criteria <strong>of</strong>patentability, 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 <strong>of</strong> the invention are provided for after the patent is granted. Figure 1 isan overview <strong>of</strong> the current patent system.Figure 1: An overview <strong>of</strong> 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 <strong>of</strong> 31

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