What is a Patent?

A Patent is generally a monopoly right given by the Government to the owner of an invention to enable him to prevent others from using, copying or making the invention without his consent. A patentable invention can be a product or a process that gives a new technical solution to a problem.

In exchange for full disclosure of the invention, the government will grant the owner of the invention, a monopoly right for 20 years, subject to an annual renewal fee payable from the end of 4 years from the date of filing. Like any other property, the owner has the right to let others use it, or sell it.

When is an Invention Patentable?

For an invention to be patentable, it must satisfy three key criteria.

New   The invention should not have been made known to the public in any way, anywhere in the world before the date of filing. Any public disclosure may be novelty destroying and forms one of the grounds for the revocation of a patent. If any disclosure is necessary, it must be made in confidence.

Inventive Step   The invention must be something that represents an improvement over any existing product or process that is already available. The improvement must be non-obvious to a person who is skilled in the art in that technological field of the invention.

Industrial Application   The invention must be useful and have some form of practical application. It should be capable of being made or used, or achieving a concrete end result in any industry.

How to Seek Patent Protection?

To seek patent protection, the applicant must file the application form together with the necessary supporting information and documents with the Registry of Patents. This includes the description, claims, drawings and abstract. The processing time could take between 2 to 4 years depending on the complexity of the invention, amendments to the application, and the search & examination processes.

Applying for a Patent outside Singapore

As patent protection is territorial in nature, separate applications will have to be made in each of the countries/regions where patent protection is desired or via the Patent Co-operation Treaty.

Patent Co-operation Treaty (PCT)

The PCT is an international treaty facilitating the filing of patent applications in PCT contracting countries. It allows the applicant to seek patent protection for his invention in several countries simultaneously by filing an international application with a single office, in one language and a single set of forms and fees. As Singapore is a PCT contracting country, an international application may be filed by a resident or national of Singapore with the Registry of Patents at IPOS in Singapore as the receiving office.

It is not mandatory to file an application for a patent in Singapore before filing applications for patents for the same invention overseas. However, Section 34 of the Patents Act states that all residents in Singapore are required to obtain a written authority of the Registrar of Patents before they file or cause to be filed outside Singapore an application for the same invention. The only exception to this is when there has been a patent application filed in Singapore for more than 2 months, and there is no further direction from the Registrar under Section 33 of the Patents Act. Contravention of Section 34 is a criminal offence.

Patent Information Search

It is important to know the state-of-the-art before filing an application for a patent. An inventor would not have to re-invent the wheel, might be in a better position to check if the invention is new and inventive, and would reduce the chances of infringing other patents filed or granted. There are a number of resources available to help search for existing patents and published patent applications.

SurfIP (www.surfip.gov.sg) a special project by IPOS, is an IP portal that allows you to conduct research on IP information, search for prior art, gather business intelligence, monitor technology and commercialise your IP.

ePatents (www.epatents.gov.sg) is a one-stop website for electronic patent searches and transactions. Upon registration, you gain free access to basic bibliographic details on all patent applications filed with IPOS. You can also access and download the patent register and published patent specifications (where available) for a fee.

You may wish to obtain assistance from IP professionals specialising in search services.