Trademark
A trademark application can be filed based either on actual use or an intention to use the trademark in the course of trade in Singapore.
Once a trademark is registered, there is no statutory requirement to submit evidence of use or to file a declaration of use in Singapore. However, a registered mark becomes vulnerable to revocation if it has not been used in good faith within five years from the date of registration, and there are no valid reasons for the non-use. A third party may apply to revoke a registered trademark if it has not been used by the registered proprietor or an authorised licensee within that five-year period.
Revocation on the basis of non-use can only be initiated through the formal filing of a complaint by a member of the public. In such cases, the registrant must defend the registration against the complaint. A mark will be removed from the register if the complainant successfully proves that non-use has persisted for five or more continuous years, starting from the date the registration was completed, and not any earlier. This period of non-use can be interrupted by any genuine use of the mark by the rights owner. Otherwise, there is no ongoing requirement to file evidence of use in Singapore.
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If an application has been filed in a Paris Convention country, it is possible to claim priority for an application to register the same trademark in Singapore within six months from the filing date of the first Convention application.
If priority is claimed, we will only require the following information: the country, application number, and the priority date. Please indicate whether the goods or services in the priority application are identical to those to be claimed in the Singapore application. If the priority claim does not cover all the goods or services in the class, please specify the goods or services for which priority is claimed.
There is no requirement to submit a copy of the priority document.
A trademark registration is valid for 10 years from the date of filing and must be renewed every 10 years.
An opposition can be filed within two months from the date of publication of the application in the Trade Marks Journal. This deadline can be extended up to a maximum of a further two months.
Any natural person or legal entity can apply to register a trademark.
Trademark protection is territorial. A trademark registered in Singapore is valid only within Singapore. If you intend to export your products or services to other countries, you should consider registering your trademark either directly in each country of interest or through the Madrid Protocol system.
Patent
For an invention to qualify for patent protection, it must satisfy three fundamental criteria established under patent law.
Novelty constitutes the first requirement. The invention must not have been publicly disclosed in any form, anywhere in the world, prior to filing the patent application. This encompasses any prior publication, commercial use, advertisement, demonstration, or other form of public disclosure. Inventors must maintain strict confidentiality regarding their invention until the patent application is successfully submitted, as any premature disclosure may compromise the novelty requirement and render the invention unpatentable.
Inventive step represents the second essential criterion. The invention must demonstrate a non-obvious advancement over existing products or processes within the relevant field. This improvement must be sufficiently significant that it would not be apparent to a person possessing ordinary skill and knowledge in the technical domain of the invention. The invention should represent a genuine technological advancement rather than a trivial modification of existing solutions.
Industrial applicability forms the third requirement. The invention must possess practical utility and be capable of implementation within an industrial or commercial context. This criterion ensures that the invention can be manufactured, used, or applied in some form of industry, thereby contributing practical value to the field rather than existing merely as an abstract concept or theoretical proposition.
Premature disclosure of your invention can significantly compromise its novelty and adversely impact your patent application prospects. The timing and manner of any disclosure requires careful consideration to preserve your intellectual property rights.
Should circumstances necessitate revealing your invention to third parties prior to filing a patent application, executing a comprehensive non-disclosure agreement represents an essential protective measure. Such agreements establish legal obligations for confidentiality and help maintain the secrecy required for patent eligibility.
Once you have secured a filing date for your patent application, you may proceed with broader disclosure of the invention. The filing date establishes priority and provides legal protection, enabling you to discuss your invention more openly while your application undergoes examination.
Conducting a comprehensive prior art search before filing your patent application represents a critical step in the patent preparation process. This search enables you to determine whether your invention already exists in the public domain and helps assess the likelihood of successfully obtaining patent protection.
A thorough prior art search serves multiple strategic purposes beyond confirming novelty. It allows you to identify potential patent infringement risks associated with your invention, thereby enabling you to make informed decisions about proceeding with development and commercialization. Additionally, understanding the existing patent landscape helps refine your application strategy and may reveal opportunities to strengthen your invention’s distinctive features.
Various resources are available to facilitate your prior art search. Online patent databases provide accessible platforms for conducting preliminary searches. For more comprehensive analysis, engaging professional patent search services can provide deeper insights and expert evaluation of the search results, particularly valuable for complex technical inventions where specialized knowledge enhances search effectiveness.
Patent ownership and the right to file applications are governed by specific legal principles that determine who may legitimately pursue patent protection for an invention. Understanding these entitlement rules is essential before proceeding with your application.
As the original inventor, you possess the fundamental right to file for patent protection. This natural entitlement stems from your creative contribution and represents the most straightforward basis for patent ownership.
Employment relationships create specific ownership frameworks that may transfer patent rights to employers. When an invention arises during the normal course of an employee’s duties or falls within their assigned responsibilities, the employing organization typically acquires the right to file for patent protection. This principle ensures that inventions developed using company resources and within the scope of employment benefit the employing entity.
Contractual arrangements can establish alternative ownership structures through prior agreements between parties. When inventors enter into agreements that assign future invention rights to other parties before the invention process begins, those contractual obligations determine patent filing entitlement. Such agreements commonly occur in research collaborations, consulting arrangements, or investment relationships where intellectual property rights are specifically addressed.
Singapore offers several types of patent examination for patent applications. The examination system in Singapore provides applicants with different pathways depending on their specific needs and circumstances.
Search and Examination Options
Singapore patent applications can undergo different types of examination processes. The system includes preliminary examination as a standard first step, which occurs after filing fees are paid and claims are submitted within the specified timeframes. This preliminary examination focuses on formal requirements and basic compliance issues.
Substantive Examination Pathways
For substantive examination of patent applications, Singapore provides multiple examination routes. These include search and examination conducted by local examiners, as well as options that leverage examination work done by other patent offices through international cooperation agreements. This approach allows applicants to benefit from examination efficiencies while maintaining Singapore’s patent quality standards.
Accelerated Examination Programs
Singapore has implemented acceleration programs for patent applications. The recent introduction of SG Patents Fast represents an upgraded version of previous acceleration initiatives. This program aims to provide faster processing times for qualifying patent applications, creating more efficient pathways for applicants who need expedited patent protection.
International Cooperation Framework
Singapore’s examination system also incorporates international cooperation mechanisms that allow applicants to leverage search and examination work conducted by other major patent offices. This approach provides cost-effective examination options while maintaining the integrity of Singapore’s patent examination standards.
The specific examination type most suitable for your application depends on factors such as timing requirements, budget considerations and whether corresponding applications have been filed in other jurisdictions. For detailed guidance on selecting the most appropriate examination pathway for your specific circumstances engaging qualified patent professionals would provide the most current and comprehensive advice.
Divisional patent applications must be filed while the parent application remains pending, specifically before the conditions for grant are satisfied or before the parent application has been refused, withdrawn or abandoned. Applicants may file divisional applications either voluntarily or in response to a lack of unity objection from the Examiner.
The divisional application receives the same filing date as the original parent application, providing continuity in the patent prosecution timeline. Critically, divisional applications must not introduce any subject matter that extends beyond the disclosure contained in the original application. The inclusion of additional matter constitutes grounds for patent revocation and must be carefully avoided.
Filing a divisional application serves several strategic purposes, with addressing lack of unity objections being a primary consideration. When an Examiner determines that a single application contains multiple distinct inventions that should be prosecuted separately, divisional applications allow the applicant to pursue protection for the additional inventions while maintaining the original filing date.
While Singapore’s patent legislation doesn’t explicitly use the term “provisional patent application,” it does permit a functionally equivalent process. Under Singapore law, you can obtain a filing date for a patent application even without submitting patent claims initially, creating what is effectively a provisional application status.
This approach appeals to applicants who aren’t ready to formulate specific patent claims at the time of filing but want to secure an early priority date for their invention. Upon filing your initial application without claims, you have exactly 12 months from the filing date to submit one or more patent claims.
This 12-month deadline is non-extendable and strictly enforced. Once you submit the required claims, your application converts from provisional status to a complete patent application. If you don’t provide patent claims within 12 months, your application is abandoned. There are no extensions or second chances for this deadline.
If your provisional application represents the first filing of your invention anywhere in the world, you have strategic flexibility. Within 12 months of your Singapore provisional filing, you can:
• File a complete application with claims for the same invention
• Claim priority based on your original provisional application
• Potentially file in other jurisdictions while maintaining your Singapore priority date
This system provides inventors with the security of an early filing date while allowing time to develop comprehensive patent claims and assess the commercial viability of their invention.
Under the Singapore’s patent legislation, an extension of time is available on request for up to 18 months from the national phase entry deadline. This as of right extension means applicants have an automatic entitlement to the extension without needing to demonstrate special circumstances or justify the delay.
The standard 30-month deadline for PCT national phase entry can therefore be extended to a maximum of 48 months from the priority date or if no priority has been claimed, from the filing date of the International Application through this mechanism. There is an official fee per month of extension requested.
When utilizing the 18-month extension for PCT national phase entry, applicants must carefully consider the cascading effect on subsequent procedural deadlines within the Singapore patent prosecution process. The extended timeline may result in other critical deadlines expiring during the extension period, necessitating additional requests for extensions of time.
Strategic Advantages for Applicants
Enhanced Commercial Decision-Making Time: Provides additional time to assess the commercial viability of the patent application in the Singapore market. This extended timeline allows applicants to conduct more thorough market research, evaluate potential licensing opportunities, or secure additional funding before committing to the costs of national phase prosecution.
Improved Patent Landscape Analysis: Enables applicants to monitor competitor activities and conduct comprehensive prior art searches. This extended period may reveal new developments in the technology field that could influence prosecution strategy or claim scope decisions.
Strategic Filing Coordination: For applicants pursuing patent protection in multiple jurisdictions, the extension allows for better coordination of filing strategies across different countries. Applicants can observe how similar applications progress in other jurisdictions and potentially benefit from favourable examination outcomes elsewhere.
Financial Planning Flexibility: The extension provides breathing room for budget allocation and financial planning. Companies can spread patent prosecution costs over a longer timeline or wait for more favourable financial conditions before proceeding with the Singapore application.