Principal features of the new law are as follows:
1) The definition of protectible subject matter is essentially the same as that of the European Patent Convention.
2) Novelty will be assessed on a worldwide basis having regard to both publication and use. Furthermore the whole contents of any prior-filed Singapore application will be destructive of novelty of an application having a later filing or (where relevant) priority date.
3) The term of a Singapore patent will be 20 years from the filing date. Maintenance fees will be payable on the fourth and subsequent anniversaries of the filing date.
4) A number of options regarding examination are provided. First, one can request a local search and examination. Presumably there will be fees in connection with both requests. Examination must be requested within 22 months of the priority date. If, however, one wishes to have a preliminary search conducted before incurring the cost of examination such a preliminary search must be requested within 16 months of the priority date. A second option is to submit a certified copy of a granted patent issued in one of the following jurisdictions: Australia, United Kingdom, Canada, EPO, New Zealand or United States. This can be done within 22 months of the priority date. Thirdly, one can submit a copy of a search report issued by the Australian, British, Canadian, European, New Zealand or United States Patent Office together with a request for examination and a copy of all citations. Finally, if one has had an international preliminary examination carried out under Chapter II of PCT one can request immediate grant. (Apparently this can be done irrespective of the nature of the international preliminary examination report on the basis that if the report was not favorable the public is properly warned by the nature of the report given.) In all cases patents must be granted within 3-1/2 years of the priority date.
As mentioned above the transitional provisions are complicated. Firstly, it should be noted that for patents currently in force in Singapore as a result of registration of a British or European patent, renewal fees will now become payable and will be due on the anniversary of the filing date of the United Kingdom or European patent that has been registered. Secondly, any British or European patent designating the United Kingdom granted between February 23, 1992 and February 23, 1996 may be registered in Singapore up to February 23, 1997.2) Novelty will be assessed on a worldwide basis having regard to both publication and use. Furthermore the whole contents of any prior-filed Singapore application will be destructive of novelty of an application having a later filing or (where relevant) priority date.
3) The term of a Singapore patent will be 20 years from the filing date. Maintenance fees will be payable on the fourth and subsequent anniversaries of the filing date.
4) A number of options regarding examination are provided. First, one can request a local search and examination. Presumably there will be fees in connection with both requests. Examination must be requested within 22 months of the priority date. If, however, one wishes to have a preliminary search conducted before incurring the cost of examination such a preliminary search must be requested within 16 months of the priority date. A second option is to submit a certified copy of a granted patent issued in one of the following jurisdictions: Australia, United Kingdom, Canada, EPO, New Zealand or United States. This can be done within 22 months of the priority date. Thirdly, one can submit a copy of a search report issued by the Australian, British, Canadian, European, New Zealand or United States Patent Office together with a request for examination and a copy of all citations. Finally, if one has had an international preliminary examination carried out under Chapter II of PCT one can request immediate grant. (Apparently this can be done irrespective of the nature of the international preliminary examination report on the basis that if the report was not favorable the public is properly warned by the nature of the report given.) In all cases patents must be granted within 3-1/2 years of the priority date.
Any British or European patent application designating the United Kingdom which is still pending on February 23, 1995 and which is not granted before February 23, 1996 may form the basis for an application to be filed in Singapore as long as that application is filed by February 23, 1996 and a certified copy of the British or European application is filed. If none of these conditions applies, an application may be filed under the new law and can apparently claim convention priority from an application filed in another Paris Convention country as long as the application in Singapore is filed within one year of the first such filing.
April 1995 Index