TOPIC : GENERAL QUESTIONS ON FILING PROCEDURE IN SINGAPORE

Question 1
If the national phase of a PCT application is entered?
(Example of fictive response: 5 years from the PCT filing date)

Answer 1
39 months from the earliest priority date, or where there is no priority date, the date of filing the application (international filing date).

Question 2
If the deadline for requesting examination has expired, does your national law foresee a remedy, or has the application definitively lapsed?
(Example of fictive response: 2 months after receipt of a noting of loss of rights it is possible to file a reinstatement request and to pay a surcharge).

Answer 2
Upon expiry of the 39 months deadline, Applicant may have up a period not exceeding 3 months to file the examination request. Over and above the 3 months extension, the Registrar may allow a further extension on such terms as he may direct and subject to the furnishing of a statutory declaration or affidavit setting out the grounds for the extension request.

The application may not be deemed lapsed even if no request for examination has been filed at all, since the Applicant may rely on the International Preliminary Report on Patentability (IPRP) or results of a foreign corresponding application for eventual grant of the Singapore patent.

Question 3
Does your law foresee that a small entity status enjoys a reduction of fee(s)?

Answer 3
No.

Question 3 (a)
If yes, please mention the definition of a small status entity
(Example of fictive response: 20 employees or less)

Answer 3 (a)
N/A.

Question 4
Please provide us with all blank documents in English and your national language (for patent applications) necessary for completing the entry into the PCT national phase (patent applications) in your country.
(Example of fictive response: Power of attorney form (Word), Assignment document (Word) in English and your national language, forms P3&P26 (Word) …)

Answer 4
In Singapore, there are no documents required such as POA, assignments etc for National Phase entry. The POA is filed online by the representing counsel.

Question 5
Provide us with all blank documents in English and your national language (for designs) necessary for completing the filing of a design application in your country.
(Example of fictive response: Power of attorney form (Word), Assignment document (Word) in English and your national language, forms P3&P26 (Word) …)

Answer 5
In Singapore, there are no documents such as POA, assignments etc for filing a Design application.

Question 6
What is the deadline for filing the documents mentioned in items 4 and 5?
(Example of fictive response: 2 months from the 30/31 months deadline from the PCT filing date (patent applications) / filing date (designs))

Answer 6
N/A.

Question 7
Kindly let us know if the deadline mentioned in item 6 has expired, is there still an extension of time possible with surcharge?
(Example of fictive response: yes, 2 months from the communication date of the PTO + surcharge)

Answer 7
N/A.

Question 8
If the deadline mentioned in item 7 has expired and no document has been filed, what is the legal consequence for the application regarding each document?
(Example of fictive response: assignment: application deemed withdrawn; POA: no representation possible; priority document: loss of priority date)

Answer 8
N/A.

Question 9
If it is possible to file a General Power of attorney, please provide us with such document.

Answer 9
No provision for POA as mentioned, thus no provision for General Power of Attorney.

Question 10
Should an assignment document be notarized?

Answer 10
NA, but we would have to submit a Statement of Inventorship online, which lets the Registry know how the Applicant derives its rights from the Inventors (e.g. assignment, employment, etc). No supporting documents are required for submission.

Question 11
Should an assignment document be legalized by Apostille or by the Consulate (please precise by Apostille or by the Consulate, if any)?

Answer 11
N/A.

Question 12
If possible, please provide us with a copy (in PDF format) of any General Power of Attorney form duly signed, we sent you in the past
(Example of fictive response: General POA for Total Petrochemicals… in PDF format attached)

Answer 12
N/A.

Question 13
Does your PTO request the filing of original documents (POA, assignment) or is a copy sent only by fax of those documents accepted by your PTO?
(Example of fictive response: a copy sent only by fax is accepted, no original needed).

Answer 13
N/A.

Question 14
In case the priority document is drafted in a language other than English, do you need a verified English translation of the priority document, i.e. duly verified by the translator or authorized by the applicant?

Answer 14
No, for all applications filed after 1 July 2004, it is no longer necessary to submit a certified copy of the priority document with its translation unless the Registrar explicitly calls for it.

Question 14 (a)
If yes, what is the deadline for filing such translation with your PTO?

Answer 14 (a)
N/A.

Question 14 (b)
What is the legal consequence if the priority document is not filed within the deadline? (Example of fictive response: loss of priority date).

Answer 14 (b)
N/A.

Question 15
What is/are the official language(s) for filing a patent application?
(Example of fictive response: English or French only)

Answer 15
English only.

Question 16
What is/are the official language(s) in which documents like POA, assignments must be drafted?
(Example of fictive response: English or French only)

Answer 16
English only.

Question 17
Kindly let us know if you need particulars for filing an application in your country (patent application number, copy of the office actions, responses to the office action, …) of corresponding foreign patent applications/patents?

Answer 17
No, not at the time of filing. However, they are needed when the Applicant chooses to rely on a corresponding application for GRANT of the Singapore patent.

Question 17 (a)
If yes, mention the countries/organization(s) (example of fictive response: US, AU, EP)

Answer 17 (a)
The patent offices prescribed in Singapore for the purposes of the definitions of “corresponding application” are —

(a) those of Australia, Canada (in respect of applications for a Canadian patent filed in the English language), Japan, New Zealand, Republic of Korea, the United Kingdom and the United States of America; and

(b) the European Patent Office (in respect of applications for a European patent filed in the English language).

Question 17 (b)
If yes, is there a deadline for filing these particulars?

Answer 17 (b)
At the time of requesting GRANT of the patent, i.e. either by 42 months or 60 months from the earliest priority date.

Question 17 (c)
If yes, what is the legal consequence if we do not file such particulars despite corresponding foreign patent application(s)/ patents exist?

Answer 17 (c)
Application considered withdrawn, if the Applicant wishes to secure grant by reliance on allowed corresponding applications, and yet Applicant fails to furnish the particulars.