Patent Protection, Enforcement And Court System In Singapore

PROTECTION

Question 1

What is the term of protection of a patent in Singapore?

Answer 1

In Singapore, a patent life last for twenty (20) years counted from the date of filing. There is no Utility Model in Singapore.

Question 2

Is it possible to extent the lifetime of a patent?

Answer 2

Possible for patents with a filing date on or after 1 July 2004 if:

(a) Unreasonable delay by the SG patent office in granting the patent.
(b) Unreasonable delay by the foreign patent offices in granting a corresponding patent which the subject SG application is relying on, or
(c) Unreasonable delay in obtaining marketing approval for pharmaceutical products.
(Supplementary Protection Certificate)


ENFORCEMENT

Question 1

What are the types of patent enforcement action are available in Singapore?

Answer 1

§ Ex-parte injunctions (Anton Piller Orders and Mareva Injunctions);
§ Springboard and post patent expiry injunction;
§ Interlocutory Injunction;
§ Permanent Injunction;
§ Damages and
§ Delivery up of the infringing goods by the defendant.

Question 2

How can the patent owner most effectively make his point to stop an infringement?

Answer 2

Obtain an injunction.

Question 3

Are protective orders available in Singapore?

Answer 3

Yes.

Question 4

Does Singapore’s patent law require the patent owner to send a cease and desist letter to an alleged infringer before a court action can be taken against him?

Answer 4

No.

Question 5

Is it possible to seek a preliminary injunction? If so, how long would this action take?

Answer 5

Possible. Time frame for an inter parte is between 2 – 4 months. If ex parte, than it would be heard urgently in a week or two.

Question 6

Is it possible to seek seizures / inspections of suspect goods?

Answer 6

Yes.

Question 7

How long would a patent infringement / patent invalidation case take? At typically what cost

Answer 7

1. Infringement action duration 24 – 36 months.
2. Invalidation action duration 24 – 36 months.
3. Typical cost – this can vary according to complexity of case, whether it is contested and seniority of person handling the case.

Question 8

How are damages / royalties assessed?

Answer 8

Damages are assessed on a loss of profit basis. Any damages or account of profits or grant of other relief are also possible.

Question 9

Can the alleged infringer sue for damages if the patent owner fails to prove infringement in court of Singapore?

Answer 9

Yes.


COURT SYSTEM

Question 1

Briefly describe any recent cases of patent invalidation or patent infringement in Singapore?

Answer 1

Trek Technology (Singapore) Pte Ltd v FE Global Electronics Pte Ltd and Other Suits [2005] SGHC 90.

The defences on lack of novelty and inventiveness were raised. The court reviewed the defendant devices and held it was infringing as they contain each and every element of the claims of the patent.

The court rejected the plaintiff's claim that there was a conspiracy to infringe the patent, as it held that a party would only be liable for conspiracy to infringe where it actually induces the infringement or there is evidence of an understanding to carry out acts of infringement. The mere fact that the Israeli manufacturer gave indemnities to the Singaporean distributor was not sufficient for the court to infer that inducement had taken place to constitute acts of patent infringement, as the threshold of proving conspiracy is high.

On the claim of joint tortfeasorship against the defendants on grounds that the acts of infringement were carried out in "furtherance of a common design", the court held that two persons who agree on a common course of action and commit a tort would be joint tortfeasors. The court looked at the relationship of the parties especially the indemnity given by the manufacturer and held there was a common design to infringe the patent.

Question 2

How efficient are the courts in disposing IP litigation cases in Singapore?

Answer 2

Reasonably efficient.


Question 3

Are the judges technically qualified?

Answer 3

No.

Question 4

Do the courts rely on precedent cases decided in foreign countries?

Answer 4

Yes, United Kingdom.

Question 5

How are foreigners treated by the courts in Singapore?

Answer 5

Same as locals.

Question 6

What is the time frame for a patent invalidation / patent infringement suit to be decided?

Answer 6

2 – 3 years.

Question 7

What step(s) must be taken to appeal a court decision in Singapore?

Answer 7

A Notice of Appeal is filed within 14 days of the date of the decision.