Bilateral Patent Prosecution Highway Programme between the Intellectual
Property Office of Singapore and the European Patent Office1.

Background1.1

To obtain patent protection for an invention in several countries usually requires theinvention to be searched and examined in each of the countries. If the patentauthorities in these countries were to share the results of their search and/or
examination with each other, the opportunity for a patent office to make reference toearlier work done could have several potential benefits:(a)Reduced work – Reference to the earlier work done could reduce or eveneliminate the need for subsequent search and examination work.

(b)

Accelerated examination – The reduced work could generally lead to a fasterexamination of the patent application.

(c)

Better search and examination – Other patent offices might have access todatabases unavailable (e.g. specific technical databases, local databases,
databases in other languages) to the examiner, therefore the opportunity torefer to these search and examination results could provide the examiner withinformation on and assessment of prior art that he or she would otherwise nothave access to.

2.

Bilateral Patent Prosecution Highway Programme

2.1

The Bilateral Patent Prosecution Highway (PPH) Programme between the Intellectual
Property Office of Singapore (IPOS) and the European Patent Office (EPO) is one
way for the two offices to share their search and examination results with each other.

2.2

Where IPOS is the Office of Earlier Examination (OEE) and the IPOS application
contains claims that are determined to be allowable/patentable, the applicant may
request accelerated examination at the EPO for the corresponding application filedwith the EPO as the Office of Later Examination (OLE). The requirements andprocedures for filing a request with the EPO for participation in the PPH programme
are available from the EPO website at: http://www.epo.org/law-practice/legaltexts/official-journal/2017/12/a110.html.

2.3

Where the EPO is the OEE and the EPO application contains claims that are
determined to be allowable/patentable, the applicant may request accelerated
examination of the corresponding application filed with IPOS as the OLE byfurnishing certain information of the IPOS application as set out in the requirements
and procedures below.

3.

Bilateral PPH Programme

3.1

The Bilateral PPH Programme commences on January 6, 2015, for a period of 3
years, with a further extension of another 3 years thereafter until January 5, 2021.

3.2

In recognition of the benefits that the Bilateral PPH Programme brings to bothregions and offices, the programme is extended in a permanent manner for anindefinite period of time with effect from 6 January 2021. IPOS and the EPO may
terminate the programme if the volume of participation exceeds manageable level, orfor any other reason. Notice will be published if the Bilateral PPH Programme will beterminated.

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4.

Requirements for requesting accelerated examination of an IPOS patentapplication under the PPH

4.1

Both the IPOS application for which acceleration is requested and the EPO
application(s) forming the basis of the PPH request shall have the same earliest date
(whether this is a priority date or a filing date).

4.2

The EPO application has at least one claim that is determined to beallowable/patentable by the EPO.

4.3

All claims in the IPOS application must sufficiently correspond or be amended to
sufficiently correspond to one or more of the claims found allowable/patentable by
the EPO. Claims will be considered to sufficiently correspond where, accounting fordifferences due to translations and claim format, the claims are of the same or similar
scope, or the claims are narrower in scope. In this regard, a claim that is narrower inscope occurs when a claim in the IPOS application is amended to be further limited
by an additional technical feature that is supported in the specification.

4.4

Examination has not begun on the IPOS application.

4.5

Diagrams depicting a list of scenarios in which a request for accelerated examinationof the IPOS application can be made under the PPH programme are found in Annex
I.

5.

Procedures for requesting accelerated examination of an IPOS patentapplication under the PPH

5.1

File duly completed Patents Form 11 (Request for Search and Examination Report)
or Patents Form 12 (Request for Examination Report). These forms can be found at:https://digitalhub.ipos.gov.sg/ (electronic platform for online filing).

5.2

The Patents Form 11 or Patents Form 12 must be accompanied by:

5.3

5.4

(a)

a copy of all office actions of the EPO application being relied upon;(b)a copy of the allowable/patentable patent claims referred to in (a) above; and(c)a claims correspondence table showing the relatedness of theallowable/patentable claims referred to in (a) above to the claims in the current
IPOS application. The format of the Claims Correspondence Table is found in
Annex II.

The documents listed in 5.2 (a) can be either the:(a)national work product established during the processing of a national
application or a Patent Cooperation Treaty (PCT) application that has entered
the national phase before the EPO; or(b)

PCT work product established by the EPO as International Searching Authority
or International Preliminary Examining Authority.

If the documents listed in 5.2(a) and 5.2(b) above are available in the EPO Dossier
Access System or the World Intellectual Property Organisation’s PATENTSCOPE
system, they need not be filed with the Patents Form 11 or Patents Form 12. The
EPO Dossier Access System is accessible via

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http://www.epo.org/searching/free/register.html. The PATENTSCOPE system isaccessible via http://www.wipo.int/pctdb/en/index.jsp.
5.5

For avoidance of doubt, a copy of the patent grant without the documents listed in(a), (b) and (c) above will not qualify for the PPH.

5.6

The checkbox for “ASPEC/PPH” must be selected in the Patents Form 11 or Patents
Form 12.

5.7

If the request for PPH is sought after the Patents Form 11 or Patents Form 12 is filed,
an email must also be sent to IPOS at PT_acceleration@ipos.gov.sg. The email must
contain in its subject, the title "PPH acceleration requested" and should also informwhether any amendments are required to conform the Singapore claims to theforeign allowed claims. Upon receipt of the email, IPOS will advise if examination has
started on the IPOS application, and if examination has not started, we will invite theapplicant to submit the relevant PPH documents in 5.2 via ad-hoc correspondence at
https://digitalhub.ipos.gov.sg/.

5.8

Any subsequent correspondences with IPOS must also be marked with the phrase“PPH acceleration requested”.

6.

Cited Documents

6.1

A copy of each of the documents cited in the documents submitted under paragraph
5.2 (a) is not required at the time of filing the PPH request. IPOS may, however,require the applicant to furnish a copy of any document cited subsequently.

7.

Translations

7.1

The documents in paragraph 5.2 must be accompanied by an English translation if
they are not originally in English, at the time of filing the PPH request.

7.2

The documents in paragraph 6 may be filed in their original language. However,
IPOS may subsequently request for an English translation of a document or a part ofa document if an English abstract of the cited document is not available.

7.3

If it is not possible for IPOS to understand the English translation of any document,
IPOS can request the applicant to resubmit the English translation of that document.

8.

PPH Request

8.1

IPOS will treat a PPH request as a request for accelerated examination under the
PPH programme. Where the PPH request is granted, the IPOS application will beprocessed in an accelerated manner. In those instances, where the PPH request
does not meet all the requirements and procedures set forth above, the applicant will
be notified and the defects in the request will be identified. The applicant will be given
one opportunity to correct formal deficiencies identified in the request. If the request
is not corrected, the application will be taken out of the PPH programme and theapplicant will be notified.

9.

Examination of IPOS patent application under the PPH

9.1

The IPOS application will be examined in accordance with the Singapore Patents Act(Cap. 221) and the Singapore Patents Rules. The legislations can be found at:https://www.ipos.gov.sg/resources/ip-legislation.

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9.2

Applicants should seek professional advice on patent matters in Singapore, inparticular, with reference to section 30 (Grant of patent) and section 69 (Restrictions
on relief for infringement) of the Singapore Patents Act (Cap. 221).

10.

Enquiries

10.1

For enquiries relating to the Patent Prosecution Highway programme, please send an
email to PT_acceleration@ipos.gov.sg.

INTELLECTUAL PROPERTY OFFICE OF SINGAPOREDATE: 2 June 2022
Last updated: July 2023

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Annex I
Scenarios using the National Work Product
Scenario (1): The IPOS application validly claims priority under section 17 of the Singapore
Patents Act (Cap. 221) from the EPO application being relied upon for the PPH request.

Indication ofallowable/patentableclaim(s)EPOapplication
Priority
claim

Requestfor PPH

IPOS
application

The request for PPH can also be made in the reverse scenario where the EPO
application claims priority from the IPOS application.

Scenario (2): The IPOS application is a divisional application of the IPOS applicationreferred to in (1) above, and said divisional application validly claims priority under section
17 of the Singapore Patents Act (Cap. 221) from the EPO application being relied upon for
the PPH request.

Indication ofallowable/patentableclaim(s)EPOapplication
Priority
claim

IPOS1
application
Divisional

IPOS2
application

Request for
PPH

The request for PPH can also be made in the reverse scenario where the EPO
application claims priority from the IPOS application.

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Scenario (3): The IPOS application validly claims priority under section 17 of the Singapore
Patents Act (Cap. 221) from the EPO application (“EPO1 application”), and the EPO
application being relied upon for the PPH request (“EPO2 application”) also validly claims
domestic priority from EPO1 application.

EPO1
application

Priority
claim

Domestic Priority
claim

EPO2
application

Indication ofallowable/patentableclaim(s)Requestfor PPH

IPOS
application

The request for PPH can also be made in the reverse scenario where the EPO1
application claims priority from the IPOS application.

Scenario (4): The IPOS application is a divisional application of the IPOS applicationreferred to in (3) above, and said divisional application validly claims priority under section
17 of the Singapore Patents Act (Cap. 221) from the EPO application (“EPO1 application”),
and the EPO application being relied upon for the PPH request (“EPO2 application) also
validly claims domestic priority from EPO1 application.

EPO1
application

Priority
claim

Domestic Priority
claim

EPO2
application

Indication ofallowable/patentableclaim(s)IPOSapplication
Divisional

IPOS
application

Requestfor PPH

The request for PPH can also be made in the reverse scenario where the EPO1
application claims priority from the IPOS application.

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Scenario (5): The IPOS application is a national phase entry of a PCT application (“IPOS
NP application”), and the IPOS application validly claims priority under section 17 andsection 87 of the Singapore Patents Act (Cap. 221) from the EPO application. The EPO
application is being relied on for the PPH request.

EPO
application

Indication ofallowable/patentableclaim(s)Priority
claim

IPOS NPapplication

PCT
application

Requestfor PPH

The request for PPH can also be made in the reverse scenario where the EPO
application claims priority from the PCT application.

Scenario (6): The IPOS application is a national phase entry of a PCT application (“IPOS
NP application”), and the IPOS application validly claims priority under section 17 andsection 87 of the Singapore Patents Act (Cap. 221) from the EPO application (“EPO1
application”). The EPO application being relied upon for the PPH request (“EPO2 NP
application”) is a national phase entry of the same PCT application, and EPO2 NP
application validly claims priority from EPO1 application.

EPO1
application
Priorityclaim

PCT
application

EPO2 NPapplication
IPOS NPapplication

Indication ofallowable/patentableclaim(s)Requestfor PPH

The request for PPH can also be made in the reverse scenario where the EPO1
application claims priority from the PCT application. The EPO1 application can also be
first filed in another office other than IPOS or the EPO.

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Scenario (7): There are two PCT applications, the second application validly claiming
priority from the first application. The IPOS application (“IPOS NP application”) is a national
phase entry of the second PCT application, and the IPOS NP application validly claims
priority under section 17 and section 87 of the Singapore Patents Act (Cap. 221) from thefirst PCT application. The EPO application (“EPO NP application”) being relied upon for the
PPH request is a national phase entry of the second PCT application, and the EPO NP
application validly claims priority from the first PCT application.

First PCT
application
Priority
claim

Indication ofallowable/patentableclaim(s)EPO NPapplication

Second PCTapplication

IPOS NPapplication

Request for
PPH

Scenario (8): There is a first application filed in an office other than the IPOS or the EPO.
The IPOS application validly claims priority under section 17 of the Singapore Patents Act(Cap. 221) from the first application. The EPO application being relied upon for the PPH
request also validly claims priority from the first application.

Application inanother officePriority
claim

Indication ofallowable/patentableclaim(s)EPOapplication

Priority
claim

IPOS
application

Request for
PPH

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Scenario (9): The IPOS application (“IPOS NP application”) is a national phase entry of a
PCT application, and the IPOS NP application validly claims priority under section 17 andsection 87 of the Singapore Patents Act (Cap. 221) from an application filed in anotheroffice. The EPO application being relied upon for the PPH request also validly claims priority
from the application filed in another office.

Application inanother officePriority
claim

EPO
application

Indication ofallowable/patentableclaim(s)Priorityclaim

PCT
application

Request for
PPH

IPOS NPapplication

Scenario (10): The IPOS application (“IPOS NP application”) and the EPO application(“EPO NP application) being relied upon for the PPH request, are national phase entries ofthe same PCT application

PCT
application

EPO NPapplication
IPOS NPapplication

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Indication ofallowable/patentableclaim(s)Requestfor PPHScenarios using the PCT Work Product
Scenario (11): The IPOS application (“IPOS NP application”) is a national phase entry of the
PCT application. The PCT application is being relied upon for the PPH request and it isexamined by the EPO as International Authority (IA).

WO/ISAWO/IPEA
IPER

PCTapplication

IPOS NPapplication

EPO/
IA

Requestfor PPHNP
application

Scenario (12): There are two PCT applications, the second application validly claiming
priority from the first application. The IPOS application (“IPOS NP application”) is a national
phase entry of the second PCT application. The second PCT Application is being relied upon
for the PPH request and it is examined by the EPO as International Authority (IA).

First PCT
application
Priority
claim

Second PCTapplication

WO/ISAWO/IPEA
IPER
IPOS NPapplication

EPO/
IA

NP
application

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Request for
PPHScenario (13): There is a first application filed in an office other than the IPOS or the EPO.
The PCT application validly claims priority from the first application. The IPOS application(“IPOS NP application”) is a national phase entry of the PCT application. The PCT
application is being relied upon for the PPH request and it is examined by the EPO as
International Authority (IA).

Application inanother officePriorityclaim

PCT
application

WO/ISAWO/IPEA
IPER
IPOS NPapplication

EPO/
IA

Request for
PPH

NP
application

Scenario (14): The PCT application validly claims priority from the IPOS application. The
PCT application is being relied upon for the PPH request and it is examined by the EPO as
International Authority (IA).

IPOS
application
Priorityclaim

PCT
application

Request for
PPH

WO/ISAWO/IPEA
IPER
EPO/
IA

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Scenario (15): There are two PCT applications, the second application validly claiming
priority from the first application. The IPOS application (“IPOS NP application”) is a national
phase entry of the second PCT application. The first PCT application is being relied upon for
the PPH request and it is examined by the EPO as International Authority (IA).

WO/ISAWO/IPEA
IPERFirst PCT
application

EPO/
IA

Priority
claim

Second PCTapplication

IPOS NPapplication

Requestfor PPH

NP application

Scenario (16): The IPOS application validly claims priority under section 17 of theSingapore Patents Act (Cap. 221) from the PCT application. The PCT application is being
relied upon for the PPH request and it is examined by the EPO as International Authority(IA).

WO/ISAWO/IPEA
IPER

PCTapplication

EPO/
IA

Priority
claim

IPOS
application

Request for
PPH

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Scenario (17): The IPOS application is a divisional application of another IPOS applicationthat is a national phase entry of a PCT application. The PCT application is being relied upon
for the PPH request and it is examined by the EPO as International Authority (IA).

WO/ISAWO/IPEA
IPER

PCTapplication

IPOS NPapplication

EPO/
IA

NP
application

Divisional

IPOS
application

Requestfor PPH

Scenario (18): The IPOS application (“IPOS2 application”) is a divisional application ofanother IPOS application (“IPOS1 application”). The PCT application validly claims priority
from IPOS1 application. The PCT application is being relied upon for the PPH request and it
is examined by the EPO as International Authority (IA).

IPOS1application

Divisional

WO/ISAWO/IPEA
IPER

Priority
Claim

PCT
application

IPOS2
application

Requestfor PPH

EPO/
IA

Note: The PCT work products are namely the Written Opinion of the International Search Authority (WO/ISA), theWritten Opinion of the International Preliminary Examining Authority (WO/IPEA) or the International Preliminary
Examination Report (IPER).

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Annex II
Claim Correspondence Table (Patent Prosecution Highway)

OFFICE OF EARLIER EXAMINATION (OEE)OEE APPLICATION NUMBER

CLAIMS IN IPOS
APPLICATION1

EXAMINED CLAIMSIN OEEAPPLICATION2

EXPLANATION REGARDING THE
CORRESPONDENCE

Sheet …./….

All the claims in the IPOS application sufficiently correspond to the patentable/allowableclaims in the OEE application.

1

Please indicate the claim number relating to a claim in the current application which corresponds to the allowable/patentableclaim in the OEE application.
2
Please indicate the claim number relating to a claim that has been determined to be allowable/patentable.

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