fCopyright © 2024 Intellectual Property Office of Singapore
You may download, view, print and reproduce this document without modifications, but only
for non-commercial use. All other rights are reserved. This document and its contents are
made available on an "as is" basis, and all implied warranties are disclaimed.
These guidelines will be updated at regular intervals and are based on IPOS’ interpretation of
the currently applicable law and practice of patents. The contents of this document do notconstitute, and should not be relied on as, legal advice. You should approach a legal
professional if you require legal advice.
Any feedback from readers drawing attention to errors as well as suggestions for improvement
will be greatly appreciated and this may be sent by email to: IPOS_Enquiry@ipos.gov.sg.

Page 2 of 181

REVISION HISTORY
VersionDescription of Revisions

Chapter

Date of ReleaseAug 2017

First Version-

1 Aug 2017

Aug 2018

Revisions have been made to the following parts:••

ISO 9001:2015 Quality management
Disclosure of invention prior to filing•

Merging of Patents Form 1 and 8•

Patentable subject matter check forsupplementary examination
Closure of foreign route
Relying on utility model/patent applications for
supplementary examination
Time period for application to be treated asabandoned
Time period for switching of search andexamination routes
Merging of Patents Forms 12B and 13
Examiner-initiated informal communication
Examples relating to addition, correction or latedeclaration of priority
Request for correction of error

•
•
•
•
•
•
•
•

Nov 2018

Revisions have been made to the following parts:• Removal of payment via cheque and cash
Addition of Visa and MasterCard payment
methods• Addition of Example 4 for making
amendment/correction

Page 3 of 181

1 Aug 2018
1.3
2.2.29 to 2.2.32,
6.1.18 to 6.1.23
2.3
6.1.3
6.1.4
6.1.136.1.146.3.11
6.4.2
6.4.15 to 6.4.20
11.2
11.8

1 Nov 2018
4.1.5, 11.4.22

5.11

Version

Description of Revisions

Dec 2019

Revisions have been made to the following parts:• Page count of sequence listing
•
•
•
•
•
•

•
•
•
•
•
Nov 2020

Chapter

Payment of application fees
Request for journal copies
Format for amendment/correction of
specification
Procedure for rectifying deficiency to Patents
Form 13
Condition for refund of S&E forms
New pilot features PCT-ASPEC and ASPEC
Acceleration for Industry 4.0 Infrastructureand Manufacturing (ASPEC AIM)
GPPH participating offices, types of PPH
requests and IP office dossier access system
Recipient of renewal reminder
Requirements for national security clearance
Submission and payment for contravention ofnational security clearance
Contact details of Patent Examiners

Revisions have been made to the following parts:• Scope of ISO 9001 certification• Mode of correspondence• Acceptance of specification in Microsoft Word
(DOCX) format• No figures indicated on the abstract• Payment mode for journal purchase• Removal of supplementary examination routefrom 1 Jan 2020
• Claims correspondence for ASPEC application• Addition of PPH pilot programme with the
National Institute of Industrial Property (Brazil)• Addition of patent cooperation with Laos
• Requirement for Fast Track supporting
document when applying to obtain a patent
grant within 12 months• Replacement of FinTech Fast Track (FTFT) and
Accelerated Initiative for Artificial Intelligence(AI2) with SG IP Fast Track programme• Submission of consolidated specification with
Patents Form 14• Contact details of Patent Examiner

Page 4 of 181

Date of Release
1 Dec 2019

2.2.242.3.43
4.1.5
5.6, 5.12, 6.3.6,
6.4.4, 9.3.4, 11.8.23
5.9
6.3.16, 6.4.11
7.3.127.2
9.1.1811.4.911.4.19, 11.4.23
11.7.42 Nov 2020
1.3
2.3.322.3.36 to 2.3.38,
2.3.40
2.6.6
4.1.5
6.1.14 andflowcharts
7.1.9d
7.2.2, 7.2.3,
7.2.5
7.4

7.6

8.1.4
11.7.4

Version

Description of Revisions

Chapter

Date of Release

Dec 2021•-

27 Dec 2021

Jun 2022

Revisions have been made to the following parts:• Replace “IP2SG” with “IPOS Digital Hub”
• Fees in flowcharts for national application andnational phase entry application processes• Form and presentation of abstract• Form and presentation of sequence listing• Update to format and name of Patents Form 1• Procedures for removal of agent/or
representative on record• Amendment(s) made during the international
phase for national phase entry applications• Update to publication frequency of the Patents
Journal• Amendment(s) or correction(s) should bereflected similarly in both the clean andmarked-up copies• Examination for an application relating to two
or more inventions• Criteria for provision of search results andearlier relevant application• Procedures for Invitation to Amend• Content of Examination Review Report• Introduction to observations by third-party• Written opinion as an acceptable search andexamination result for ASPEC• Extension of ASPEC AIM programme• Update to PPH with CNIPA• Extension of SG IP FAST programme anddeletion of 12 months file-to-grant programme
information• Introduction of re-examination after grant• Requirement of Patents Form 8 for national
phase entry application• Contravention of Section 34 by patent agent• Update to applicant or inventor details after
national security clearance• Submission of document to support request
for refund to be considered on a case-by-casebasis• Correction of register for published patentapplications only

Update of IPOS logo

Page 5 of 181

2 Jun 2022

2.2.18 to 2.2.25
2.2.262.3
2.3.36, 2.3.37
3.4.1g(iii)
4.1.4
5.1.6, 6.3.11,
6.4.4, 9.3.4
6.1.2
11.3.4, 11.3.5
6.3
6.4.9
6.5
7.3.6, 7.3.10
7.3.22
7.2
7.4

9.6
11.1.311.4
11.4.13c

11.6.411.8

Version

Description of Revisions

Chapter•

11.8.11•Apr 2024

Correction of name, address and Singapore
address for service using Form CM4 instead of
CM2
Provision of supporting reasons and/or
documents for justification of correction
request

Revisions have been made to the following parts:• Mode of form submissions• References to latest Practice Direction
•
•
•
•
•
•

•
•
•
•
•
•
•
•
•
•
•

Application of WIPO standard ST.26 forsequence listing
DOCX as preferred format for patent
specifications
Mode of submission of attachments
exceeding 100 MB
Provision of priority application number
Requirements on indication of drawing in
abstract
Removal of event on publication of English
translation of PCT application in Patents
JournalIndication of the basis from the application as
filed for amendments of specification
Requirement on submission of a copy of NonPatent Literature
Addition of PPH pilot programme with Saudi
Authority for Intellectual Property (SAIP)
Request for PPH after the Patents Form 11 or
12 is filed
Introduction of Collaborative Search andExamination (CS&E) pilot programme
Criteria and formalities check for national
security clearance
Request for Composition of an offence via
IPOS Digital Hub
Eligibility for refund of withdrawn search
and/or examination requests
Correction of the source of error
Conditions for advertisement of request forcorrection of error under Rule 58
Correction of register by Registrar

Page 6 of 181

Date of Release

11.8.17

11 Apr 2024
1.2.1
2.2.26, 2.2.29,
2.2.32-2.2.35
2.2.26
2.3.3
2.3.4
2.3.10
2.6.3
4.3.3

5.1.6
6.1.6
7.2
7.2.7
7.5
11.4.1211.4.24
11.6.311.8.611.8.1411.8.19

1.

Introduction…………………..……………….…….... 8

1.1
1.2
1.3

About the Manual
Filing of Requests
Quality Management

2.

Request For Grant of Patent …………………… 10

2.1
2.2
2.3

2.5
2.6

Application for Grant of Patent
Making of Application
Guide to Completing Patents Form 1
Allocation of Patent Application Number andEntity Code
Date of Filing Checks
Preliminary Examination

3.

National Phase Entry ………………..…………… 35

3.1
3.2

Patent Cooperation Treaty (PCT)
Allocation of Patent Application Number andEntity Code for National Phase Entry Applications 9.6
Retrieval of Information from WIPO
Date of Filing Checks
10.
Recordal of Changes
10.1
Publication ………………………………..…..…….. 46
10.2

2.4

3.3
3.4
3.5
4.
4.1
4.2
4.3

Publication of Patent Application
Request for Early Publication
Publication of Translation of International
Application and/or any Amendment toInternational Application

7.

Schemes to Accelerate Search and/ or
Examination Processes ………………………………… 80

7.1
7.2
7.3
7.4
7.5
7.6

Acceleration and Worksharing Programmes
Patent Prosecution Highway (PPH) request
ASEAN Patent Examination Co-operation (ASPEC)
Patent Cooperation with Cambodia and Laos
Collaborative Search and Examination (CS&E)
SG IP Fast Track

8.

Grant of Patent ……………………….…….…………… 95

9.

Post-Grant ……………………..………...……........... 104

9.1
9.2
9.3
9.4
9.5

Patent Renewal
Extension of the Term of Patent
Amendment after Grant
Restoration of Patent
Payment of Additional Fee and Renewal Fee for
Restoration of Patent
Re-examination After Grant

Extension of Time or Period
Protection and Compensation of Persons
Affected by Extension of Time

11.

Other Procedures ………………….……..…..………. 139

11.1
11.2

11.8

Mention of Inventor
Addition, Correction or Late Declaration ofPriority
Filing of Drawing(s), Description or Part of
Description
National Security Clearance and Contravention
Application for Entry to be made, or for
Cancellation of Entry, in Register to Effect that
Licences under Patent are to be Available as of
Right
Withdrawal and Refund
Communication with the Registry or the Patent
Examiner
Correction of Error

12.

APPENDIX ……………….…………………………..……. 174

5.

Amendment Before Grant ………………….…. 50

11.3

6.

Search and Examination ………………………… 54

11.4
11.5

6.1
6.2
6.3

Search and Examination Routes
Request for Supplementary Search Report
Response to Written Opinion/Invitation to
Amend
Request for Examination Review Report
Observations by Third Party

6.4
6.5

Extension of Time ………….………....……………… 130

11.6
11.7

Page 7 of 181

1.1 About the Manual
1.1.1

A patent is a right granted to the owner of an invention that prevents othersfrom making, using, importing or selling the invention without his
permission. A patentable invention can be a product or a process that gives
a new technical solution to a problem. It can also be a new method of doing
things, the composition of a new product, or a technical improvement on
how certain objects work. Once it is granted, the term of a patent is 20 years
from the date of filing, subject to the payment of annual renewal fees.

1.1.2

The Registry of Patents processes patent filings received at the Intellectual
Property Office of Singapore (IPOS). This Formalities Manual aims to provide
the applicant with a better understanding on the requirements andprocedures of the patent prosecution process in accordance with theSingapore Patents Act and Rules. It refers to the Singapore Patents Act andRules with effect from 26 May 2022, unless otherwise specified. Legal
provisions cited are of the Singapore Patents and Rules, unless otherwise
specified.

1.2 Filing of Requests
1.2.1

The IPOS Digital Hub is a one-stop solution designed tofacilitate online IP related searches and transactions in Singapore.
Submissions of IP applications and forms are to be made through this e-filing
portal. For forms/requests which are not available for e-filing via IPOS Digital
Hub, they are to be submitted via FormSG. For more information, please
visit the IPOS corporate website.

1.3 Quality Management
1.3.1

The management of national and international patent application processes
and their payment processes is aligned with ISO 9001:2015 standards.

Page 8 of 181

1.3.2

Quality Policy: “We strive to work effectively with all interested parties toprovide quality products and services to the satisfaction of our customers
and meet the applicable requirements. We are committed to continually
improve our systems and processes for enhancing the validity, reliability andtimeliness of our products and services.”

Page 9 of 181

2.1 Application for Grant of Patent
2. Description of
the invention

5. Drawings(optional)

1. A request
for grant of apatent withfees paid

3. One ormore claim(s)4. Abstract of theinvention

2.1.1

A complete application for a patent contains –a. A request for grant of a patent, accompanied by the prescribed fee;b. A description of the invention. The description should describe at least
one way of carrying out the invention claimed, with examples, whereappropriate, and with reference to the drawings, if any;c. One or more claim(s). The claims define the scope of protection of theinvention and should be supported by the description;d. Any drawing(s) referred to in the description or any claim(s);e. An abstract of the invention. This is a summary of the invention and isused in the publication of the patent application.

Section 25

2.1.2

A request for grant of a patent must be made on Patents Form 1.

Rule 19(1)2.1.3

For the purpose of securing a date of filing, it is possible to submit adocument indicating that a patent is sought, in place of Patents Form 1. The
document is to include what appears to be a description of the invention forwhich the patent is sought. Details of the applicant should also be indicated.
However, the application must be followed by Patents Form 1 and the filing

Page 10 of 181

fee within 1 month from the date of filing of that document. Otherwise, thepatent application will be treated as abandoned.

2.2 Making of Application
Patent Specification & Abstract

Form and Presentation of Description
2.2.1

The description should commence with a title. The title is the same as thetitle provided on Patents Form 1.

2.2.2

The description may contain chemical or mathematical formula or tables,
but it should not contain any drawings, flow sheets or diagrams.

2.2.3

The pages of the description should be numbered consecutively in Arabic
numerals placed at the top or bottom of the sheets. Please refer to Rule 23
for more information on the presentation of the description.

Rule 23

2.2.4

The description shall first state the title of the invention as appearing in therequest and shall —a. Specify the technical field to which the invention relates;b. Indicate the background art which, as far as it is known to the applicant,can be regarded as useful for the understanding, searching andexamination of the invention;

Rule 19(5)Page 11 of 181

Rule 19(4)c. Disclose the invention as claimed in such terms that the technicalproblem, even if not expressly stated as such, and its solution can beunderstood, and shall state the advantageous effects, if any, of theinvention with reference to the background art;d. Briefly describe the figures in the drawings, if any;e. Set forth at least one mode for carrying out the invention claimed, with
examples where appropriate, and with reference to the drawings, ifany; andf. Indicate explicitly, when it is not otherwise obvious from thedescription or the nature of the invention, the way(s) in which theinvention is industrial applicable.

Section 13(1)(c)Form and Presentation of Claims
The claims should commence on a new sheet of paper which is placed after
the description to form one set of documents. For example, if thedescription is on pages 1 to 10, the claims should begin on page 11. If there
are more than one claim, the claims should be numbered consecutively inArabic numerals.

Rule 23(8)2.2.6

The applicant is encouraged to keep the number of claims reasonable inconsideration of the nature of the inventions claimed. Claims in excess of 20
claims attract a fee per claim at the search and/or examination phase andfor the purposes of issuance of certificate grant of patent. Please refer toRule 23 for more information on the presentation of the claims.

Rule 19(6)2.2.7

The definition in the claim of the matter for which protection is sought shallbe in terms of the technical features of the invention which may be
expressed in structural, functional or mathematical terms.

Rule 19(7)2.2.8Claims shall be written —a. in 2 parts, the first part consisting of a statement indicating thosetechnical features of the invention which are necessary in connection
with the definition of the claimed subject matter and which, in
combination, appear to be part of the prior art and the second partpreceded by the words “characterised in that”, “characterised by”,
“wherein the improvement comprises”, or other words to the same
effect, followed by a statement stating concisely the technical features
which, in combination with the features stated in the first part, define
the matter for which protection is sought; orb. in a single statement containing a recitation of a combination of several
elements or steps, or a single element or step, which defines the matterfor which protection is sought.

Rule 19(8)2.2.5Page 12 of 181

Rule 19(6A)2.2.9Claims shall not rely, in respect of the technical features of the invention, on
references to the description or drawings, unless such a reference isnecessary for the understanding of the claim or enhances the clarity or
conciseness of the claim.

2.2.10 In Singapore, claim(s) are not required to be furnished at the time of filing apatent application in order to obtain a date of filing. The applicant shallsubmit the claims to the Registry within 12 months from the date of filing of
the application if there is no declared priority date. Where there is a
declared priority date, the applicant shall submit the claims to the Registry
within 12 months from the declared priority date, or 2 months from the dateof filing of the application, whichever expires later. For divisional
applications, the claims are required to be submitted within 2 months fromthe lodgement date of Patents Form 1. Otherwise, the application will betreated as abandoned. The time period to submit the claims is notextendable.

Rule 19(9)Rule 26(5)(a)Rule 26(5)(b)2.2.11 The applicant is able to secure an early date of filing for the invention where
there is a 12-month period to assess the patentability and commercial
viability of the invention before furnishing the claims and committing tohigher cost of patent prosecution.
2.2.12 In general, the date of filing of an application for a patent or a provisional
application is the earliest date on which the documents filed at the IPOS toinitiate the application satisfy the following conditions –a. The documents indicate that a patent is sought;b. The documents identify the applicant for the patent; andc. The documents contain something which is or appears to be adescription of the invention.
2.2.13 Where the above requirements have been complied with, a notification ofdate of filing will be issued. If Patents Form 1 and fees were not submitted
together with the above documents, these should be submitted within one
month from the date of filing of these documents to complete theapplication. Otherwise, the application will be treated as abandoned.

Form and Presentation of Drawings
2.2.14 Drawing is to be submitted as a separate set of documents from the above.
It shall commence on a fresh sheet of paper and pages should be numberedconsecutively in Arabic numerals.
2.2.15 Each drawing or figure should also be clearly numbered consecutively inArabic numerals, independent of the numbering of the sheet. For example,
Page 13 of 181

Section 26(1)Rule 19(2)page 1 of the drawings may contain Figures 1 and 2, while page 2 of thedrawing may contain Figures 3, 4 and 5.
2.2.16 Generally, the drawing should be in black, white or grayscale (no colour). It
should not contain any textual matters. Instead, the features should be
denoted by reference signs mentioned in the description or claims.
2.2.17 The drawings should also be scalable, such that a reduction in size to 2/3
would enable all details to be distinguished without difficultly. For more
information on the presentation of the drawings, please refer to Rules 21
and 23.
Form and Presentation of Abstract
2.2.18 The abstract is to be submitted as a separate set of documents. However, it
forms the same series as the description with claims and is placed
immediately after the claims. The abstract should be numberedconsecutively following the claims. For example, if the claims end on page14, the abstract should be on page 15.
2.2.19 The abstract must be as concise as the disclosure permits and normally notcontain more than 150 words.
2.2.20 If the specification contains any drawings, the applicant must indicate on
the abstract the figure which is intended to be published with the abstract.
The applicant may indicate up to two figures. If there is no suitable figure,the applicant should indicate “No Figure”.
2.2.21 If more than two figures are indicated on the abstract, the Registry may
exercise its discretion to select the figure for publication.
2.2.22 For applications lodged on or after 14 Feb 2014, the requirement for theabstract to commence with a title of invention has been removed.
2.2.23 In addition to the submission of abstract as an attachment, the text of theabstract must also be entered into the relevant text field in the Patents Form
1 if the abstract is not already extracted from the attachment andautomatically populated into the text field. The document name “Abstract”,
title of invention and the figure for publication should be removed from thetext field, if present.
2.2.24 The abstract entered in the text field must be identical to that in theattached abstract document and will be used for publication purposes.
2.2.25 Where the abstract contains chemical formula, mathematical formula ortables that could not be properly captured in the text field, the entire text
Page 14 of 181

Rule 22

shall be removed from the text field and “Refer to abstract attached” shallbe entered in the text field.
Form and Presentation of Sequence Listing
2.2.26 Where an application for a patent discloses a sequence, the description of
the application must include a sequence listing presented as a separate partof the description and in a manner that complies with the IPOS Digital Hub
Practice Direction No. 2 of 2023. For patent applications with a date of filingon or after 1 Jul 2022, sequence listing shall comply with the WIPO standard
ST.26.

Rule 19A(1)2.2.27 Any sequence listing not included in the description of an application of apatent on the date of filing does not form part of the application for thepatent.

Rule 19A(4)Sequence listing submitted with Patents Form 1
2.2.28 If the sequence listing is intended to form part of the description, thedocument type “sequence listing (specification)” is made available for theattachment of sequence listing to Patents Form 1. If the sequence listing is
not intended to form part of the description but as a reference for the
purposes of the search, it is to be submitted with Patents Form 1 using the
document type “sequence listing (for reference)” and should beaccompanied by a statement in the form of a cover letter as referenced
below:

Statement for Sequence Listing
I, [Name], declare that the information in the sequence listing submitted
herein, only for the purposes of the Search, is identical to that forming
part of the application filed on [Date].
Date: _________________

Signature: ________________For sequence listing submitted with Patents Form 1: Sequence listing not in themanner that complies with the Practice Direction
2.2.29 If the sequence listing is not in the manner that complies with the PracticeDirection, upon invitation or voluntarily, the applicant may submit the same
sequence listing as furnished with Patents Form 1 in the manner thatcomplies with the Practice Direction.
Page 15 of 181

2.2.30 In order for the later-submitted sequence listing to form part of thedescription, the applicant will need to make amendment to the specification
via Patents Form 13/Patents Form 13A or correction to the specification via
Form CM4, as appropriate, selecting the document type “sequence listing(specification)”. If it is not possible to provide a marked-up copy of thesequence listing, a letter should be accompanied to clearly indicate thenature of correction/amendment. Changes made and basis for amendments
or corrections must be clearly explained in the form of a cover letter.
2.2.31 Depending on whether it is a request for amendment or correction, when
making such submission, it should also be accompanied by a statement asprovided for reference below:
a. For amendment

Statement for Sequence Listing
I, [Name], declare that the amendments to the sequence listing filed herein,in accordance with Patents Rule 48, do not include matter which goesbeyond the disclosure in the application [Application number] as filed on[Date].
Date: _________________

Signature: ________________

b. For correction

Statement for Sequence Listing
I, [Name], declare that the corrections to the sequence listing filed herein,in accordance with Patents Rule 91, are what was originally intended in theapplication [Application number] as filed on [Date].
Date: _________________

Signature: ________________

Sequence Listing not submitted on the date of filing2.2.32 When a sequence listing is not submitted on the date of filing (e.g., via
Patents Form 1 or via incorporation by reference to an earlier relevant
application), sequence listing may be submitted as a separate reference
document via eCommunications, upon invitation or voluntarily, as “sequencelisting (for reference)”. eCommunications is a mode of correspondence in
IPOS Digital Hub that allows applicants to correspond with IPOS on
application-specific matters. The sequence listing must be in a manner thatcomplies with the Practice Direction. When making such submission, it mustbe accompanied by a statement as provided for reference below.
Page 16 of 181

Rule 26, Section 26
Rule 28

Statement for Sequence Listing
I, [Name], declare that the sequence listing filed herein, in accordance with
Patent Rule 19A for the purposes of the search, does not include matter
which goes beyond the disclosure in the application [Application number] as
filed on [Date].
Date: _________________

Signature: ________________

2.2.33 Alternatively, when a sequence listing is not submitted on the date of filing(e.g., via Patents Form 1 or via incorporation by reference to an earlier
relevant application) and the applicant wishes to submit a sequence listing
to form part of the description, the applicant will need to make amendment
via Patents Form 13/Patents Form 13A, as appropriate, selecting the
document type “sequence listing (specification)”. Likewise, the sequencelisting must be in a manner that complies with the Practice Direction.
Changes made and basis for amendments must be clearly explained in aform of a cover letter. When making such submission, it must also be
accompanied by a statement as provided for reference below.

Rule 48, 49 andSection 84

Statement for Sequence Listing
I, [Name], declare that the amendments to the sequence listing filed
herein, in accordance with Patent Rule 48, do not include matter whichgoes beyond the disclosure in the application [Application number] as
filed on [Date].

Date: _________________

Signature: ________________

2.2.34 Should the sequence listing be not provided or not provided in the mannerprescribed in the Practice Direction, the Patent Examiner need to only
search the application to the extent that a meaningful search may be carriedout. More details are provided in the Examination Guidelines for Patent
Applications.
2.2.35 If a sequence listing forming part of the description is in the manner thatcomplies with the Practice Direction and the applicant wishes to voluntarily
correct or amend the sequence listing, an accompanying statement is notneeded. Changes made and basis for amendments or corrections must still
be clearly explained in a form of cover letter.
Page 17 of 181

Rule 19A(3)For applications with date of filing from 26 May 2022 to 30 Jun 2022
2.2.36 If a sequence listing is intended to form part of the description, it must beplaced immediately after the description and before the claims. The
sequence listing must be numbered independently from the description andclaims. For example, pages 1-10 description, pages 1-5 sequence listing,followed by pages 11-20 claims. The page count for each item must be
indicated under the checklist in Patents Form 1. As the sequence listing is
intended to form part of the description, the page count of the sequencelisting must be included in the page count for description.
2.2.37 If a sequence listing is intended to form part of the description and to besubmitted as a separate document, a new document type “sequence listing(specification)” is made available for the attachment of sequence listing toPatents Form 1.
2.2.38 If the applicant wishes to submit a sequence listing as a separate reference
document, not forming part of the description, such document can besubmitted using the “sequence listing (for reference)” document type toPatents Form 1. For clarity, a cover letter must be attached to indicate thatthe sequence listing will serve as a reference document only.
2.2.39 When a sequence listing is not submitted on the date of filing (e.g., via
Patents Form 1 or via incorporation by reference to an earlier relevant
application), sequence listing may be submitted as a separate reference
document via eCommunications.
Language
2.2.40 If it appears to the Formalities officer that the documents filed at theRegistry are in a language other than English, the Formalities officer will
notify the applicant to provide the English translation and Verification ofEnglish translation (VET) within 2 months from Registrar’s notification. If theapplicant fails to comply, the application will be refused.
Disclosure of Invention Prior to Filing2.2.41 An invention could be considered as not new if it has already been madeavailable to the public. Such disclosure may be novelty destroying and forms
one of the grounds for the revocation of a patent. In certain cases, it may benecessary to disclose the invention before the application for a patent is
made.
2.2.42 For patent applications with date of filing before 30 Oct 2017, the applicant
may write in to inform the Registry by attaching the relevant supporting
documents during the filing of Patents Form 1 if he wishes for the disclosure
Page 18 of 181

to be disregarded as part of the state of the art. The invention must be
disclosed at an officially recognised international exhibition falling within
the terms of the Convention on International Exhibitions within 12 months
from the date of filing of the patent application. The list of officiallyrecognised international exhibitions is available from the Bureau
International des Exhibitions (www.bie-paris.org).
2.2.43 Further, the applicant is required to file a certificate issued by the authority
responsible for the exhibition stating the following within 4 months fromthe date of filing the application –a. The invention was exhibited there;b. The opening date of the exhibition, or if the first disclosure did not takeplace on the opening date, the date of the first disclosure;c. An identification of the invention, duly authenticated by the authority.
2.2.44 For patent applications filed on or after 30 Oct 2017, the grace period
provisions listed in Chapters 6.1.18 to 6.1.24 apply.

2.3 Guide to Completing Patents Form 1
Specifications tab: Reference Number
2.3.1

While a reference number is optional, applicants are encouraged to provide
one. A reference number will assist the applicant in identifying the patentapplication to which the correspondence relates to. This is especially usefulwhen the applicant has filed a number of patent applications with theRegistry.

Specifications tab: Attachment
2.3.2

The applicant must attach the abstract, description, claims, sequence listing(if any) and drawings (if any) in this part. Claim(s) are not required to be
furnished at the time of filing a patent application in order to obtain a dateof filing. The applicant shall submit the claims to the Registry within thetime period specified in Chapter 2.2.10.

2.3.3

Applicants have the flexibility to file patent specifications in DOCX
(Microsoft Word) or PDF (Portable Document Format) file format. DOCX
(Microsoft Word) is the preferred format.

2.3.4

The size of each document uploaded in electronic form cannot exceed 100
MB. Documents exceeding 100 MB must be split into parts not exceeding
100 MB each. If there are more than three (3) parts, please send an email

Page 19 of 181

to ipos_enquiry@ipos.gov.sg for information on how the attachment(s)may be split and filed.

Application Details tab: Claiming the Date of filing of an Earlier Singapore
Application
2.3.5

It is possible to claim the date of filing of an earlier Singapore application as
the date of filing of this application under Sections 20(3), 26 or 47(4).

2.3.6

For a divisional application filed under Section 26, choose the option “Filingfor a divisional of an earlier Singapore application” under Type ofApplication. For an application filed in response to an order by the Registrar
after determination of a question regarding the entitlement of an earlier
Singapore application under Sections 20(3) or 47(4), choose the option“Filing in response to an order by the Registrar regarding the entitlement ofearlier Singapore application”.

2.3.7

Once the parent application number is entered, the parent application
details such as the title of invention, declared priority date(s), and inventor
names will be auto-populated by the system. For both types of applications,the application number of the earlier application and its date of filing must
be indicated. Claiming of an earlier date of filing must be made at the pointof filing the application. A divisional application may, but need not, claim thedeclaration of a priority which was made on the parent application. It is
possible to edit the auto-populated information such as removing a priority
claim. It is not possible for a divisional application to make a claim of priority
which was not claimed in the parent application.

Application Details tab: Title of Invention
2.3.8

The title is a formal requirement and must be provided. It must be short,
precise and indicate the matter to which the invention relates. The Registrar
may reframe the title if it fails to comply with these requirements. This is
usually done by the Patent Examiners during search and examination. As thetitle will be published in the Patents Journal upon notification of the date offiling, the applicant may wish to avoid disclosing too many details about theinvention by being too specific in naming the title of invention.

Application Details tab: Declaration of priority(s) under Section 17(2)2.3.9Singapore, like many countries, allows priority claims to be made in a patentapplication. If an applicant has an application filed earlier in a Paris
Convention country or a World Trade Organization member country, theearlier filed application may be claimed as a priority application in thesubsequent Singapore patent application, provided that the Singapore
Page 20 of 181

application is made within 12 months from the date of filing of the earlier
filed application.
2.3.10 A declaration must be made under this section if the applicant is claiming
priority on one or more earlier relevant applications. For each of the earlier
applications, its date of filing and the country in which it was filed must be
furnished at the time of filing. If the application number of the earlier
application is available at the time of filing this form, it should preferably beprovided. Otherwise, it should be provided before the end of the period of
16 months from the declared priority date. Where an earlier application isan international application or a regional patent application (e.g., European
patent application), one of the countries designated in that application mustbe identified and the country must be entered in the space provided. A copyof the earlier application and any necessary translation is not required to be
filed at this stage.
2.3.11 With effect from 1 Apr 2007, the applicant may apply to restore adeclaration of priority of an earlier relevant application even though theapplicant had failed to file the subsequent patent application within 12
months from the date of filing of the earliest relevant application.
2.3.12 This must be done by filing Patents Form 57 within 14 months from the dateof the earliest relevant application. If the subsequent patent application is
filed after the end of 14 months from the earliest relevant application, theapplicant will be requested to relinquish the priority claim, and it may bedone by way of letter.
2.3.13 The applicant may also apply to add a claim of priority where they had failed
to make a declaration of priority in an application which was filed within 12
months from the date of the earlier application i.e., the priority application.
This should be done by filing Patents Form 57 within 16 months from thedate of filing of the earlier relevant application.
2.3.14 A request to correct a mistake in the declared priority date may be done on
Patents Form 57 within 16 months from the declared priority date if itcauses the declared priority date to be changed to a different date. For moredetails on addition, correction or late declaration of priority, refer to
Chapter 11.2.
2.3.15 A request to remove the declared priority date may be submitted in writing
via eCommunications. The Registrar would make some considerations on
the request. One consideration is that the removal of the declared priority
date should not revive an abandoned application.

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2.3.16 For the list of parties to the Paris Convention and members of the World
Trade Organization, please refer to the WIPO website (www.wipo.int) andthe WTO website (www.wto.org). For the purpose of assessing the validityof a priority claim, IPOS’ views are that a "Convention application" is one
that was filed in a relevant country which had already become a Convention
country as at the date of the filing of the Convention application in theConvention country.
Applicant & Inventors Details tab: Details of Applicant
2.3.17 Any person (either individual or corporate) may make an application for apatent either alone or jointly with others. The right to the patent belongs
primarily to the inventor(s). However, it can also belong to any person who
is entitled to the patent by virtue of any rule of law or any enforceableagreement made with the inventor at the time of the making of theinvention. For example, if the invention has been developed in the courseof work, it may belong to the employer.
2.3.18 Singapore companies or applicants who have prior filings with the Registry
are encouraged to provide their UEN or entity code, respectively. This will
facilitate them in managing their intellectual property portfolio with theRegistry. For example, the UEN or entity code will allow the Registry to
retrieve the existing applicant's information and facilitate the form filing
during electronic submission. In another example, it will allow the applicant
to perform centralised update of name and address.
2.3.19 Name - Where the applicant is an individual, the name must be indicated infull. The address, nationality and country of residency must also be
furnished in the space provided.
2.3.20 Where the applicant is a corporate, it must be designated by the corporate
name, country of incorporation and, where appropriate, the state ofincorporation within that country. The address of the corporate must also
be furnished.
2.3.21 Where the applicant is a sole proprietor or partnership, the details of thesole proprietor or all partners must be provided. The name of the sole
proprietor, or each partner should be indicated in full.
Applicant & Inventor Details tab: Inventor(s)2.3.22 An inventor is the actual person or an individual who devised the invention,and therefore, it cannot be a body corporate. An applicant who is not theinventor must identify the inventor(s) of the invention and state how he has
derived the rights to the invention, e.g., by assignment or by contract of
employment.
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2.3.23 If all the individual applicants named under “Details of Applicant” are also
the inventors, the "Yes" option under Statement of Inventorship and of
Right of Grant of Patent (Patents Form 8) should be selected. Next, details
on whether there are other inventors must be indicated. If one or more of
the applicants is not an inventor, the “No” option should be selected.
Applicant & Inventor Details tab: Details of Inventor
2.3.24 If one or more of the inventors is not an applicant, the details of theinventors must be indicated under Applicant & Inventors (Patents Form 8).
Otherwise, a Statement of Inventorship and of Right to the Grant of a Patentmust be filed on Patents Form 8 within 16 months from the declared priority
date, or in the case of divisional application, on the day of filing Patents Form
1, whichever is later. If the details are not indicated on Patents Form 1 andthe Patents Form 8 is not submitted within the timeline, the application may
be treated as abandoned.
Applicant & Inventor Details tab: Derivation of Right from Inventor
2.3.25 The applicant must indicate how the rights have been derived from theinventor(s) i.e., by contract of employment, assignment of invention, orothers under Derivation of Rights (Patents Form 8).
Other Information tab: Micro-Organism Deposited under the Budapest Treaty
2.3.26 This option should be selected if the specification of the application refers
to one or more micro-organisms deposited with an International Depository
Authority under the Budapest Treaty.
2.3.27 If the invention relates to and/or used a micro-organism, the name of theinternational depositary authority, the date when the culture wasdeposited, and the accession number of the deposit should be given in thespecification of the application.
2.3.28 If the details are not available at point of filing of application, it should be
provided within 16 months from the declared priority date, or the date offiling the application where there is no declared priority date; where, on arequest made by the applicant, the Registrar publishes the application
before the end of the timeline for the purposes of Section 27(1), before thedate of the request.

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Other Information tab: Description Incorporated by Reference to an Earlier
Relevant Application
2.3.29 This section must be completed only if a patent description is not filed withthis form but instead are relying on incorporating the description of an
earlier relevant application declared. Note that this section will only appear
when no specification has been uploaded in the Specification tab.
2.3.30 Where the application for a patent has a date of filing by incorporation byreference, the following information must be provided within the timeline:
a. A written notice confirming that the description of the invention isincorporated in the application by reference, and is completely
contained in, the earlier application, as filed;b. The description;c. A copy of the earlier application, and its English translation, if any;d. Patents Form 56.
2.3.31 A copy of the earlier application and its English translation are not required
to be filed if they have been previously filed at the Registry.
Contact Details tab: Contact Details
2.3.32 For the purpose of any proceedings, an address for service in Singapore
must be furnished.
2.3.33 For an applicant who is a body corporate, the applicant may also wish to
indicate the name of a staff under the representative or C/O field to ensurethat the correspondence is promptly brought to his or her attention.
2.3.34 The applicant may also be represented by an advocate, solicitor or aregistered patent agent ("agent"). If an agent is appointed, the agent should
select the box for agent and indicate his UEN, name and address for service.
2.3.35 The applicant, representative or agent is also recommended to provide his
telephone number and email address to facilitate the office to contact forany matter that requires immediate clarification. However, all official
correspondences will be sent via IPOS Digital Hub.
2.3.36 If the agent intends to cease to act on behalf of their representee for any
application or proceedings before IPOS, he must provide the following in
Form CM1 –a. A notice of such intention;b. The party’s latest address (including any email address) on the agent’s
records; andc. A statement that the agent has given reasonable notice to the party ofPage 24 of 181

Section 26(7)(a)Section 26(7)(b),Section 26(7)(c),
Rule 26(4)Rule 26(4A)such intention and has informed the representee of the consequences if
the representee does not appoint a substitute agent or provide a new
address for service.
2.3.37 If a new Singapore address for service is not furnished in the Form CM1,
the Registrar will issue a notice to the representee to request a new
address for service. The relevant consequences will apply if no address forservice is provided within two months after the date of the Registrar’s
notice.
Summary & Declaration tab: Declaration
2.3.38 The request for the grant of a patent must be signed in this part of the form.
It must be signed by the applicant, or if there is more than one applicant, byeach applicant, or by the authorised agent. Where the application has been
filed electronically, the application may be signed with a text string
signature.
Summary & Declaration tab: Filing Fee
2.3.39 For the purpose of securing a date of filing, the filing fee is not required on
the day of filing the document indicating a patent is sought or Patents Form
1. The applicant has 1 month from the filing of that document to decide
whether to proceed with the patent application. For electronic submission,
the applicant can choose to defer payment by checking the option fordeferred payment in the Summary and Declaration tab.
2.3.40 However, the filing fee must be paid within 1 month from the date ofsubmission of the document indicating a patent is sought or Patents Form
1. Otherwise, the patent application will be treated as abandoned.
2.3.41 Payment of application fees can be made via Internet Banking, Visa/Master
credit and debit cards, and GIRO.
2.3.42 For deferred payment via IPOS Digital Hub, the applicant should go to“Deferred Payment” found under the “Payment” menu in the top menu bar
and select the applications for payment of application fee for Patents Form
1. Upon payment, the Formalities officer will proceed with the preliminary
examination of the application if the date of filing requirements are met.

2.4 Allocation of Patent Application Number and Entity
Code
2.4.1

Upon submission of Patents Form 1, an application number will be allocatedand displayed on the acknowledgment page. With effect from 14 Feb 2014,
the application number follows the format TTYYYYXXXXXC where:
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a. TT denotes the type of application, where 10 represents national
application;
b. YYYY denotes the year in which the application is filed;c. XXXXX denotes running numbers;d. C denotes check alphabet for verification purposes.
(Note: The application number format differs for application lodged before
14 Feb 2014.)
2.4.2

In the event that the applicant named in Patents Form 1 is a Singapore
corporate, the UEN must be entered. For all other entities, an entity code
will be allocated by the system.

2.5 Date of Filing Checks
2.5.1

Once a request for grant of patent is filed, the Formalities officer will
perform the following formalities check before a date of filing is allocated –a. There is an indication that a patent is sought, or a Patents Form 1 is filed;

Rule 19(2)b. The applicant(s) for the patent is clearly identified;c. A description of invention (regardless of language and presentation) or aletter indicating that incorporation by reference is sought is submitted;

d. For divisional applications, the following additional checks will be carried
out -

i.
ii.

iii.
iv.

2.5.2

The application number and date of filing of the parent application
are valid;
The divisional application can only be filed after a parent application
is filed and before the conditions for grant in Section 30(c) aresatisfied by the parent application;
The divisional application is filed before the parent application isrefused, withdrawn or abandoned;
The divisional application is filed by the original applicant for theparent application or his successor in title.

If any of the requirements have not been complied with, the Formalities
officer will issue a letter, and the applicant will have 2 months from the date
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Rule 19(2)Section 26(11)of the letter to make observation and/or file the missing documents. If theissue has not been rectified by the timeline, a reminder will be issued.
a. The missing documents (e.g., description) may be submitted via
eCommunications.
b. To make amendment(s) on Patents Form 1 (e.g., remove/amend detailsof parent application), the applicant may file Patents Form 13.
c. To correct obvious error(s) on forms/documents/register, the applicant
may file Form CM4 and indicate the relevant rule in which the correction
is sought (Rules 58 and/or 91). For more details on correction of error,
refer to Chapter 11.8.
d. To add or correct a priority claim in the divisional application, theapplicant should file Patents Form 57 within 16 months from thedeclared priority date. For more details on priority claim changes, refer
to Chapter 11.2.
2.5.3

If the applicant requires more time to respond to the clarification, an
extension of time may be requested. Otherwise, the application shall betreated as having been abandoned. The application status will be updated
as abandoned (Extension of Time (EOT) possible) on the register. There will
be an entry made in the next Patents Journal to the effect that the patentapplication has been refused.

2.5.4

If the requirements have been met, the Formalities officer will issue a
notification of the date of filing for the application. For example,
a. The date of filing will be the earliest date when all documents satisfy therequirements in Chapter 2.5.1. If any of the required documents are
submitted later, the date of filing of the application may be shifted tothe date which these documents were submitted. For example,
Example 1:
Lodgement date of Patents
Form 1 identifying theapplicants
Lodgement date of description
Date of filing
Example 2:
Lodgement date of Patents
Form 1 identifying theapplicants
Lodgement date of description
Date of filing

Page 27 of 181

1 Jan 2016
1 Jan 2016
1 Jan 2016

1 Jan 2016
1 Feb 2016
1 Feb 2016

Rule 108b. For a divisional application, it will retain the date of filing of the earlier
application.
2.5.5

If the applicant is able to overcome the objection raised on the ground thatthe document does not appear to be a description, the date of filing willremain.

2.5.6

The event on accordance of date of filing will be entered on the register andpublished in the next Patents Journal. The applicant will also receive a
notification of date of filing. This notification will be sent to the address forservice indicated on the Patents Form 1 or document indicating a patent issought.

2.5.7

If the applicant selects the box on Patents Form 1 to indicate that
attachments exceed 100 MB, the request will be put on hold until the
documents have been received. The date of filing will be the date that the
documents are received at the Registry.

Micro-organism
2.5.8

If the option “Micro-Organism Deposited under the Budapest Treaty” wasselected Patents Form 1 was selected, the following information should be
provided to the Registry –a. The name of the international depositary authority;b. The date when the culture was deposited;c. The accession number of the deposit should be given in the specificationof the application at the point of filing of the application or –i.
within 16 months from the declared priority date, or the date offiling of the application where there is no declared priority date;ii.
where, on a request made by the applicant, the Registrar publishes
the application before the end of the timeline for the purposes ofSection 27(1), before the date of the request;iii.
where the Registrar sends notification to the applicant that, in
accordance with Section 108(4), he has received a request by any
person for information and inspection of documents undersubsection (1) of that section, before the end of 1 month after his
sending to the applicant notification of his receipt of the request,
whichever is the earliest.

Filing Fee
2.5.9

Filing fee must be paid within 1 month from the date of submission ofPatents Form 1 or the document indicating a patent is sought. The time
period for payment of filing fee is not extendable.

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Rule 20,
FOURTHSCHEDULE2.5.10 If the filing fee is not paid within the timeline, the application will beabandoned. There will be an entry made in the register and the next Patents
Journal to the effect that the patent application has been abandoned.
2.5.11 If payment is made after the timeline, the applicant will be informed via
eCommunications and a refund will be initiated.
Priority Application Number
2.5.12 Where there is a declared priority date, the applicant has up to 16 months
from the earliest priority date, to furnish the application or file number of
each priority application.

Rule 9B(1)2.5.13 If the application or file number of each priority application was notindicated on Patents Form 1, the Formalities officer will inform therequestor to provide the application number within the timeline in the
notification of date of filing/clarification letter. The applicant will have up to
16 months from the declared priority date to furnish the application numberof each priority application. The applicant is encouraged to furnish theapplication number by amending Patents Form 1 using Patents Form 13.
Otherwise, the applicant may do so via eCommunications.
2.5.14 If the application number is not furnished within the timeline, the priority
claim will be removed and the applicant will be notified via
eCommunications.
2.5.15 The applicant may request for multiple extension of time up to 6 months
from the original timeline to furnish the application or file number of eachpriority application. Any request for extension of time should be made on
Patents Form 45 before the end of 6 months from expiry of the original
timeline. It is also possible to request for extension beyond the 6 months,
but the applicant must satisfy the Registrar that he has continuing
underlying intention to proceed with the application before the extensionof time is allowed.

Rule 108(5)Patent Claims
2.5.16 The patent claims must be filed within 12 months from the declared priority
date, or 2 months from the date of filing, whichever is later. If there is no
priority date, the claims must be filed within 12 months from the date offiling. For divisional application, the period is 2 months from the date oflodgement of the divisional application. The period for filing of claims is notextendable.

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Rule 26(5)2.5.17 The applicant may submit the patent claims via eCommunications in thecustomer portal, with the document type “Claim(s) Only”. The reminder for
claims can be found in the notification of date of filing.
2.5.18 If the claims are not submitted within the timeline, the application will beabandoned. A notification will be issued and there will be an entry made in
the register and the next Patents Journal to the effect that the patentapplication has been abandoned.
English Translation
2.5.19 Where any document or part of a document filed at the Registry to initiate
an application for a patent is not in English, an English translation should besubmitted together with the document.
2.5.20 If the applicant receives a notification from the Registrar to submit an
English translation of a document, the English translation and the
Verification of English translation (VET) should be submitted within 2months from the date of the notification.

Rule 19(11)2.5.21 If the translated documents are not provided within the timeline, theFormalities officer will proceed to refuse the application. A notification will
be issued and there will be an entry made in the register and the next
Patents Journal to the effect that the patent application has been refused.

Rule 19(12)Rule 112(2)2.5.22 The applicant may submit the translation documents via eCommunicationsin the customer portal. The documents will be reviewed by the Formalities
officer during preliminary examination.
2.5.23 The applicant may request for multiple extension of time up to 18 months
from the original timeline to submit the translation. Any request forextension of time should be made on Patents Form 45 before the end of 18
months from expiry of the original timeline. It is also possible to request forextension beyond the 18 months, but the applicant must satisfy theRegistrar that he has continuing underlying intention to proceed with theapplication before the extension of time is allowed.

Rule 108(4)Rule 108(5)Incorporation by Reference
2.5.24 The applicant has up to 3 months from the date of filing of the applicationof a patent or from the initiation date for a divisional application to submit
Patents Form 56.
2.5.25 If Patents Form 56 is not filed within the timeline, the application will beabandoned. A notification will be issued and there will be an entry made inPage 30 of 181

Rule 26(3)the register and the next Patents Journal to the effect that the patentapplication has been abandoned.

2.6 Preliminary Examination
2.6.1

The Formalities officer will check for the following requirements during
preliminary examination a. Patents Form 1 is filed;b. A Singapore address for service is furnished;c. Address of each applicant is furnished. State of incorporation for a US
corporate applicant is not required;d. Declaration of priority specifies a date of filing of an earlier relevant
application which is less than 12 months before the date of filing of theSingapore patent application;e. Where the date of filing is accorded based on a description filed, no
incorporation by reference to a priority application is made;f. Names and addresses of applicants are complete;

g. Title indicated on Patents Form 1 corresponds with title in thespecification;h. Number of sheet(s) indicated in checklist corresponds with actual
number of sheets filed;i. An abstract is filed;j. The abstract indicates 1 or 2 figures of the drawings for publication;

k. No drawing or part of the description of the invention is missing fromthe application;l. The specification commences with an appropriate title;
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m. The description, claims and abstract do not contain drawings;

n. The drawings are executed in black, sufficiently dense and dark
strokes;o. The documents are legible and suitable for direct reproduction;

p. The documents commence on a new sheet, sheets are numberedconsecutively, with drawings numbered as a separate series;
q. Where inventor details are provided, the relevant section in Patents
Form 1 should be indicated as "No" i.e. not all the applicants listed areinventors. The derivation of right from inventor should also be filled.
2.6.2

Where any of the above requirements are not met, the Formalities officer
will issue a Formalities Examination Adverse Report to the applicant. The
applicant may proceed to make amendments using Patents Form 13 within
2 months from the date of the letter.

2.6.3

If drawings are filed but there is no indication of figure or “No Figure” on the
abstract, the Formalities officer may issue a Formalities Examination
Adverse Report to the applicant. If drawings are not filed, the abstract need
not indicate “No Figure”.

2.6.4

In Patents Form 13, the applicant should enter the IPOS Reference Number
found in the Formalities Examination Adverse Report and select the option"In response to the Registrar’s Formalities Examination Adverse Report". If
amendments were made to documents such as description, claims,
abstract, or drawings, replacement sheet(s) are to be submitted with the
form.

2.6.5

Some examples of changes that may be amended using Patents Form 13:
a. Amendment(s) of abstract, description, claims, or drawings;
b. Amendment(s) on option(s) selected on Part(s) of Patents Form 1;
c. Amendment(s) on the number of sheets indicated on Patents Form 1.

2.6.6

The applicant may request for multiple extension of time up to 18 months
from the original timeline to respond to the Formalities Examination
Adverse Report. Any request for extension of time should be made on
Patents Form 45 before the end of 18 months from expiry of the original
timeline. It is also possible to request for extension beyond the 18 months,
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Rule 108(4)Rule 108(5)but the applicant must satisfy the Registrar that he has continuing
underlying intention to proceed with the application before the extensionof time is allowed.
2.6.7

If there are other formal requirements not met by the timeline, theFormalities officer will issue a Notice of Refusal of Application. The
application status will be updated as “Refused (EOT possible)” on theregister. There will be an entry made in the next Patents Journal to the effectthat the patent application has been refused. If the application does notmeet the priority and missing part checks, the applicant will be informedthat the priority or missing part will be disregarded.

2.6.8

When all formal requirements have been met, a Formalities Examination
report will be issued to the applicant. An entry will be made in the Registerto the effect. The applicant may proceed to request for search report(Patents Form 10), search and examination report (Patents Form 11),
examination report (Patents Form 12) or supplementary examination report(Patents Form 12A) if it has not been requested.

2.6.9

For applications which the Formalities Examination report is issued after thetimeline for Search and/or Examination procedures (Patents Form 10, 11,
12, 12A), the applicant may request for an extension of time via
eCommunications for the Registrar to consider extending the timeline to file
requests for search and/or examination or supplementary examination
report (Patents Form 10, 11, 12, 12A) on a case-by-case basis. Some
examples are –a. Delay in the issuance of the Formalities Examination Adverse Report by
the Registry;b. Delay in issuing subsequent correspondences related to the Formalities
Examination Adverse Report by the Registry.

Page 33 of 181

Page 34 of 181

Section 86-88
Rule 86

3.1 Patent Cooperation Treaty (PCT)
3.1.1

The Patent Cooperation Treaty (PCT), administered by the International
Bureau (IB) of the World Intellectual Property Organization (WIPO) based in
Geneva, Switzerland, is an international treaty to facilitate the applicant inseeking patent protection for his invention in several countries
simultaneously by filing an international application with a single office, in
one language and a single set of forms and fees.

3.1.2

The filing of a PCT request constitutes the automatic designation of all
Contracting States that are bound by the PCT on the international date offiling. On completion of the international phase, the applicant will be
required to enter national phase into the countries which they wish to get apatent granted.

Paris Convention
0 months

within 12 months

File local application
File applications abroad

PCT System
0

16

18

22

28

30

File PCT
application

Transmittal ofInternational
Search Reportand Written
OpinionInternational
Publication

Request for
Supplementary
International
Search(SIS)(optional)

Transmittal ofInternational
Preliminary
Report on
Patentability(IPRP II) or SISR
(optional)

National Phase
Entry (seek patent
protection)

File Demand forInternational
Preliminary
Examination(optional)

3.1.3

An applicant may enter national phase in Singapore by filing Patents Form
37 to obtain patent protection in Singapore.
Page 35 of 181

Rule 86(2)3.1.4The international phase of the application refers to the period from the filingof the international application in accordance with the PCT until the national
phase of the application begins –a. For normal national phase entry, national phase begins upon expiry of
30 months from the declared priority date, or if there is no declaredpriority date, the date of filing of the application; orb. For early national phase entry, national phase begins when Patents
Form 37 is filed.

3.1.5

Furnishing of the corresponding front page of the PCT Gazette at the timeof filing Patents Form 37, is no longer required. To facilitate the processingof national phase entry applications, applicants are reminded to indicate thefollowing details in the request –a. Whether the applicants are seeking for an early entry into national
phase in Singapore; andb. Any changes in names of the applicant(s), or addresses of theapplicant(s)/inventor(s) which had been recorded with the PCT. In such
instances, PCT/IB/306 should be furnished to evidence such a recordal
before the PCT.

3.2 Allocation of Patent Application Number and Entity
Code for National Phase Entry Applications
3.2.1

Upon submission of Patents Form 37, an application number will beallocated and displayed on the acknowledgment. With effect from 14 Feb
2014, the application number follows the format TTYYYYXXXXC where:
a. TT denotes the type of application, where 11 represents international
application entering national phase in Singapore;b. YYYY denotes the year in which the application is filed;c. XXXXX denotes running numbers;d. C denotes check alphabet for verification purposes.
(Note: The application number format differs for application lodged before
14 Feb 2014.)

3.2.2

In the event that the applicant named in Patents Form 37 is a Singapore
corporate, the UEN must be entered. For all other entities, an entity code
will be allocated by the system.

Page 36 of 181

Section 86(2)3.3 Retrieval of Information from WIPO
3.3.1

Upon successful filing of the Patents Form 37, the system will retrieve thefollowing information and documents from WIPO if the PCT application is
published –1. Details of Applicant
2. Details of Inventors
3. International date of filing
4. Details of Priority
5. International Publication Number
6. Filing and Publication language
7. Chapter I or II entry
8. Whether PCT application has been withdrawn
9. Specification
10. Reports (e.g., International Search Report, International Preliminary
Report on Patentability and its annexed Article 34 amendments)
11. Article 19 amendments

3.3.2

For non-published PCT application, the system will retrieve PCT data from
WIPO as soon as the PCT application is published.

3.4 Date of Filing Checks
3.4.1

A date of filing will be accorded if the following requirements have been met–
a. Fee has been paid;b. A Singapore address for service is furnished;c. Applicant details in Patents Form 37 are auto-populated in Patents
Form 37 or correspond with the applicant details in WIPO;

Section 86(3)(b)d. Early national phase entry is requested or Normal national phaseentry is made between 29.5 to 30 months from the earliest declaredpriority date or date of filing if there is no declared priority date;e. PCT application is published at WIPO in English language;f. If PCT application is not published and early national phase entry isrequested, a copy of the PCT request form, specification and abstract
are enclosed together with any necessary English translation;
g. For non-English PCT applications, an English translation and averification of the English translation (VET) should be enclosed. VET
may be submitted within 2 months from national phase entry due date.
Page 37 of 181

Section 86(3)(a)Rule 86(4)i.

English translation:• The English translation of the specification is submitted with
Patents Form 37. Otherwise, an extension of time for national
phase entry is to be requested if the translation of thespecification is submitted after the national phase entry due
date. Any request for extension of time should be made on
Patents Form 45 before the end of 18 months from expiry of theoriginal timeline. It is also possible to request for extension
beyond the 18 months, but the applicant must satisfy theRegistrar that he has continuing underlying intention to proceedwith the application before the extension of time is allowed.
•

ii.

Rule 108(5)The translation fulfils the following requirements –o The drawings are executed in black, sufficiently dense anddark strokes (no colour);o The documents are legible and suitable for direct
reproduction;o The documents commence on a new sheet, sheets arenumbered consecutively, with drawings numbered as aseparate series.

Verification of English translation:• The VET should contain the following information –o States the document being translated;o Verifies that the translation corresponds to the original textof the document or part;o States the name of the translator and contains a statementthat he/she is well versed in English and the relevant foreign
language;o Signature of the translator and date of declaration.
•iii.

Rule 108(4)The applicant may request for request for extension of time tosubmit the VET via a written request under Rule 108(1) througheCommunications.

If amendment(s) was made during the international phase (e.g.,
Article 19 or 34):
• The amendments made in accordance with the PCT before
national phase entry begins shall be treated as being madeunder the Singapore Patents Act and shall not be disregarded if
the copy of the amendments has been communicated to theRegistry, i.e., made available on PATENTSCOPE or submitted byapplicant to the Registrar. Applicants may amend the national
phase application accordingly based on the application as
Page 38 of 181

Section 86(6)

•
•

•

3.4.2

amended in accordance with the PCT application. However, inthe case where an English translation of the amendments madein accordance with the PCT has not been filed at the Registry
within the prescribed time limits, the amendment shall be
disregarded and not treated to be made under the Singapore
Patent Act.
An English translation of the amendment(s) and the VET are to
be submitted with Patents Form 37;
If one but not both necessary translations of the application as
originally filed and of the amendment to it is submitted, a notice
will be issued to the applicant to furnish the required translation
within 2 months from the date of notification;
The applicant may request for multiple extension of time up to
18 months from the expiry of the original timeline to submit thetranslation. Any request for extension of time should be madeon Patents Form 45 before the end of 18 months from expiry of
the original timeline. It is also possible to request for extension
beyond the 18 months, but the applicant must satisfy theRegistrar that he has continuing underlying intention to proceedwith the application before the extension of time is allowed.

The following is an example of the Verification of English Translation (VET)–

Verification of English Translation (VET)
I, [Name of translator] of [Address of translator], do hereby state that I ama translator competent in the [Foreign] and English languages and that tothe best of my knowledge and belief, the attached document is an accurate
and complete translation of [Application number] as filed on [Date].
Date: _________________

Signature: ________________

3.4.3

Where early national phase entry is not requested and Patents Form 37 isfiled before 29.5 months from the declared priority date, or the date of filing
if there is no declared priority date, the request will be put on hold until 29.5
months has reached.

3.4.4

If any of the above requirements are not met, the Formalities officer will
send a letter to invite the applicant to clarify or rectify within 2 months fromthe date of the letter. If the issue has not been rectified, a reminder will be
issued.

Page 39 of 181

Rule 86(6)Rule 108(4)Rule 108(5)a. To make changes in the specification i.e., description/claims/drawings/sequence listing, the applicant may file Patents Form 13 (In response to
the Registrar’s Formalities Examination Adverse Report) or a Form CM4(Correction of Specification of a Patent or of an Application for a Patent).
b. To make changes in the abstract, the applicant may file Patents Form 13(In response to the Registrar’s Formalities Examination Adverse Report)
or Form CM4 (Correction of any other document relating to a Patent oran Application for a Patent) and indicate the relevant rule in which thecorrection is sought (Rules 58 and/or 91).
c. To rectify errors on the Patents Form 37, the applicant may file Form CM4(Correction of Form lodged) and indicate the relevant rule in which thecorrection is sought (Rules 58 and/or 91). For more details on correctionof error, refer to Chapter 11.8.
d. To submit documents such as English translation of amendments, orclarification letters in response to our letter, the applicant may reply via
eCommunications.
3.4.5

If the following conditions were not met by the timeline, the application willbe treated as withdrawn –a. Submission of English translation of the application which is publishedin a language other than English in PCT; andb. Payment of prescribed fee.

3.4.6

The applicant may request for multiple extensions of time up to 18 months
from the original timeline to respond to the Formalities Examination
Adverse Report. Any request for extension of time should be made on
Patents Form 45 before the end of 18 months from expiry of the original
timeline. It is also possible to request for extension beyond the 18 months,
but the applicant must satisfy the Registrar that he has continuing
underlying intention to proceed with the application before the extensionof time is allowed.

3.4.7

If all the above requirements have been met, the applicant will be issued anotification of date of filing. There will be an entry made in the register andthe next Patents Journal to the effect that the patent application has been
filed in Singapore (provided that the PCT application has been published).

3.4.8

Once the date of filing notification has been issued, the formalities check for
Patents Form 37 is completed. The applicant may proceed to request forsearch and examination report (Patents Form 11), examination report(Patents Form 12) or supplementary examination report (Patents Form
12A), if it has not been requested.

Page 40 of 181

Rule 108(4)Rule 108(5)Sequence listing
3.4.9

Please note that Chapters 2.2.26 to 2.2.39 will also be applicable, withnecessary modification to sequence listing filed at national phase entry.

Rule 19A

3.5 Recordal of Changes
3.5.1

If there are requests made for the recordal of change under Rule 92bis of
the PCT Regulations, the International Bureau will issue PCT/IB/306 andpublish the changes in WIPO. Changes are required to be made in theinternational phase in order for them to be taken into account in thenational phase.

3.5.2

If the changes are made in the international phase, the applicant may
submit PCT/IB/306 to the Registrar via eCommunications to record thesechanges at IPOS. Upon receiving such requests, the Formalities officer will
update the changes accordingly.

3.5.3

If the changes are made after the international phase or after early national
phase entry, the applicant may file the relevant forms to make the changes
in the national phase application –3.5.4

a. File Form CM2 to change Name, Address and Singapore Address forService of Agent, Applicant, Proprietor or Other Interested Person, e.g.,change in applicant’s own name/address, or change in inventor’s name/address.
b. File Form CM4 to request for Correction of Error and indicate therelevant rule in which the correction is sought (Rules 58 and/or 91). For
more details on correction of error, refer to Chapter 11.8. For example–i.
Correction of applicant’s name from Applicant A to Applicant B.
ii.
Correction of applicant’s name that results in change in legal
entity e.g., ABC LLP to ABC LLC.
iii.
Correction of inventor’s name from Inventor A to Inventor B.

Rule 56c. File Form CM8 to register Transfer of Ownership, e.g., change inapplicant’s name from Applicant A to Applicant B.
d. File Patents Form 13 to amend application before grant, e.g.,amendment of specification.

Rule 57

For non-English PCT applications, the applicant may write in via
eCommunications if he intends to use the title of invention stated in the
English translated specification. The Formalities officer will update the title
of invention accordingly.
Page 41 of 181

Rules 58, 91

Rule 48

3.5.5

The following examples illustrate the different approaches for changes to berecorded in the national phase application –Example 1:
International Phase
Applicant A (Found in the PCT Gazette) → B
PCT was notified of change and PCT/IB/306 was issued to record the change.
National Phase (SG)Patents Form 37 filed by
Applicant A

Patents Form 37 filed by
Applicant B

A notification of date of filing will
be issued in the name of Applicant
A. The application will also be
published in the name of Applicant
A.

An application number will beaccorded, and the applicant will be
informed of the discrepancy via a
letter.

Applicant B subsequently files
Form CM4 enclosing PCT/IB/306 –explaining that the PCT application
should have been in their name,and that they would like to correct
the form filed earlier.

If Applicant B furnishes PCT/IB/306
supporting their claim and the Registry
is satisfied that all is in order, thenotification of date of filing will be
issued in the name of Applicant B.

The database will be updated and theIf satisfied that all is in order, the application will be published in theRegistry would proceed to update name of Applicant B.
the database/file accordingly in thename of Applicant B. There will be
no further action taken by theRegistry in this regard.

Page 42 of 181

Example 2:
International Phase
Applicant A (Found in the PCT Gazette) → B
PCT was not notified of change (e.g., assignment of rights)
National Phase (SG)Patents Form 37 filed by
Applicant A

Patents Form
Applicant B

37

filed

by

A notification of date of filing will be An application number will be accorded,
issued in the name of Applicant A. and the applicant will be informed of the
The application will also be discrepancy via a letter.
published in the name of Applicant
A.

Applicant B subsequently informs Applicant B explains to IPOS that the PCTIPOS that the PCT application application should have been in their nameshould have been in their name.
due to an assignment during theInternational Phase.
However, they have not notified
PCT of the change.
However, they have not notified PCT of thechange.

If, for example, the change was an If, for example, the change was an
assignment, Form CM8 should be assignment, Form CM8 should be furnishedfurnished for IPOS to record the for IPOS to record the assignment.
assignment.

The recordal of the assignment will If the Registry is satisfied that all is in order,
be published in the Patents Journal. the notification of date of filing will be
issued in the name of Applicant A with thestatement “Pending the recordal of theassignment to Applicant B.”
No additional/further notification of date offiling will be issued when recordal is made.
The recordal of the assignment will be
published in the Patents Journal.
Page 43 of 181

Example 3:
International Phase
Applicant A (Found in the PCT Gazette) → B
PCT was not notified of change (e.g., change of name)National Phase (SG)Patents Form 37 filed by
Applicant A

Patents Form 37 filed by
Applicant B

A notification of date of filing will be An application number will be accorded,
issued in the name of Applicant A. and the applicant will be informed of the
The application will also be discrepancy via a letter.
published in the name of Applicant
A.

Applicant B subsequently informs Applicant B explains to IPOS that the PCTIPOS that the PCT application application should have been in their nameshould have been in their name.
due to a change of name during theInternational Phase.
However, they have not notified
PCT of the change.
However, they have not notified PCT of thechange.

If, for example, there was only a If, for example, there was only a change inchange in name, Form CM2 should name, Form CM2 should be furnished for
be furnished for IPOS to record the IPOS to record the change in name.
change in name.

If satisfied that all is in order, theRegistry would proceed to update
the database/file accordingly in thename of Applicant B. There will be
no further action taken by theRegistry in this regard.

If the Registry is satisfied that all is in order,
the notification of date of filing will be
issued in the name of Applicant A with thestatement “Pending the recordal of thechange in name to Applicant B.”
No additional/further notification of date offiling will be issued when recordal is made.
The recordal of the change will be publishedin the Patents Journal.

Page 44 of 181

Page 45 of 181

4.1 Publication of Patent Application
4.1.1

If the patent application has been accorded a date of filing, it will be
published in the Patents Journal as soon as possible after 18 months fromthe declared priority date or, where there is no declared priority date, thedate of filing of the patent application.

Section 27
Rule 29

4.1.2

Applications that are treated as withdrawn, abandoned or refused earlier
than 1 month before the 18-month publication period will not be published.
Hence, if the applicant wishes to keep his invention a secret, he should
withdraw his application via Form CM9 earlier than 1 month before theexpiry of the 18 months from the declared priority date or, where there isno declared priority date, the date of filing of the patent application.

Rule 29(4)4.1.3

In general, where a patent application is published, the applicant will have,as from the publication and until the grant of the patent, the same right as
he would have had, if the patent had been granted on the date of the
publication of the patent application, to bring proceedings in the court orbefore the Registrar for damages in respect of any act which would haveinfringed the patent.

Section 76

4.1.4

From 26 May 2022, the Patents Journals (A & B) publication frequency will
be progressively increased from a monthly to weekly basis. Thereafter, thePatents Journal will be published weekly, unless otherwise directed. The
above publication also contains particulars of applications for and grant ofpatents and other proceedings under the Patents Act. Patents Journal A
consists of bibliographic information on actions before the Registry andPatents Journal B consists of abstract publication of patent applications.

4.1.5

Each issue of the Journal will be available online at IPOS Digital Hub. To
obtain copies of past issues (not available online), the request may be madevia FormSG. Each past issue will be charged a fee for Journal A and a fee for
Journal B and produced in CD-ROMs only. Instructions on payment will be
provided via email within 7 working days after the request. Payment must
be made via IPOS Digital Hub's payment platform. Acceptable modes ofPage 46 of 181

payment include Internet Banking, Visa/Master credit and debit cards, and
GIRO.
4.1.6

Information on published patent applications may also be searched via the
IPOS Digital Hub’s Search.

4.2 Request for Early Publication
4.2.1

The applicant can request for early publication for strategic reasons by filing
Patents Form 9.

4.2.2

Once the request is received, the Formalities officer will review thefollowing requirements –a. Fee has been paid;b. Date of filing has been accorded;c. National security clearance has been issued, if applicable;d. The application is not published;e. The application is not refused, abandoned or withdrawn. If the patentapplication is refused or abandoned, the applicant can request forextension of time if he is still within the allowable time limit;
f. There is no pending request for withdrawal (Form CM9);g. Representation details and/or address for service on this form
correspond with that on record. Otherwise, Form CM1 or CM2 is filed
and approved.

4.2.3

If any of the above requirements are not met, the Formalities officer will
send a letter to invite the applicant to clarify or rectify within 2 months fromthe date of the letter. If the issue has not been rectified by the timeline, areminder will be issued.
a. To rectify errors on the form, the applicant may file Form CM4(Correction of Form lodged) and indicate the relevant rule in which thePage 47 of 181

Section 27(2)Rule 29(3)correction is sought (Rules 58 and/or 91). For more details on correctionof error, refer to Chapter 11.8.
b. To update the representation details and/or address for service (which
is not a correction of error), the applicant may file Form CM1 or CM2
accordingly.
c. To submit clarification letters in response to our letter, the applicant
may reply via eCommunications.
4.2.4

If all requirements are met, the Formalities officer will approve the request
and the applicant will be notified via letter. There will be an entry made in
the register to the effect that the request has been approved and the event
will be published in the next Patents Journal.

4.2.5

If the objections cannot be overcome or there is no response from theapplicant, the request will be refused and the applicant will be notified via
letter.

4.3 Publication of Translation
Application
and/orany
International Applicationof International
Amendment
to

4.3.1

A PCT patent application entering national phase in Singapore is treated as
published if it has been published in accordance with the Patent Cooperation Treaty in English. If the patent application was published in alanguage other than English, the applicant no longer has to pay a fee forpublication of the translation by filing Patents Form 38 for applications
entering national phase in Singapore on or after 26 May 2022.

4.3.2

Once the application enters national phase, the Formalities officer will
review the following requirements –a. The application must be a patent application entering national phasein Singapore;b. Date of filing has been issued;c. The application has been published at WIPO in non-English language;d. The translation filed is in order.

Page 48 of 181

Section 86(7)87(2), (3)4.3.3

When all requirements are met, the event on publication of English
translation of PCT application will be entered in the register as “English
translation of PCT application published in accordance to Section 86(7) of
the Patents Act” when the publication of the national phase entry of theapplication in the Patents Journal takes place.

Page 49 of 181

5.1 Amendment Before Grant
5.1.1

The applicant may make voluntary amendments to the application or
specification before grant provided that the amendment does not disclose
any additional matter. This gives the applicant the opportunity to refine his
application without prejudicing the rights of third parties.

Section 31, 84

5.1.2

The amendments should be requested using Patents Form 13 any time
before grant, except –a. After the request for search report (Patents Form 10) is filed and before
search report is sent to the applicant;b. After the request for search and examination report (Patents Form 11),
examination (Patents Form 12) or supplementary examination report(Patents Form 12A) is filed;c. After the request for examination review report (Patents Form 12B) is
filed.

Rule 48(1), 49

5.1.3

Voluntary amendments can also be contained in Patents Form 13A, in
response to written opinion during search and examination, examination or
supplementary examination.

Rule 46(3)5.1.4

Besides voluntary amendments, the applicant may also make the following
pre-grant amendments using Patents Form 13 –a. Amendments in response to the Registrar’s formalities examination
clarification letter issued from Patents Form 1 or Patents Form 37
requests;b. Amendments to the specification to comply with the formal
requirements after the applicant receives the Notice of Eligibility;c. Amendments to the specification after the applicant receives a Noticeof Intention to Refuse and files a request for examination review report
via Patents Form 12B;

5.1.5

From 1 Apr 2017, both marked-up and clean copies of the amended sheets
will be required for online submission. Applicants are required to submit
and attach these documents according to the correct document type.
Page 50 of 181

Rule 48(4)Amendments should be made based on the latest set of specifications onrecord, including earlier submissions which have been made on the same
day or requests that have yet to be approved by the Registrar.
5.1.6

From 1 Dec 2019, if amendments or corrections have been made to claims,
a marked-up copy and a clean copy of the full set of claims have to besubmitted with the request. The amendments or corrections should bereflected similarly in both the clean and marked-up copies. Refer to Chapter
5.1.12 on the accepted format of the marked-up and clean copy ofamendments and corrections to specification. The request for amendment
to specification should set out the reasons for making amendments and any
evidence in support thereof should also be submitted. To facilitate , it ishighly encouraged to indicate the basis for amendments to specification
with references to particular parts of the application as filed. The Patent
Examiner may also request for such basis during examination.

5.1.7

From 18 Apr 2016, a new option ‘Related to Rule 47(6) with the date of filingon or after 14 Feb 2014’ was added to the form. The purpose of this option
is to allow for amendments or corrections to be made in order to comply
with formal requirements according to Rule 47(6) after the issuance of the
Notice of Eligibility. Refer to Rule 33 for the definition of formal
requirements. Any other form of corrections that does not fall under thisrule may be addressed with Form CM4. For more details on correction oferror, refer to Chapter 11.8.

5.1.8

Once the request is received, the system will automatically review thefollowing requirements –a. The application is not granted. Otherwise, Patents Form 17 should be
used;b. The application is not refused, abandoned or withdrawn. If thepatent application is refused or abandoned, the applicant can request
for extension of time if he is still within the allowable time limit. If theapplication is abandoned after Patents Form 13 is filed, Patents Form
13 will still be processed;c. The form is filed within the timelines set out above;d. Representation details and/or address for service on this form
correspond with that on record. Otherwise, Form CM1 or CM2 is filed
and approved.
e. Both marked-up and clean copies of the amendments are submitted.

Page 51 of 181

Rule 47(6)Rule 33

5.1.9If any of the above requirements are not met, the Formalities officer will
send a letter to inform and invite the applicant to clarify or rectify within 2months from the date of the letter. If the issue has not been rectified by thetimeline, a reminder will be issued.
a. If Patents Form 10, 11, 12 or 12A has not been filed, the applicant can
opt to re-file a second Patents Form 13 for the intended amendments,
taking into account that the first PF13 amendments are approved.
Relevant marked-ups must be made on the latest provided or approved
version of the specifications. Withdrawal of Patents Form 13 will not be
permitted for approved cases, even by system. Withdrawal may only bepermitted for Patents Form 13 in processing or received.
b. If Patents Form 10, 11, 12 or 12A has been filed, the applicant should
file Form CM4 and indicate the relevant rule in which the correction issought (Rules 58 and/or 91). For more details on correction of error,
refer to Chapter 11.8.

5.1.10 If all the requirements are met, the Formalities officer will approve therequest. The approval will be entered as an event in the register. The
amendments will be considered by the Patent Examiner during
examination. For more information, please refer to the Examination
Guidelines for Patent Applications.
5.1.11 If the objections cannot be overcome or there is no response from theapplicant, the request will not be accepted and the applicant will be notified
via letter.
5.1.12 The following examples illustrates the accepted format to indicate themarked-up copy and clean copy of amendment or correction to patentdocuments and specifications –Page 52 of 181

Amendment/Correction
Example 1:
Original

Marked-up Copy

Clean Copy

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aaaaaaaaaaaaaaaaaaaaaa
aaaaaaaaaaaaaaaa
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aaaaaaaaaaaaaaaa
bbbbbaaaaaaaaaaa

10

10

10

Original

Marked-up Copy

Marked-up Copy

Example 2:

aaaaaaaaaaaaaaaa
aaaaaaaaaaaaaaaa
aaaaaaaaaaaaaaaa
aaaaaaaaaaaaaaaa
aaaaaaaaaaaaaaaa
aaaaaaaaaaaaaaaa

aaaaaaaaaaaaaaaa
aaaaaaaaaaaaaaaa
aaaaaaaaaaaaaaaa
aaaaaaaaaaaaaaaa
aaaaaaaaaaaaaaaa
aaaaaaaabbbbbbb
bbbbbbbbaaaaaaa

10

10
Clean Copy
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bbbbbbbbaaaaaaa
10Page 53 of 181

aaaaaa10a6.1 Search and Examination Routes
6.1.1

After complying with the formal requirements, the patent application isrequired to undergo the search and examination process to determine if theinvention is patentable in Singapore. The applicant may select from one of
the following approaches to the search and examination process –a. Request for search report (Patents Form 10) followed by request for
examination report (Patents Form 12);b. Request for search and examination report (Patents Form 11);c. Request for examination report (Patents Form 12) by relying on –i.
local search report issued by IPOS;
ii.
final results of a search of its application in suit during theinternational phase of the application that has entered national
phase in Singapore; oriii.
final results of a search in one corresponding application,corresponding international application or related national
phase application;
d. Request for supplementary examination report (Patents Form 12A) by
relying on –i.
final results of any search and examination of its application insuit during its international phase that has entered national
phase in Singapore; orii.
final results of any search and examination of one corresponding
application, corresponding international application or related
national phase application.
Please refer to the Annex for the definition and examples of corresponding
application, corresponding international application, or related national
phase application.

6.1.2

Section 29

The search process involves a worldwide search for all materials andinformation which are relevant to the subject of the invention. The
examination process involves the consideration by the Patent Examiner as
to whether the invention qualifies as new, involves an inventive step and iscapable of industrial application, among other requirements. During thePage 54 of 181

Rule 36, 42
Rule 37
Rule 42,
Rule 45(3)Rule 42A

preparation of an examination report, when it appears that an application
relates to two or more inventions, but not part of a single inventive concept,
the examination may be restricted to the first invention specified in theclaims of the application and applicant will be notified.
6.1.3

6.1.4

For supplementary examination, the Patent Examiner will only review thefollowing grounds – support, relatedness of claims, morality, methods of
medical treatment or diagnosis, double patenting, and no added matter.
From 30 Oct 2017, the Patent Examiner will also determine whether theinvention defined in each claim of the specification of the application
constitutes an invention. If the invention is determined not to be apatentable subject matter, the Patent Examiner will state fully his reasonsin a written opinion.
To strengthen our patent regime and improve the quality of the patents
granted in Singapore, applicants would no longer be able to request for
supplementary examination report for –a. Patent applications with date of filing on or after 1 Jan 2020;b. Divisional applications with lodgement date on or after 1 Jan 2020.

Reliance on Foreign Search Results/International Search Report (ISR)
6.1.5

Rule 46(1A)Section 29(11A)
Rule 43(4)Rule 42

Where the applicant relies on the foreign search results or ISR, a copy of thesearch results should be submitted. If the search results are not in English,a copy of the translated search results is required. All cited documents
referred to in the search results are to be submitted by the applicant.
Translation of non-English cited documents is not required at the point offiling the request for examination report. However, the Patent Examiner
may request for a translated copy where necessary.

6.1.6 Where the Registrar had earlier sent a copy of the final results of the searchor ISR (as the case may be) in English to the applicant (e.g., where IPOS is theInternational Search Authority that established the ISR), the applicant does
not have to provide a copy of these documents when making a request for
examination report on or after 26 May 2022. However, the applicant is stillrequired to provide a copy of Non-Patent Literature cited in the search results
to the Registrar as these documents have not been provided by the Registrar
during the international phase (refer to Chapter 6.1.34).
Reliance on Foreign Final Search and Examination Results/Granted Patent/
International Preliminary Report on Patentability (IPRP)
6.1.7

Rule 2A(3)Where the applicant relies on foreign final search and examination results,
a copy of the results and the list of allowed patent claims referred to in the

Page 55 of 181

Section 29(1B)final results should be submitted. If the results and list of allowed claims are
not in English, a translation of these documents with VET is required.
Prescribed Patent Office

Final Search and Examination
ResultIP Australia

Notice of Acceptance

Canadian Intellectual Property Office

Notice of Allowance

European Patent Office

Notice of Intention to Grant/
Decision to Grant

Japan Patent Office

Decision to Grant

Korean Intellectual Property OfficeIntellectual Property Office of New
ZealandUnited States Patent andTrademark Office
UK Intellectual Property
OfficeNotice of Allowance
Notice of Acceptance ofComplete Specification
Notice of Allowance and Fee(s)Due & Notice of Allowability
Notice of Intention to Grant/
Notification of Grant

6.1.8

Where the applicant relies on foreign granted patent, a copy of the foreign
granted patent and specification should be submitted. A declaration of
download is required if the applicant has downloaded the granted patent
from an online source. If the granted patent and specification are not inEnglish, a translation of these documents with VET is required.

6.1.9

The declaration should indicate that the applicant declares the copy of the
granted patent being submitted is a valid copy which the applicant wishes
to rely on. A sample of the declaration is shown below –Declaration on a Downloaded Copy of a Granted Patent
I, _ (name)_ , hereby declare that the attached document, Patent Number/
Application Number: ____________ is downloaded by myself from__(source)__and that the copy of granted patent being submitted is a valid
copy which the applicant wishes to rely upon.
Date: ___________________

Signature: _________ ______

6.1.10 Where the applicant relies on International Preliminary Report on
Patentability (IPRP) Chapter I or II, a copy of the report should be submitted.
If the results and list of allowed claims are not in English, a translation ofthese documents with VET is required.
6.1.11 The applicant is also required to submit a claims correspondence tablesetting out how each claim in the Singapore patent application is related toPage 56 of 181

the claims in the corresponding application, corresponding international
application, related national phase application, or the application in suitduring its international phase. Each claim in the application in suit should be
related to at least one claim in that corresponding application,corresponding international application, related national phase application,or the application in suit during its international phase.

Section 29(1)(d)(ii)

6.1.12 The applicant must indicate the relation of the claims and explain how theclaims are related to each other. Indicating “related” is not sufficiently
informative. An example of an acceptable claims correspondence table is asfollows –Relates to claim(s) in
Claim in Singapore
Remarks<jurisdiction>
Application No.
(Explaining
Application No.
<number>
relatedness)<number>
1

1

2

2, 3

3

4

4

5

Identical
Identical, except …
Identical
Identical

6.1.13 According to those results mentioned above, each claim in the applicationin suit should appear to satisfy the criteria of novelty, inventive step (or nonobviousness) and industrial applicability (or utility).

Section 29(1)(d)(iii)

6.1.14 Requests for supplementary examination report relying on utility
model/patent applications are not acceptable. The grounds for
supplementary examination under Rule 46(1A) are limited in scope (incomparison to the grounds under Rule 46(1)) because the assumption is thatthe corresponding patent application, which the request for supplementary
examination report is relying upon, has been examined and appears tosatisfy the criteria of novelty, inventive step (or non-obviousness) andindustrial applicability (or utility).

Rule 42A

Section 29(1)(d)(iii)
Rule 46(1A)(b)(ii)

Timelines
6.1.15 Forms must be filed within their respective timelines as shown in the tablebelow, otherwise, the application will be treated as abandoned –a. For normal applications i.e., not divisional applications, due dates arecalculated from the declared priority date, or if there is no declaredpriority date, the date of filing of the application.
b. For divisional applications, due dates are calculated from the actual dateof filing of the divisional application.
Page 57 of 181

Section 29(12)Request
Search(Patents Form 10)
Search andExamination(Patents Form 11)
or Examination(Patents Form 12)
Supplementary
Examination(Patents Form
12A)
Examination
Review(Patents Form
12B)

Application lodged on
or after 14 Feb 2014

Application lodged on
or after 1 Jan 2020

13 months

13 months

36 months

36 months

54 months

N.A.
(Refer to Chapter
6.1.4)

2 months from Notice ofIntention to Refuse

2 months from Noticeof Intention to Refuse

Excess Claim Fees and Discounts
6.1.16 Claims in excess of 20 at the point of filing the request for search andexamination report (Patents Form 11) or request for examination report(Patents Form 12) would be charged a fee per claim. This is to encourage
applicants to file a more concise claim set. For example,
No. of claims when filing Patents Form 1 or 37

20

No. of claims after Patents Form 13 amendments

25

No. of claims when filing Patents Form 11 or 1225

No. of excess claims when filing Patents Form 11 or
125

Excess claim fee when filing Patents Form 11 or 12

Prevailing Fee
x5

6.1.17 In addition, if there is an International Search Report (ISR) or International
Preliminary Report on Patentability (IPRP) which has been established by
IPOS under the Patents Co-operation Treaty, there would be a fee reduction
for Request for Search and Examination Report (Patents Form 11) filed on
or after 1 Apr 2017.
Disclosure of Invention Prior to Filing6.1.18 An invention could be considered as not new if it has already been madeavailable to the public. Such disclosure may be novelty destroying and forms
one of the grounds for the revocation of a patent. In certain cases, it may benecessary to disclose the invention before the application for a patent ismade, e.g., publication in scientific journal, early disclosure to source forinvestments.
Page 58 of 181

6.1.19 For applications with date of filing on or after 30 Oct 2017, the grace period
provision has been extended to cover the following types of disclosures
made within 12 months prior to the date of filing –a. Disclosure made to the public by the inventor, or by a person who
obtained the matter directly or indirectly from the inventor;
b. Disclosure due to the publication by an intellectual property
administrator of an application for an intellectual property right.
6.1.20 The applicant may wish to inform the Registry to disregard the disclosure aspart of the state of the art by selecting the checkbox on Patents Forms 11,
12, 13A and 12B and attach a Statutory Declaration or Affidavit (mandatory)
with supporting documents (if any).
6.1.21 For international exhibitions, the Statutory Declaration should state thefollowing information –a. State that the invention was exhibited at an international exhibition;b. State the opening date of the exhibition, and where the first disclosure
did not take place on the opening date, the date of the first disclosure;c. Enclose one or more supporting documents identifying the invention
that was displayed at the exhibition.
6.1.22 For erroneous publication of application, an acknowledgment from
intellectual property office stating the following information should besubmitted –a. The publication was erroneous;b. Reason for erroneous publication; andc. The earliest date on which the application ought to have been
published.
6.1.23 The new grace period provision only applies to disclosures made on or after
30 Oct 2017. If the disclosure was made prior to 30 Oct 2017, the disclosure
will not be disregarded as part of the state of the art even if the patentapplication was filed on or after 30 Oct 2017.
6.1.24 Although provisions for grace period is available in Singapore, individuals
and businesses are strongly encouraged to keep their inventions
confidential until an application for a patent has been filed because –a. Not all jurisdictions have a broad grace period; orb. Third parties can still claim prior user rights.

Page 59 of 181

Formalities Check
6.1.25 Once the request (Patents Form 10/11/12/12A) is received, the Formalities
officer will review the following requirements –a. Fee has been paid (if applicable);b. Date of filing has been accorded;c. Preliminary examination has been cleared;d. National security clearance has been issued, if applicable. Otherwise,
held in abeyance;e. The application is not abandoned, withdrawn, refused or granted;

f. Representation details and/or address for service on this form
correspond with that on record. Otherwise, Form CM1 or CM2 is filed
and approved;g. There are no other pending related requests –
i.
ii.
iii.
iv.
v.

Patents Form 13 (Request to amend application before grant);
Form CM4 (Request for correction of error);
Patents Form 56 (Filing of drawing(s), description or part ofdescription);
Patents Form 57 (Addition, correction or late declaration of priority);
Form CM9 (Request for withdrawal of application).

Otherwise, the form will be put on hold until these requests are processed;

h. The form is filed within the timelines in Chapter 6.1.15 above.
Otherwise, request for extension of time (Patents Form 45) is filed andapproved;
i. For PCT national phase entry applications, amendments (e.g. Article
19/34) made in the international phase will be taken into consideration–i.

If the amendments are not in English, an English translation of theamendments should be submitted with the VET;

Page 60 of 181

ii.

iii.
iv.

Otherwise, the Formalities officer will send a clarification letter toinform and invite the applicant to submit the English translation and VET
within 2 months from the date of the letter;
If the documents are not submitted within the timeline, theamendments will not be considered in the national phase application;
The VET should contain the following information –• States the document being translated;• Verifies that the translation corresponds to the original text of the
document or part;• States the name of the translator and contains a statement thathe/she is well versed in English and the relevant foreign language;• Signature of the translator and date of declaration.
j. If ASPEC or PPH request is indicated on the form or letter or it fulfils
other criteria for acceleration, the request will be expedited andprocessed in accordance to Chapter 7;
k. For request for Search and Examination report (Patents Form 11), thefollowing additional checks will be conducted –
i.
ii.

iii.

The number of claims indicated on the form should tally with thelatest number of claims on record;
The option “International Search Report (ISR)/ International
Preliminary Report on Patentability (IPRP) is established by IPOS”
is correctly indicated on the form.
If the applicant indicates that there has been a disclosure ofmatter of the invention 12 months prior to the date of filing of
this application, the criteria and required documents referred toin Chapters 6.1.18 to 6.1.24 are met.

l. For request for Examination report (Patents Form 12), the following
additional checks will be conducted –
i.
ii.

iii.

iv.

All required documents referred to in Chapters 6.1.5 to 6.1.6 are
submitted;
For divisional application, a written notice in the form of a cover
letter should be submitted if the applicant intends to rely on asearch report issued from the parent application;
For examination requests relying on foreign search results or ISR,
the application is a valid corresponding application,corresponding international application, related national phaseapplication (only applicable for patent application lodged on orafter 14 Feb 2014), or its application in suit during theinternational phase;
For requests relying on foreign search results, the foreign patentapplication is from the one of the prescribed patent offices.
Page 61 of 181

Rule 45(3)

v.
vi.
vii.

The number of claims indicated on the form tallies with the latest
number of claims on record;
The option selected on the form corresponds to the type ofsearch results which the applicant is relying upon.
If the applicant indicates that there has been a disclosure ofmatter of the invention 12 months prior to the date of filing thisapplication, the criteria and required documents referred to in
Chapters 6.1.18 to 6.1.24 are met.

m. For request for Supplementary Examination report (Patents Form
12A), the following additional checks will be conducted –
i.
ii.

iii.
iv.

v.

vi.

The application must be lodged on or after 14 Feb 2014;
The application must have a date of filing before 1 Jan 2020. For
divisional application, its lodgement date must be before 1 Jan
2020.
All required documents referred to in Chapters 6.1.7 to 6.1.14
are submitted;
For examination request relying on foreign search andexamination results, granted patent or IPRP, the foreign
application is a valid corresponding application, corresponding
international application, related national phase application, or
its application in suit during the international phase;
For request relying on foreign search and examination results/
granted patent, the foreign patent application is from the one ofthe prescribed patent offices;
The option selected on the form corresponds to the type of result
which the applicant is relying upon.

Clarification of Requests
6.1.26 If any of the above form requirements are not met, the Formalities officer
will send a letter to inform and invite the applicant to clarify or rectify within
2 months from the date of the letter. If the issue has not been rectified by
the timeline, a reminder will be issued.
a. To rectify errors, the applicant may file Form CM4 and indicate therelevant rule in which the correction is sought (Rules 58 and/or 91). For
more details on correction of error, refer to Chapter 11.8.
i.
Select “Correction of Form lodged” for errors on the form, e.g.,
wrong option or number of claims was indicated on the form
selected on the form;ii.
Select “Correction of Specification of a Patent or of an
Application for a Patent” for errors on the specification;iii.
Select “Correction of any other document relating to a Patentor an Application for a Patent” for errors on other documents
such as missing pages or parts in the copy of final Search andPage 62 of 181

Examination result or granted patent submitted with therequest, or errors in the claim correspondence table.
b. For overpayment due to wrong selection(s) on the form, e.g., discountfor ISR or IPRP established by IPOS is applicable or additional number ofclaims are indicated on the form, the Formalities officer willautomatically refund the overpayment after the applicant corrects therelevant part or number of claims on the form via Form CM4.
c. For underpayment due to wrong selection(s) on the form, e.g., discountfor ISR or IPRP established by IPOS is not applicable or fewer number ofclaims are indicated on the form, the applicant should correct therelevant part or number of claims on the form and pay the extra fees via
Form CM4.
d. If the final Search and Examination result/granted patent/cited
document(s) is not provided or a wrong copy was submitted, an
extension of time is required to re-submit the documents if the time
period to request for supplementary examination report has expired.
e. If the list of allowed claims is not provided, an extension of time isrequired to submit the documents if the time period to request for
supplementary examination report has expired.
f.

To update the representation details and/or address for service (which
is not a correction of error), the applicant may file Form CM1 or CM2
accordingly.

g. To submit clarification letters or documents in response to our letter,
the applicant may reply via eCommunications.
6.1.27 If the objections cannot be overcome or there is no response from theapplicant, the request will be refused and the applicant will be notified via a
letter. The applicant may request for a refund of the fee paid for the Patents
Form 10/11/12/12A.
6.1.28 When the applicant has complied with the above requirements, the request
will be forwarded to the Patent Examiner to conduct a Search, Examination
or Supplementary Examination accordingly. The applicant will be notified
via a letter. An entry will be made in the register that the request has been
received.
6.1.29 More details on the search and examination procedures performed by the
Patent Examiner may be found in the Examination Guidelines for Patent
Applications.
Page 63 of 181

Request for More Documents
6.1.30 During the course of preparing the report/opinion, the Patent Examiner may
request the Registrar for more documents/information tofacilitate/complete the report/opinion.
6.1.31 If additional documents are needed to be submitted by the applicant, theprocessing officer will request the applicant to submit the documents. If
applicant does not respond within 2 months, a reminder letter will be
issued. The applicant may reply via eCommunications.
Issuance of Search Report, Written Opinion, Examination Report or
Supplementary Examination Report
6.1.32 Upon completion of the search, examination or supplementary
examination, the Patent Examiner will prepare and forward a copy of thesearch, examination or supplementary examination report to the Registry.
6.1.33 If it appears to the Patent Examiner during the examination or
supplementary examination that one or more matter has not been complied
with, the Patent Examiner will issue a written opinion as the first officeaction instead.
6.1.34 A copy of each cited document will also be forwarded to the Registry. If the
document cited by the Patent Examiner is a Non-Patent Literature, the cited
document will not be provided due to copyright issues. The details of the
Non-Patent Literature will be provided for the applicant to obtain a copy ofthe cited document.

6.2 Request for Supplementary Search Report
6.2.1

The search report may indicate that the application relates to 2 or moreinventions, but they are not so linked as to for a single inventive concept(“lack of unity”). As a result, the current search may be restricted to the firstinvention specified in the claims of the application.

6.2.2

If the applicant wants a search to be conducted for the second or
subsequent invention, he may file Patents Form 10 for each invention within
2 months from the date of issuance of the search report by the Registrar.

6.2.3

Upon receipt of the supplementary search requests, the Formalities officer
will review the following requirements –Page 64 of 181

Rule 45

a. Fee has been paid;b. Representation details and/or address for service on this form
correspond with that on record. Otherwise, Form CM1 or CM2 is filed
and approved;c. Request is filed within 2 months from date of issuance of search
report to the applicant from a Patents Form 10 request;

d. 2 or more inventions have been indicated in the Search report/
Written Opinion;e. Applicant has indicated the group of invention intended for the
Supplementary Search report request.

6.2.4

If any of the above requirements are not met, the Formalities officer will
send a letter to inform and invite the applicant to clarify or rectify within 2months from the date of the letter. If the issue has not been rectified by thetimeline, a reminder will be issued.
a. To rectify errors, the applicant may file Form CM4 and indicate therelevant rule in which the correction is sought (Rules 58 and/or 91). For
more details on correction of error, refer to Chapter 11.8.
b. To extend the time, the applicant may file Patents Form 45.
c. To update the representation details and/or address for service (which
is not a correction of error), the applicant may file Form CM1 or CM2
accordingly.
d. To submit clarification letters in response to our letter, the applicant
may reply via eCommunications.

6.2.5

If the objections cannot be overcome or there is no response from theapplicant, the request will be refused and the applicant will be notified via
letter. The Patents Form 10 fee will be refunded to the applicant.

6.2.6

If the requirements are met, the request will be forwarded to the Patent
Examiner for review. The applicant will be notified via letter. An entry will
be made in the register that the request has been received.

6.2.7

If a divisional application is subsequently filed under Section 26(11), theapplicant may write in to inform the Registrar that he intends to rely on the
supplementary report established for this application.

Page 65 of 181

6.3 Response to Written Opinion/ Invitation to Amend
6.3.1

During the examination process, the Patent Examiner may issue a Written
Opinion if there are any unresolved objections regarding the patentapplication. The applicant will be invited to respond and/or amend thespecification.

Rule 46, Rule 46(4A)Rule 46(4A), Rule 49

Search and Examination/Examination
6.3.2

When the Patent Examiner is of the view that only minor amendments tothe specification are required to resolve the objections, the Patent Examiner
may, instead of a written opinion, issue an invitation to amend. The
invitation to amend is only applicable to a request for search andexamination report or request for examination report.

Rule 46AA

6.3.3

If a written opinion is issued, the applicant may respond to it by submitting
a written submission and/or amendments to the specification within 5months from the date of invitation to respond to the written opinion. If an
invitation to amend is issued, the applicant may respond to it by submitting
amendments to the specification or rejecting the invitation to amend within
2 months from the date of invitation.

Rule 46(4)6.3.4Both timelines are not extendable.

Rule 108(2)6.3.5

While the giving of an Invitation to Amend does not affect the power of the
Patent Examiner to give a written opinion, or another written opinion, thePatent Examiner may not do so until the applicant responds to the invitation
to amend, or after the expiry of the 2 months from the date of invitation toamend, whichever is earlier.

Rule 46(4A), Rule 49

Rule 46AA,
Section 29(7E),
Rule 46AA

Supplementary Examination
6.3.6

The period to respond to the written opinion is 3 months from the date ofinvitation. This timeline is not extendable.

Rule 46(3)Rule 46(7)Response to Written Opinion/Invitation to Amend
6.3.7

A response to written opinion/invitation to amend must be submitted with
Patents Form 13A. The response to written opinion may come in a form of
written submissions to the Patent Examiner’s written opinion; and/or an
application to amend the specification of the patent with amendment
indicated as per Chapter 5.1.12.

Page 66 of 181

Rule 46AA

6.3.8

Any response that is not submitted within the timeline and/or submitted
without the form will be disregarded. The invitation to amend may also be
rejected by the applicant via Patents Form 13A. When rejecting an invitation
to amend, it is not mandatory for the applicant to provide explanations forthe rejection, but the applicant may choose to do so.

6.3.9

Any amendment to abstract made during the response to written opinion/
invitation to amend will not be accepted by the Registry. Amendment toabstract cannot be filed during the following time periods –a. After Patents Form 10 is filed and before the search report is sent tothe applicant;b. After Patents Form 11, 12 or 12A is filed, unless it is withdrawn orrefused.

6.3.10 From 1 Apr 2017, both marked-up amendments and clean copies of theamended sheets are required for online submission. Applicants are
required to attach these documents according to the correct document
type. Amendments should be made based on the latest set of specifications
on record.
6.3.11 From 1 Dec 2019, if amendments or corrections have been made to claims,
a marked-up copy and a clean copy of the full set of claims have to besubmitted with the request. The amendments or corrections should bereflected similarly in both the clean and marked-up copies. Refer to Chapter
5.1.12 on the accepted format of the marked-up and clean copy ofamendments and corrections to specification. The request for amendment
to specification should set out the reasons for making amendments and any
evidence in support thereof should also be submitted.
6.3.12 If all requirements are met or once the request is received, the system willautomatically review the following requirements –Page 67 of 181

a. Date of filing of the patent application or patent is on or after 1 Jul
2004. Otherwise, Patents Form 13 should be used;b. Invitation to Respond to Written Opinion/Invitation to Amend has
been issued;c. Amendment of specification and/or written submissions is/areselected and filed;d. Representation details and/or address for service on this form
correspond with that on record. Otherwise, Form CM1 or CM2 is filed
and approved;e. The form is filed within the timeline i.e. 5, 3 or 2 months as
mentioned in Chapter 6.3.3 to 6.3.5;

f. If ASPEC or PPH request is indicated in part 2.1 of the form or letter,
the request will be expedited and processed in accordance to Chapters
7.2 and 7.3.
g. If the applicant indicates that there has been a disclosure of matter ofthe invention 12 months prior to the date of filing this application, thecriteria and required documents referred to in Chapters 6.1.18 to 6.1.24
are met.

6.3.13 If any of the above requirements are not met, the Formalities officer will
send a letter to inform and invite the applicant to clarify or rectify within 1month from the date of the letter. If the issue has not been rectified by thetimeline, a reminder will be issued.
a. To rectify errors, the applicant may file Form CM4 and indicate therelevant rule in which the correction is sought (Rules 58 and/or 91). For
more details on correction of error, refer to Chapter 11.8.
i.
Select “Correction of Form lodged” for errors on the form e.g.,
wrong option selected on the form or wrong explanation of theamendments made;Page 68 of 181

ii.

Select “Correction of Specification of a Patent or of an
Application for a Patent” for errors on the amended
specification;iii.
Select “Correction of any other document relating to a Patentor an Application for a Patent” for errors on other documentse.g., written submission or the documents submitted to support
the reasons of the amendments made or in support of thewritten submission.
b. To update the representation details and/or address for service (which
is not a correction of error), the applicant may file Form CM1 or CM2
accordingly.
c. To submit clarification letters or documents in response to our letter,
the applicant may reply via eCommunications.
6.3.14 Formalities officer will accept the Response to Written Opinion/ Invitation
to Amend request and forward it to the Patent Examiner. The applicant will
be notified via letter. There will be an entry made in the register to theeffect that a response has been received.
6.3.15 If the objections cannot be overcome or there is no response from theapplicant within the timeline following a written opinion, a Notice ofIntention to Refuse will be issued automatically with the negative
examination report.
6.3.16 If there is no response/rejection from the applicant within the timeline
following the invitation to amend, the Patent Examiner may in his discretion,issue a (further) written Opinion or a negative examination report.
6.3.17 In deciding whether to issue any further written opinion, the Patent
Examiner may also take into consideration whether there is sufficient time
for the applicant to respond to his written opinion and for him to draw up
the examination report or the search and examination report.
No Response to Written Opinion
6.3.18 If the applicant does not respond to the written opinion, the system willautomatically establish the “Examination Report without response to
Written Opinion” and “ER cover sheet (no response to WO) bypass
Examiner” cover page with the latest written opinion. A Notice of Intention
to Refuse will also be issued.
Withdrawal
6.3.19 If the applicant intends to withdraw the request and switch to other routes,
he may write in to notify via eCommunications before the examination
report and Notice of Eligibility/Notice of Intention to Refuse are issued tothe applicant. The Formalities officer will notify the applicant on the
Page 69 of 181

Rule 46(9)Rule 46(6)withdrawal outcome. Any amendments filed in response to written opinion
will still be taken into account.
6.3.20 If the Patent Examiner retracts a written Opinion/invitation to amend thathas been issued to the applicant, any Patents Form 13A filed in response tothis written opinion will be considered as void.
6.3.21 In cases where there is a change of mind regarding the set of amendments
filed, the withdrawal of Patents Form 13A will not be allowed. Applicantsmay, if the forms can still be filed within the allowable time period, fileanother set of amendments to replace the former approved Patents Form
13A.
Notice of Eligibility
6.3.22 If the examination/supplementary examination report contains noobjections or unresolved issues, a Notice of Eligibility will be issued to theapplicant with the report. The applicant may proceed to request for grantof patent by filing Patents Form 14 within 2 months from the date of thenotification.
6.3.23 If Patents Form 14 is not filed within the timeline, the system willautomatically abandon the patent application. There will be an entry madein the register and the next Patents Journal to the effect that the patentapplication has been abandoned.

Section 29A(1)Rule 47(1)Section 29A(2)(b)Section 29A(3)Notice of Intention to Refuse
6.3.24 If the examination/supplementary examination report contains unresolved
objections, a Notice of Intention to Refuse will be issued to the applicant
with the report. The applicant may proceed to request for examination
review report by filing Patents Form 12B within 2 months from the date of
the notification.
6.3.25 If Patents Form 12B is not filed within the timeline, the system willautomatically refuse the patent application at the end of 2 months from the
Notice of Intention to Refuse. The status of application will be updated as“Refused – EOT possible” on the register. The refusal will be published in the
Patents Journal.

Rule 46A(2)Section 29A(4)(b)

6.4 Request for Examination Review Report
6.4.1

A Notice of Intention to Refuse may be issued with a negative examination
report from a Patents Form 11, 12 or 12A request. The applicant may
request the Patent Examiner to review the search and examination,
Page 70 of 181

Section 29A(3)examination or supplementary examination report by filing Patents Form
12B within 2 months from the date of Notice of Intention to Refuse.
6.4.2

The applicant may submit written submissions in response to the Patent
Examiner’s opinion (mandatory) and/or amendments to specification(optional) with Patents Form 12B. From 30 Oct 2017, instead of filing
Patents Form 13 separately, applicants who wish to make amendments tothe specification when requesting for an examination review report may
submit the proposed amendments along with Patents Form 12B.

6.4.3

From 1 Apr 2017, both marked-up amendments and clean copies of theamended sheets are required. Applicants should submit and select these
attachments according to the correct document type.

6.4.4

From 1 Dec 2019, if amendments have been made to claims, a marked-up
and clean copy of the full set of claims have to be submitted together withthe request. The amendments or corrections should be reflected similarly inboth the clean and marked-up copies. Refer to Chapter 5.1.12 on theaccepted format of the marked-up copy of the amendments. The request
for amendments to specification should set out the reasons for making
amendments and any evidence in support thereof should also be submitted.

6.4.5

Once the request is received, the Formalities officer will review thefollowing requirements –a. The application must be lodged on or after 14 Feb 2014;b. Notice of Intention to Refuse was issued;c. The form is filed within the timelines mentioned in Chapter 6.1.15.
Otherwise, request for extension of time (Patents Form 45) is filed andapproved;d. Written submission is submitted;

e. Any amendments to the specification should be submitted with thisform. Both marked-up and clean copies are submitted.

Page 71 of 181

Section 29B
Rule 46A(2)f. Representation details and/or address for service on this form
correspond with that on record. Otherwise, Form CM1 or CM2 is filed
and approved.
g. If the applicant indicates that there has been a disclosure of matter ofthe invention 12 months prior to the date of filing this application, thecriteria and required documents referred to in Chapters 6.1.18 to 6.1.24
are met.
6.4.6

If any of the above requirements are not met, the Formalities officer will
send a letter to inform and invite the applicant to clarify or rectify within 2months from the date of the letter. If the issue has not been rectified by thetimeline, a reminder will be issued.
a. To rectify errors, the applicant may file Form CM4 and indicate therelevant rule in which the correction is sought (Rules 58 and/or 91). For
more details on correction of error, refer to Chapter 11.8.
i. “Correction of Form lodged” for errors on the form, e.g.,
wrong option selected on the form or wrong explanation of
the amendments made;ii. “Correction of Specification of a Patent or of an Application
for a Patent” for errors made in the specification;iii. “Correction of any other document relating to a Patent or an
Application for a Patent” for errors on other documents, e.g.,
written submission or the documents submitted to support
the reasons of the amendments made or in support of thewritten submission.
b. To update the representation details and/or address for service (which
is not a correction of error), the applicant may file Form CM1 or CM2
accordingly.
c. To submit clarification letters or documents in response to our letter,
the applicant may reply via eCommunications.

6.4.7

If all requirements are met, the Formalities officer will accept and forward
the request for examination review report to the Patent Examiner and theapplicant will be notified via letter. The event will be entered in the register.

6.4.8

If the objections cannot be overcome or there is no response from theapplicant, the request will be refused and the applicant will be notified via
letter.

Page 72 of 181

Examination Review Report
6.4.9

The examination review report need not specify whether the Patent
Examiner agrees or disagrees with the examination report, search andexamination report or supplementary examination report, if amendments
to the specification are submitted with the request for examination review
report, to overcome all unresolved objections.

6.4.10 If the examination review report contains no objections or unresolved
issues, a Notice of Eligibility will be issued to the applicant with the report.
The applicant may proceed to request for grant of patent by filing Patents
Form 14 within 2 months from the date of the notification. If Patents Form
14 is not filed by the timeline, the system will automatically abandon thepatent application. The event is entered in the register and published in the
Patents Journal.
6.4.11 If there are any unresolved issues, a Notice of Refusal of the patentapplication will be issued with the negative examination review report. The
refusal of the patent application will take effect at the end of 2 months fromthe date of notification. The status of application will be updated as“Refused”. The event will be entered in the register and published in the
Patents Journal.
6.4.12 If the applicant intends to withdraw the request, he may write in to notify
via eCommunications. The Formalities officer will notify the applicant on thewithdrawal outcome.
Communication with the Registry or the Patent Examiner
6.4.13 If the applicant would like to raise issue(s) with the report, he may write in
via eCommunications. If the error identified is valid, a corrected report will
be issued to the applicant with revised timelines, if applicable. The reportcontaining the error will be disregarded.
6.4.14 If the applicant would like to clarify regarding the Patent Examiner’scomments in the report, he may write in to clarify with the Registry via
eCommunications. To arrange for direct communication with the Patent
Examiner, refer to Chapter 11.7.
Patent Examiner-Initiated Informal Communication
6.4.15 As part of IPOS’ ongoing efforts to improve the efficiency and reduce thecost for patent prosecution, IPOS has launched the practice of Patent
Examiner-initiated informal communications for patent applications witheffect from 15 Sep 2017.
Page 73 of 181

Section 29B(4A)

Section 29B(5)(b)(i)Rule 47(2)6.4.16 The Patent Examiner may communicate with the applicant in the form ofemail correspondences, phone or face-to-face interviews, etc. Such informal
communications will be initiated via an email containing the purpose of thecommunication and proposed actions to be taken by the applicant.
6.4.17 The applicant may be invited to file a further response to written opinion(Patents Form 13A) or correction of error (Form CM4) or the Patent
Examiner may issue an invitation to amend. Amendments filed with Patents
Form 13A after an informal communication with the Patent Examiner should
be made within the time period for filing a response to written opinion or
invitation to amend.
6.4.18 Examples where an informal communication can be initiated by the Patent
Examiner include:a. When the subject matter relates to an emerging technology and the
Patent Examiner finds the applicant’s explanation of the technology
may benefit the prosecution, the Patent Examiner may invite theapplicant to an interview.
b. When the application is found to be ready for grant except for someminor clarity issues in the pending claims, the Patent Examiner may
invite the applicant to file necessary claim amendments in order toovercome the remaining clarity issues. The Patent Examiner may
optionally offer the applicant an opportunity of an interview.
c. When no substantive progress has been made in the prosecution after
several iterations and the Patent Examiner considers an interview to be
useful for closing the gap in the prosecution, the Patent Examiner may
initiate an interview with the applicant. In the event the outcome of theinterview is promising, the Patent Examiner may invite the applicant tofile a formal response for the Patent Examiner’s consideration.
6.4.19 In line with the purpose of improving the prosecution efficiency, theapplicant should only file necessary amendments in relation to the specified
claims in the communication.
6.4.22 Notwithstanding the mode of communication, all communications regarding
the merits of an application form part of the official file records. For phoneor a face-to-face interview, an interview minute would be created andplaced on file record to ensure transparency. Together with the launch ofthis initiative, the file record will be made available for inspection via Form
CM10. However, it will not be available on Patents Open Dossier until further
notice.

Page 74 of 181

6.5 Observations by Third Party
6.5.1 For a published application that is undergoing Search and Examination,observations by third party can be made in writing to the Registrar on thequestion whether the invention is a patentable invention, stating reasons forthe observations before the issuance of the examination report, search andexamination report or supplementary examination report.

Section 32
Rule 45A

6.5.2 The observations by third party must be submitted as an eCommunications
using document type “Third Party Observations”. It is strongly encouraged forsupporting documents to be submitted together with the observations. The
Registrar may direct the third party to furnish such documents and file an
English translation of the whole or relevant parts of the documents if the
documents are not in a language other than English. There is no official form
and fee for the submission of observations by third party.

Rule 105

6.5.3 The Registrar will send a copy of the observation to the Patent Examiner and
the Patent Examiner will take the observation into consideration.
Observations received after the establishment of the examination report,
search and examination report or supplementary examination report will be
put on record but will not be forwarded to the Patent Examiner, nor will it bemade available on the Patents Open Dossier.

Page 75 of 181

Rule 112(6)(a)Request For Search Report
Patents Form 10 (Patent Application lodged on or after 14 Feb 2014)
Request for Search Report(Patents Form 10)

Clarification

ApplicantRegistry conduct Formalities Check

Response
Formalities Cleared

Search Report
No unity issue

Search Report
Contains unity issue

Patent Examiner

Registry conduct
Formalities Check

Registry conduct
Formalities Check

ApplicantApplicantwithin 2 months

Request for Supplementary
Search Report (Patents Form 10)

Registry conduct
Formalities Check

Clarification

ApplicantPatent Examiner

Response*Search report containing unity issue may also be established from a Request for Search and Examination Report (Patents
Form 11) in the first office action.

Page 76 of 181

First Office Action
Request for Search and/or
Examination Report (Patents Form
11/12)

Clarification

ApplicantRegistry conduct Formalities Check

Response
Formalities Cleared
Search and/ Written
OpinionContains unresolved
issuesPatent Examiner

Registry conduct
Formalities Check

Search and/ Exam Report
No unresolved issues

Registry conduct
Formalities Check
Formalities Cleared

Formalities Cleared
Invitation to amend/
respond to Written
OpinionApplicantNotice of Eligibility

No Patents Form 14 filed
within 2 months

Abandoned

ApplicantPayment of Fee for Grant
of Patent(Patents Form 14)
Requirements Cleared

Certificate of Grant

Page 77 of 181

No Response to Written Opinion
Patent Examiner
Formalities Cleared
Invitation to
respond to Written
OpinionClarification

ApplicantRegistry conduct Formalities Check

Response

ApplicantWithin 5 months(Search and Examination request)
No Response to
Written Opinion or
Response received
after timeline

Request for Examination Review
Report (Patents Form 12B)

Examination Report
Contains
unresolved issues

No Patents Form 12B/13
filed within 2 months
Notice of Intention
to Refuse

ApplicantPage 78 of 181

Notice of Refusal

Subsequent Office Action
Response to Written Opinion(Patents Form 13A)

Written Opinion
Contains unresolved
issuesPatent Examiner

Examination Report
No unresolved issues

Invitation to Amend/
respond to Written
OpinionExamination Report
Contains unresolved
issues

Notice of Eligibility

ApplicantApplicantNotice of Intention toRefuseNotice ofRefusalNo Patents Form
12B/13 filed within

Patent Examiner

2 months

Applicantwithin 2 months
Request for Examination
Review Report (Patents
Form 12B)

Page 79 of 181

Within 2
monthsPayment of Fee for Grant
of Patent(Patents Form 14)
Requirements
ClearedPatent Granted

7.1 Acceleration and Worksharing Programmes
7.1.1

IPOS offers various programmes which applicants may explore to speed up
the patent prosecution process in IPOS or partnering IP Offices. These
programmes, comprising of the Patent Prosecution Highway (PPH), ASEAN
Patent Examination Co-operation (ASPEC), Patent Re-registration,
Collaborative Search and Examination (CS&E) and SG IP Fast, are designed tosupport applicants’ international, regional and domestic patent filingstrategies. Data shows that patent applications that utilise work-sharing
programmes, such as the PPH and ASPEC, benefited from relatively fasterfirst office action issuance and a higher grant rate (>90%) on average, at no
additional official cost.

7.2 Patent Prosecution Highway (PPH) request
7.2.1

The Patent Prosecution Highway (PPH) is a work-sharing programme
between IP Offices where the examination of a patent application in one IP
Office can be accelerated by referencing the examination results fromanother IP Office. This allows applicants to obtain patents faster and more
efficiently at no additional official cost.

7.2.2

IPOS has PPH pilot programmes with the China National Intellectual
Property Administration (CNIPA), the Mexican Institute of Industrial
Property of the United Mexican States (IMPI), the National Institute ofIndustrial Property (Brazil), the European Patent Office (EPO) and the Saudi
Authority for Intellectual Property (SAIP). IPOS is also a participating officeof the Global Patent Prosecution Highway (GPPH) pilot programme. The
GPPH network has more than 25 participating offices.

7.2.3

The following table is a list of GPPH participating offices and their
participation as ISA and IPEA –Page 80 of 181

Acts as ISA and
IPEA

GPPH Participating Offices
IP Australia

Yes

Austrian Patent Office

Yes

Canadian Intellectual Property Office

Yes

Danish Patent and Trademark OfficeNo

Estonian Patent OfficeNo

National Board of Patents and Registration of Finland

Yes

German Patent and Trademark Office

No

Hungarian Intellectual Property Office

No

Icelandic Patent OfficeNoIntellectual Property Office of New ZealandNo

Israel Patent Office

Yes

Japan Patent Office

Yes

Korean Intellectual Property Office

Yes

National Institute of Industrial Property of Chile

Yes

Nordic Patent Institute

Yes

Norwegian Industrial Property OfficeNo

National Institute for the Defense of Competition and theProtection of Intellectual Property of PeruNo

Patent Office of the Republic of Poland

No

Portuguese Institute of Industrial Property

No

Russian Federal Service for Intellectual Property

YesIntellectual Property Office of Singapore

Yes

Spanish Patent and Trademark Office

YesSuperintendence of Industry and Commerce, ColumbiaNo

Swedish Patent and Registration Office

Yes

United Kingdom Intellectual Property OfficeNo

United States Patent and Trademark OfficeYes

Visegrad Patent Institute

Yes

Page 81 of 181

7.2.4The examination results relied upon for acceleration are the patent searchand examination results (national work products) of the PPH/ GPPH
partnering IP Office. For the European Patent Office and the IP Offices in the
GPPH network which are also functioning as International Authorities under
the PCT, the international search and/or examination results (PCT work
products) can also be relied upon for acceleration.

7.2.5

The types of PPH requests available are –a. Mottainai (PPH request is made in the Office of Later Examination); or
b. PCT-PPH (PPH request is based on the PCT work products from an ISA or
IPEA.
PPH

Type of
PPH

National and/or
PCT

Applications to belinked by

Global PPH

Mottainai

National and PCTSame earliest date

IPOS-EPO

Mottainai

National and PCTSame earliest date

IPOS-CNIPA(China)Mottainai1

National and PCT

Priority

IPOS-IMPI(Mexico)Mottainai

National and PCTSame earliest date

IPOS-INPI(Brazil)

Mottainai

National and PCTSame earliest date

IPOS-SAIP(Saudi Arabia)

Mottainai2

National and PCTSame earliest date

7.2.6

The applicant may rely on PPH/GPPH to expedite search and examination at
IPOS. Requests for these with PPH/GPPH will be expedited and processedwith priority. PPH/GPPH may be requested at the point of filing the request
for search and examination, or examination report. The applicant can
indicate that they are relying on PPH/GPPH on Patents Form 11 (Request for
Search and Examination Report) or Patents Form 12 (Request for
Examination Report) by selecting “ASPEC/PPH” from the drop down list in
the form, and submitting the relevant documents.

7.2.7

PPH request can still be made after the Patents Form 11 or 12 is filed if
examination has not begun. The applicant should make the request by –1,2 For PPH using national products from the CNIPA or SAIP as the Office of Earlier Examination (OEE), theapplication must be filed with either CNIPA / SAIP or IPOS, as the Office of First Filing (OFF).

Page 82 of 181

a. Writing in through eCommunications with subject title "PPH
acceleration requested" and informing the intention to make a PPH
request for the Singapore application number, citing the corresponding
application number and whether any amendments are required toconform the claims in the Singapore application to the allowable claimsin the corresponding application.
b. If examination has not begun and amendments are required, the Patent
Examiner will issue an invitation to amend. To proceed with the PPH
request, the applicant should respond to the invitation to amend via
Patents Form 13A and select the checkbox for PPH. The Patents Form
13A with the amendments must be accompanied by the relevant PPH
documents and filed within 2 months from the date of the invitation toamend.
c. If examination has not begun and amendments are not required, IPOS
will invite the applicant to submit the relevant PPH documents via
eCommunications.
d. More details on the PPH/GPPH programme are available on the IPOS
website.
7.2.8

Once the PPH/GPPH request is received, the Formalities officer will review
the following requirements –a. PPH is selected on the PF11/PF12 form;b. Both the IPOS application and the application forming the basis of the
PPH/GPPH request are corresponding applications or, where applicable,
related applications sharing the same earliest date (whether this is apriority date or a date of filing); For PPH using national products fromCNIPA or SAIP, the application must be first filed with either CNIPA/SAIP
or IPOS;c. All office actions of the application being relied upon are submitted;

d. List of allowable/patentable patent claims is submitted, with at least
one claim determined by the other IP Office to be allowable/patentable;

Page 83 of 181

e. For GPPH only, if the documents listed in (c) and (d) are available in the
IP Office’s Dossier Access System, they need not be submitted. An English
translation of these documents is submitted if they are not in English. A
Verified English Translation (VET) of documents is not required;f. All claims in the IPOS application have to sufficiently correspond to one
or more claims found allowable/patentable by the other IP Office. A
claims correspondence table showing the relatedness of theallowable/patentable claims is submitted;
g. Cited documents referred to in the results may be submitted at the
point of filing the request (not mandatory unless requested by theRegistry). If the documents are not in English, an English translation may
be requested.
7.2.9

The following table is a summary of the Dossier Access System of IP Offices
which are IPOS’ PPH partners –Office Dossier Access
OfficeSystem
IP Australia

AusPatCanadian Intellectual Property Office

Canadian Intellectual
Property Office Database

Danish Patent andTrademark Office
European Patent Office

PVS online
European Patent Register

Estonian Patent Office

Estonian Patent Office
Database

German Patent andTrademark Office

DEPATISnet

Hungarian Intellectual
Property Office

Hungarian Intellectual
Property Office E-Dossier

Israel Patent Office

ILPATSEARCH

Japan Patent Office

AIPN

Korean Intellectual
Property Office

K-PION

Norwegian Industrial
Property Office

Norwegian Industrial
Property Office Database

Page 84 of 181

Office

Office Dossier Access
SystemFinnish Patent andRegistration Office

PatInfo

Swedish Patent andRegistration Office

Swedish Patent Database

United Kingdom
Intellectual Property Office

IPSUM

United States Patent
and Trademark Office

Patent Center
PATENTSCOPE

World Intellectual Property Organisation
WIPO CASE
7.2.10 Where an English translation of the documents is required, machinetranslation is acceptable. If the Patent Examiner finds that the machinetranslation is of poor quality and difficult to understand, the applicant may
be required to submit a manual translation. The manual translation does nothave to be certified.
7.2.11 The requirements for Patents Form 11 or Patents Form 12 have to be met,
regardless of whether a PPH/GPPH request is made.
7.2.12 The applicant may rely on the search and examination results of more than
one related application, i.e., Office of first filing (OFF)/Office(s) of Earlier
Examination (OEE) for PPH/GPPH. All relevant documents and multiple setsof claim(s) correspondence tables are also required to be furnishedaccordingly.
7.2.13 Allowed claims from a utility model or a petty patent cannot be used to form
the basis for requesting PPH in IPOS as they are not required to meet thesame patentability criteria as a standard patent, and typically are notsubjected to substantive examination.

7.3 ASEAN Patent Examination Co-operation (ASPEC)
Request
7.3.1

The ASEAN Patent Examination Co-operation (ASPEC) is the first regional
patent work-sharing programme among 9 participating ASEAN Member
States (AMS) IP Offices of Brunei Darussalam, Cambodia, Indonesia, Lao
PDR, Malaysia, the Philippines, Singapore, Thailand, and Viet Nam.

Page 85 of 181

7.3.2The participating AMS IP Offices may refer to and consider the search andexamination results it receives under the ASPEC programme. AMS IP Offices
are not obliged to adopt any of the findings or conclusions reached byanother IP Office. AMS IP Offices will proceed with and conclude its searchand/ or examination work as well as decide on whether to grant the patentin the manner that is in accordance with its national laws.

7.3.3

The objectives of the programme are:a. Reduced work and faster turnaround time. Reference to earlier work
could help the Patent Examiner to develop his search criteria or strategy
more quickly, reduce searching and/or assist the Patent Examiner tounderstand the claimed invention faster. Faster prosecution of thepatent application is, therefore, possible.
b. Better search and examination. The other patent authorities might haveaccess to databases unavailable to the Patent Examiner (e.g., specifictechnical databases, local databases, databases in other languages).
Therefore, the opportunity to refer to these and examination results
could provide the Patent Examiner with information on and assessmentof prior art which he or she would otherwise not have access to.

7.3.4

A patent application in a participating AMS IP Office where the ASPEC
Request Form is filed (“second IP Office”) is required to be a pending
corresponding/related national phase entry patent application in the otherparticipating AMS IP Office (“first IP Office”). The ASPEC request relies on
search and examination documents of this patent application.
ASEAN MEMBER STATE“First IP Office”

Can Refer(Not Bound by
Reference)

ASPEC Request form
Filed

Search & Exam Request

ASEAN MEMBER STATE“Second IP Office”[Any other AMS]

Final Examination Report

Expedited Processes(Advanced out-of-turn
until grant)

International Preliminary
Examination Report/Written
Opinion**Established by an ASEAN International Search Authority or International
Preliminary Examining Authority (ISA/IPEA)

7.3.5

A patent application in the first IP Office is a corresponding/related national
phase entry patent application if it is:Page 86 of 181

a. Linked by a Paris Convention priority claim to the patent application in
the second IP Office, and vice-versa; orb. The patent applications in both the first IP Office and second IP Officehave the same priority claim from another Paris Convention member
country; orc. The patent applications in both the first IP Office and second IP Office
are national phase entry applications from the same PCT application.
7.3.6

From 15 Jun 2021, written opinion is an acceptable search and examination
result for all participating AMS IP Offices except the IP Office of Thailand.
Written opinion refers to a non-final assessment of the novelty, inventive
step and industrial applicability of the claimed invention that is issued byparticipating AMS IP Offices. Examples of names of “written opinion” usedin AMS are “written opinion” in Brunei, Singapore, and the Philippines, and“adverse report” in Malaysia.

7.3.7

ASPEC may be requested at any time before the final decision of grant orrefusal. An ASPEC request can be submitted electronically at the e-ASPEC
platform available at the ASEAN IP Portal. More details on the ASPEC
programme is available at IPOS website.

7.3.8

Applicants intending to file ASPEC request(s) at another AMS IP Office basedon search and examination results issued by IPOS should note that only
written opinion or final search and examination results established under
the local or mixed search and examination routes (i.e., final search andexamination results from Patents Form 11 (Request for Search andExamination Report) or Patents Form 12 (Request for Examination Report))
can be used for the purposes of the ASPEC Programme.

7.3.9

The applicant may submit an ASPEC request to expedite search, search andexamination, or examination process at IPOS. These requests with ASPEC
requests made will be expedited and processed with priority. The applicant
should also indicate that they are submitting ASPEC documentation on
Patents Form 10 (Request for Search Report), Patents Form 11 (Request for
Search and Examination Report), Patents Form 12 (Request for Examination
Report), or Patents Form 13A (Response to Written Opinion or a Responseto an Invitation to Amend).

7.3.10 Once the ASPEC request is received, the Formalities officer will review thefollowing requirements –Page 87 of 181

a. ASPEC option on the form is selected or a written notice issubmitted;
b. Search and Examination result or Written Opinion of acorresponding/related national phase entry patent application fromthe first IP Office is submitted;
c. List of claims referred to in the results is submitted, with at least one
claim determined by the first IP Office to be allowable/patentable;d. All claims in the IPOS application have to sufficiently correspond to
one or more claims found allowable/patentable by the first IP Office;e. English translation of the above documents is submitted if they are
not in English. The English translation of any document must be
verified by a translator or by the patent agent appointed to act onbehalf of the patent applicant before IPOS, if it is requested.
f. The following additional documents may also be submitted –
i.

ii.
iii.
iv.

Claim correspondence table showing relatedness of the claims
examined in the corresponding application to the claims in thecurrent application may be submitted;
List of prior art with English translation if they are not in English;
Cited documents referred to in the results; andIf you are not relying on written opinion for ASPEC, written
opinion and any accompanying English translation if they are notin English.

7.3.11 The following table summarises the requirements and services at the AMSFirst IP Offices –AMS First IP Office

Brunei Darussalam
Cambodia
Indonesia
Lao PDR
Malaysia
Philippines
Singapore
Thailand
Viet NamAre Search &Examination
reports Issued in
EnglishAre English translation (andverification) services of
non-English ASPEC
documents provided for at
the AMS First IP Office

Yes

Not applicable

Yes
No
No
Yes
Yes
Yes
No
No

Not ApplicableNo
No
Not Applicable
Not Applicable
Not Applicable
Yes
Yes, upon request

Page 88 of 181

7.3.12 The following table summarises the requirements and services at the AMS
Second IP Offices –AMS Second
IP OfficeWhen can the ASPEC
Request be filed by theapplicant at the AMS
Second IP OfficeWill the AMS Second IP
Office request the AMSFirst IP Office for English
translation of non-English
ASPEC documents

At any time before thefinal decision of grant orrefusalNo

Brunei
Darussalam
Cambodia
Indonesia
Lao PDR
Malaysia
Philippines
Singapore
Thailand
Viet Nam
7.3.13 Two new pilot features under ASPEC were launched on 27 Aug 2019. They
are the PCT-ASPEC and ASPEC Acceleration for Industry 4.0 Infrastructureand Manufacturing (ASPEC AIM).
PCT-ASPEC
7.3.14 PCT-ASPEC is an extension of ASPEC to include the use of PCT results
established by an ASEAN IP Searching and Preliminary Examining Authority3.
7.3.15 PCT results acceptable under PCT-ASPEC include written opinion of theInternational Search Authority (ISA), written opinion of the International
Preliminary Examining Authority (IPEA) or International Preliminary
Examination Report issued (IPER) within the PCT framework.
7.3.16 The steps in Chapters 7.3.4 to 7.3.9 apply. In addition, the applicant should:
a. Indicate the request for PCT-ASPEC on the cover letter or on the ASPEC
Request Form under remarks; andb. Email the monitoring authority (PT_acceleration@ipos.gov.sg) and PCTASPEC focal point of the requisite details:i.
PCT application no.;ii.
Desired 2nd AMS and application number in the 2nd AMS;
iii.
Date of request; andiv.
Applicant’s name.
3

Currently, IPOS and the IP Office of the Philippines are the ASEAN International Searching
and Preliminary Examining Authorities.

Page 89 of 181

7.3.17 PCT-ASPEC is a pilot programme which has been extended. The number of
eligible PCT-ASPEC requests is capped at 100 per year starting from 27 Aug
2019 and ending on 26 Aug 2025.
ASPEC AIM
7.3.18 ASPEC AIM prioritises Industry 4.0 patent applications. The AMS will issue
first actions within 6 months.
7.3.19 The list of International Patent Classification (IPC) codes relating to Industry
4.0 patent applications can be found on the IPOS website.
7.3.20 The steps in Chapters 7.3.4 to 7.3.9 apply. In addition, the applicant should:
a. Indicate the request for ASPEC AIM on the cover letter or on the ASPEC
Request Form under remarks; andb. Email the monitoring authority (PT_acceleration@ipos.gov.sg) and
ASPEC AIM focal point of the requisite details:i.
Application no. from first IP Office;ii.
Desired second IP Office and application no. in the Second IP
Office;iii.
Date of request; andiv.
Applicant’s name.
7.3.21 ASPEC AIM is pilot programme which has been extended. The number of
eligible ASPEC AIM requests is capped at 50 per year starting from 27 Aug
2019 and ending on 26 Aug 2025.
7.3.22 For more information, please refer to ASPEC Notice and Procedures here.

7.4 Patent Cooperation with Cambodia and Laos
7.4.1

IPOS has patent cooperation with the Ministry of Industry, Science,
Technology and Innovation (MISTI) of Cambodia and the Department ofIntellectual Property (DIP) of Laos, respectively. Under the cooperation,patent owners or applicants in Singapore are able to re-register theirSingapore patents at the MISTI or DIP or submit an IPOS-issued search andexamination report to MISTI or DIP for the grant of a related patentapplication in Cambodia or Laos, respectively. The Singapore application
should be related to the Cambodian or Laotian application, i.e., there is apriority linkage.

7.4.2

A Singapore patent can be re-registered in Cambodia or Laos, subject to thefollowing conditions –Page 90 of 181

Cambodia

Laosa. The Singapore patent must be
in force at the time of thelodgementofthereregistration request at theMISTI;
b. The Singapore patent musthave a date of filing on or after
22 Jan 2003; andc. The Singapore patent mustmeettheCambodianrequirementsforpatentability, i.e., the patent
relating to the Singapore
patent must not be of apharmaceutical nature.

a. The Singapore patent must be
in force at the time of thelodgementof the reregistration request at the
DIP;a. The Singapore patent musthave a date of filing on or after
17 Jan 2002; andb. The Singapore patent mustmeettheLaotianrequirementsforpatentability.

7.4.3

For the submission of IPOS-issued Search and Examination reports to the
MISTI or DIP, patent applicants in Singapore who have a related patentapplication in Cambodia or Laos can submit a written request to IPOS for
IPOS to transmit a copy of the final search and examination report and thefinal specifications of the Singapore related patent application to the MISTIor DIP for the grant of the related patent application in Cambodia or Laos,
respectively. Applicants can also request for the specifications of the related
patent application in Cambodia or Laos to be amended accordingly to thefinal specifications of the Singapore related patent application. More details
on the Patent Cooperation with Cambodia and Laos is available at IPOS
website.

7.4.4

The following documents are required to be submitted for Re-registrationin Cambodia or Laos –a. Official Request Form;b. Patent Application Fees;c. Certified copies of Singapore Certificate of Grant;
d. Final specifications of Singapore patent;e. Copy of Abstract of Singapore patent;
f. Certified Khmer/Laotian translations of abstract and final specificationsof Singapore patent (within 6 months of submission for Cambodia);g. Power of Attorney, if an agent is appointed.

Page 91 of 181

7.5 Collaborative Search and Examination (CS&E)
7.5.1

A first in ASEAN, IPOS has established a Collaborative Search andExamination (CS&E) pilot programme with the Intellectual Property Officeof Viet Nam (IP Viet Nam) that will provide innovators with enhanced priorart search and examination results based on the combined expertise of both
IP Offices. It is designed to speed up the patent process for those interested
to obtain patent protection in both countries.

7.5.2

The CS&E programme is complimentary during the pilot duration from 1
Mar 2023 to 28 Feb 2025. Applicants will benefit from an accelerated first
office action, i.e., the CS&E report will be issued within 10 months from thedate of receipt of the Request for CS&E.

7.5.3

The number of CS&E requests will be capped at 20 requests per year for an
initial duration of two years. There is also a further cap of two requests permonth and a restriction of two requests per entity (individual or corporate)
per month. Unutilised quota will be rolled over to the following month,subject to a maximum cap of four per month.

7.5.4

To qualify for the CS&E programme, the following conditions have to be
met:
a.
b.

c.
d.
e.
7.5.5

Application must be first filed in Singapore or Viet Nam, i.e., no priority
claim and not a divisional application;
The request for the grant of a patent, request for search andexamination report and request for CS&E should be filed on the same
day;
Application should contain 20 or fewer claims, including 3 or fewer
independent claims;
Applicant must respond within 2 weeks from the date of receipt ofFormalities Examination Adverse report (if issued); andThe request for CS&E is made within the cap limits.

The table below illustrates the difference between PPH, ASPEC, Patent Reregistration Cooperation and CS&E –PPH

Relies on a reportfrom a partner IP
Office [Office ofFirst Filing (OFF)/ASPEC

Patent Cooperation CS&E with Vietwith Cambodia and Nam
Laos
Relieson
S&E Relies on a granted The
CS&E
report(s) from a patent
from application is firstparticipating AMS IP Singapore/
filedineitherOfficeCambodia or Laos Singapore or Viet
Nam
Page 92 of 181

PPH

ASPEC

Patent Cooperation CS&E with Vietwith Cambodia and Nam
Laos(IPOS acts as the S&E
authority); or

Office of Earlier
Examination (OEE)]

Relies on final SG
S&E results
Expedited
Examinationof
PPH applications(typical PPH)
• Advanced
out-of-turn

Expedited S&E work
as an IP Office canrefer to the S&E
work of anotherparticipating AMS IP
Office• Advanced outof-turn
until
grant

Expeditedregistrationofpatent in Cambodia
or Laos based on SG
patent/final
S&E
results

Expedited first officeaction, within 10
months from thedate of receipt of
the CS&E request

PPH request isrequired to be filed
at a specific point
in timeASPEC request canbe filed at any time
before the final
decision of grant orrefusalRe-registration
request at Cambodia
or Laos can be filed
anytime, subject tocertain conditions

CS&E request isrequired to be filed
at a specific point intime

Sharing of final SG
S&E results with
Cambodia or Laoscan be done anytime

7.6 SG IP Fast Track
7.6.1

The SG IP FAST Track (“SG IP FAST”) is a pilot acceleration programme which
supports applicants who may need to speed up the patent grant process in
Singapore. SG IP FAST is available to patent applications filed for inventions
across all technological sectors.

7.6.2

Previously known as the SG Patent Fast Track programme, the programme
has been expanded on 1 Sep 2020 to include the acceleration of trademark
and registered design applications. Applicants with a patent application
accelerated under SG IP FAST can request acceleration of related trademark
and registered design applications within 12 months from the date on
which the applicant is notified of the successful request for patentacceleration. This will better support innovators and enterprises as theybuild and manage their IP portfolio and commercialise their creations.

Page 93 of 181

7.6.3To qualify for patent acceleration under SG IP Fast Track, the following
criteria have to be met:a. Application must be first filed in Singapore i.e., no priority claim;b. Patents Form 1 (Request for Grant of Patent), prescribed fee andcomplete patent specification is filed;c. Patents Form 11 (Request for Search and Examination Report) andprescribed fee is filed on the same day as Patents Form 1;
d. Request for acceleration under SG IP FAST indicated on Patents Form
11;e. Application must contain 20 or fewer claims;
f. Applicant needs to respond within 2 weeks from the date of receipt ofFormalities Examination Adverse report (if issued);f. Applicant needs to respond within 2 months from date of receipt of
written opinion (if issued);g. Reason(s) for requesting acceleration and the technology field to which
the invention relates has to be furnished on Patents Form 11; andh. The request is within the cap on the number of requests that is imposed
for the programme.

7.6.4

For more details on SG IP Fast, refer to Acceleration Programmes on the
IPOS website.

Page 94 of 181

8.1 Grant of Patent
8.1.1

The grant of a patent completes the patent application process and grants
the applicant the rights to prevent others from making, using, importing or
selling the invention without his permission.

Section 30
Rule 47

8.1.2

For applications lodged on or after 14 Feb 2014, the Registrar will issue a
Notice of Eligibility to proceed to grant if there are no unresolved objectionsin the search and examination, examination, supplementary examination or
examination review report.

Section 29A(1),29B(5)

8.1.3

The applicant may proceed to request issuance of certificate of patent within
2 months from the date of notification. Otherwise, the application will beabandoned.

Section 29A(2),29B(6) &Rule 47(1),(2)8.1.4

To request for the grant of a patent, the applicant may file Patents Form 14
together with a clean copy of the consolidated specification including
drawings (if any) incorporating any amendment or correction or missing part.
For PCT national phase entry applications where the specification has been
amended with the amendments annexed to the International Preliminary
Examination Report (IPER) and these amendments have NOT been
incorporated in the specification of the application, the applicant is required
to furnish a copy of the consolidated specification incorporating allamendments at the time of filing Patents Form 14.

Rule 47(3),(4)8.1.5

Excess claims fees would be charged if –a. Number of claims at grant > number of claims at search and/or
examination request (Patents Form 11/ 12); andb. Number of claims at grant > 20 claims.

8.1.6

If the excess claims fees have been paid during the search and/or
examination report request (Patents Form 11/12) (refer to Chapter 6.1.15),
there will be no excess claim fees at grant if there are no additional excess
claims added.

Page 95 of 181

Example 1:
No. of claims when filing Patents Form 1

25

No. of claims after Patents Form 13 amendments

23

No. of claims when filing Patents Form 11

23

No. of excess claims when filing Patents Form 11

23 – 20 = 3

Excess claim fee when filing Patents Form 11

Prevailing fee x 3

No. of claims when filing Patents Form 14

23

No. of excess claims when filing Patents Form 14

0

Excess claim fee when filing Patents Form 14$0

Example 2:
No. of claims when filing Patents Form 1

25

No. of claims after Patents Form 13 amendments

20

No. of claims when filing Patents Form 12

20

No. of excess claims when filing Patents Form 12

0

Excess claim fee when filing Patents Form 12$0

No. of claims when filing Patents Form 14

26

No. of excess claims when filing Patents Form 14

26 - 20 = 6

Excess claim fee when filing Patents Form 14

Prevailing fee x 6

Example 3:

8.1.7

No. of claims when filing Patents Form 1

22

No. of claims when filing Patents Form 11

22

No. of excess claims when filing Patents Form 11

22 – 20 = 2

Excess claim fee when filing Patents Form 11

Prevailing fee x 2

No. of claims when filing Patents Form 14

24

No. of excess claims when filing Patents Form 14

24 - 22 = 2

Excess claim fee when filing Patents Form 14

Prevailing fee x 2

During the patent application process, the title of invention may have been
amended by the applicant or the Patent Examiner. The title of invention
which will be reflected on the Certificate of Grant is as follows –a. For PCT national phase applications proceeding to grant, the Registry
will rely on the title of invention which is published on the PCT Gazetteif there are no amendments made;b. For PCT national phase applications proceeding to grant that are notoriginally filed in English, IPOS will rely on the title of invention which isPage 96 of 181

found on the PCT Gazette as published if there are no amendments
made. If the applicant wishes to retain the translated title of invention
as originally filed, the applicant may write in via eCommunications to
inform or indicate their preference on Patents Form 14;
c. For national applications that are searched and examined by IPOS (i.e.,
via the filing of Patents Form 10 or 11) and are proceeding to grant, thetitle of the invention will follow that which has been approved oramended by the Patent Examiner.
8.1.8

The following examples illustrate the title of invention which will be reflectedon the Certificate of Grant –a. PCT national phase applications filed in English –Example 1:
PCT application (originally filed):
Title of invention = A

PCT Gazette (publication):
Title of Invention = B

PCT application enters national phase in SG:
Title of invention given on cover letter/in consolidated specification = A
The title of invention will follow that which is indicated on the PCT gazette[B]. In the event that the applicant wishes to retain the title of invention as
originally filed, this preference must be clearly indicated on the cover letteraccompanying the Patents Form 14.
Example 2:
PCT application (originally filed):
Title of invention = A

PCT Gazette (publication):
Title of Invention = B

PCT application enters national phase in SG:
Title of invention given on cover letter/in consolidated specification = C

Page 97 of 181

The title of invention will follow that which is indicated on the PCT gazette[B]. In the event that the applicant wishes to change the title of theinvention, the applicant may file Patents Form 13 selecting the option‘Related to Rule 47(6) with the date of filing on or after 14 February 2014’
to amend the title from B to C.

b. PCT (SG) Applications that are not originally filed in English –Example 1:
Translation of the PCT Application (originally filed):
Title of Invention = A

PCT Gazette (publication):
Title of Invention = B

PCT application that enters national phase in SG and subsequently reflects:
Title of Invention given on cover letter/in consolidated specification = A

The title of the invention will follow that which is indicated on the PCTgazette [B]. In the event that the applicant wishes to retain the translated
title of invention as originally filed, this preference must be clearly indicatedon the cover letter accompanying Patents Form 14.
Example 2:
Translation of the PCT Application (originally filed):
Title of Invention = A

PCT Gazette (publication)
Title of Invention = B

PCT application that enters national phase in SG and subsequently reflects:
Title of Invention given on cover letter/in consolidated specification = C

The title of the invention will follow that which is indicated on the PCTgazette [B]. In the event if the applicant wishes to change the translated
title of invention, the applicant may file Patents Form 13 selecting theoption ‘Related to Rule 47(6) with the date of filing on or after 14 February
2014’ to amend the title from B to C.
Page 98 of 181

c. National applications that are searched and examined by the local
Patent Examiners –Example 1:
National application (originally filed):
Title of Invention = A

Amendment by the Patent Examiner:
Title of Invention = B

Applicant subsequently files the following:
Title of Invention given on cover letter/in consolidated specification = A
The title of invention will follow that which is amended by the Patent
Examiner, i.e., [B]. In the event that the applicant wishes to retain the title
of invention as originally filed, this preference must be clearly indicated ona cover letter accompanying Patents Form 14.
Example 2:
National Application (originally filed):
Title of Invention = A

Amendment by Patent Examiner:
Title of Invention = B

Applicant subsequently files the following:
Title of Invention given on cover letter/in consolidated specification = C
The title of invention will follow that which is amended by the Patent
Examiners, i.e., [B]. In the event that the applicant wishes to change the title
of invention of the application, they may file Patents Form 13 to amend thetitle from B to C.

Page 99 of 181

8.1.9Once the request is received, the Formalities officer will review the following
requirements –a. Fee has been paid;b. Date of filing has been accorded;c. Preliminary examination has been cleared;d. National security clearance has been issued, if applicable;
e. The application is not treated as abandoned, withdrawn, refused or
granted;f. Representation details and/or address for service on this form
correspond with that on record. Otherwise, Form CM1 or 2 is filed andapproved;
g. Examination report has been established from request for Search
and/or Examination Report (Patents Form 11/12), Supplementary
Examination Report (Patents Form 12A), or Examination Review Report(Patents Form 12B/13);
h. The Examination report does not contain unresolved objections onlack of unity;

i. Notice of Eligibility has been issued;j. The form is filed within 2 months from the date of issuance of Notice of
Eligibility or extension of time is approved;k. A set of specification incorporating all the amendments, corrections
and missing part ("consolidated specification") is filed if the specification
has been amended, corrected, or had missing part(s); Extension of timeis required if the consolidated specification is filed after the timeline
listed in (j);l. Consolidated specification submitted is in alignment with allamendments, corrections, or missing parts on record;
m. Title of invention on record is the same as the consolidated
specification. The title may differ due to amendments, corrections,translations or changes proposed by the Patent Examiner etc;
n. Number of claims indicated on the form corresponds to the number ofclaims in consolidated specifications.
Page 100 of 181

Rule 47(1),(2)Rule 47(4)8.1.10 If any of the above requirements are not met, the Formalities officer will senda letter to invite the applicant to clarify or rectify within 2 months from thedate of the letter. If the issue has not been rectified by the timeline, areminder will be issued.
a. To rectify errors, the applicant may file Form CM4 and indicate therelevant rule in which the correction is sought (Rules 58 and/or 91). For
more details on correction of error, refer to Chapter 11.8.
i.
Select “Correction of Form lodged” for errors on the form, e.g.,
wrong number of claims indicated on the form;ii.
Select “Correction of Specification of a Patent or of an
Application for a Patent” for errors on the consolidated
specification;iii.
Select “Correction of any other document relating to a Patent oran Application for a Patent” for errors on other documents.
b. If there is overpayment due to additional number of claims indicated on
the form, the Formalities officer will refund the overpayment after theapplicant files Form CM4 to correct the number of claims on the form.
c. If there is underpayment due to insufficient number of claims indicatedon the form, the underpayment will be calculated and paid with Form
CM4.
d. If the title of invention on record is different from the consolidated
specification –i.
Due to variation in translation or changes by the Patent
Examiner, the Formalities officer will clarify with the applicant on
the preferred title and update accordingly;ii.
Due to voluntary changes to the title on record, the applicant canfile Form CM4 correction of specification to correct the title ofinvention to the original title. Voluntary amendments to the title
of invention are not possible;
iii.
Due to error in the consolidated specification, the applicant
should file Form CM4 correction of specification to correct thetitle of invention.
e. To update the representation details and/or address for service (which
is not a correction of error), the applicant may file Form CM1 or CM2
accordingly;
f. To submit clarification letters in response to our letter, the applicant
may reply via eCommunications.
8.1.11 If the objections cannot be overcome or there is no response from theapplicant, the request will be refused and the applicant will be notified via
Page 101 of 181

letter. If the prescribed time period for putting the application in order(Chapter 8.1.9j) has passed, the patent application status will be updated to“Abandoned (EOT possible)” on the register. The refusal will be published in
the Patents Journal.
Issuance of Certificate of Grant
8.1.12 If all the above requirements are met, the Formalities officer will proceed to
update and review the following before issuing the Certificate of Grant –a. Ensure that the information reflected in the certificate of grant is correct
and the presentation is neat (Font: Times New Roman, Font size: min 10).

b. Information such as title, applicant, inventor, priority details etc should
be updated if necessary.
c. In the event that the certificate runs into more than one page, ensurethat the details of the applicant is on the same page as the signature.

8.1.13 With effect from 14 Feb 2014, the Registry of Patents has changed to anelectronic format for the Certificate of Grant. A soft copy of the Certificate of
Grant will be sent to the eCommunications inbox in IPOS Digital Hub system.
8.1.14 Upon issuance of the Certificate of Grant to the applicant, the status of thepatent application will be updated to “Patent in Force”. There will be an entry
made in the register to the effect that the patent has been granted and in thenext Patents Journal. Publication of the notice on the grant of a patent will
be done via Patents Journal A.
8.1.15 Previously, a patent application would be given an application number upon
the filing of the application, and when it is published, it would be given
another number that would be used as the publication number. When thepatent application is granted, the publication number would also be used as
the P-No. To simplify matters, this publication number/P-No. is no longer
being issued or used with effect from 14 Feb 2014. All patent applications
and subsequent patent grants will be referred to by their application
numbers.
8.1.16 With effect from 1 Nov 2009, where a Certificate of Grant of Patent is sent to
the proprietor, the Certificate will not be accompanied by the patent
specification as granted. A copy of the granted patent specification can be
downloaded from IPOS Digital Hub. Certificates of Grant of patent issued on
31 Jan 2010 onwards will in addition, bear the Singapore National Coat ofArms (State Crest).
Page 102 of 181

Section 35

Regeneration of Certificate
8.1.17 If there is an error in the certificate, the applicant may request forregeneration of certificate via eCommunications. The Formalities officer willassess the request and regenerate the certificate if there is an error on ourpart. The regenerated certificate will be sent to the applicant via
eCommunications.
8.1.18 If there are changes/corrections filed after the Certificate of Grant is issued,
the applicant may file Form CM12 to request for a revised copy of Certificateof Grant. There should be a note on the form to highlight that it is a request
for revised Certificate of Grant.

Page 103 of 181

9.1 Patent Renewal

Section 36
Rule 51

9.1.1

The term of a patent is 20 years from the date of filing of the patentapplication or, in the event that a patent term extension is granted, up to theend of the extended term, subject to the payment of annual renewal fees.
For more information on patent term extension, please refer to Chapter 9.2
below.

9.1.2

The proprietor is required to renew the patent annually, starting from thefourth anniversary. This allows the proprietor to review and determine
whether it is of commercial interest to maintain the patent. The patent will
lapse if the renewal fee is not paid within the prescribed period. This allows
public access to the invention disclosed in the patent.

9.1.3

The patent may be renewed using Patents Form 15. If the patent has beenendorsed with License as of Right (LOR), the patent can also be renewed with
Patents Form 15, with renewal fees halved. Bearing in mind that once arequest to cancel the LOR is approved, the balance of the previously halved
renewal fees will have to be paid to the Registry. For more information on
licence of right, please refer to Chapter 11.5.

9.1.4

For patent renewals done via IPOS Digital Hub, the Acknowledgement Advice
that is generated at the end of the online transaction will be taken to be theNotification of Renewal for the renewing period. An online renewaltransaction will be considered successful when the required fees are
successfully deducted. In the event that the deduction is not successful, theuser will be notified immediately of the matter. The Acknowledgement
Advice will then be taken to be void.

9.1.5

Anyone can renew a patent. It is not necessary for the authorised agent tolodge a separate declaration of authorisation in Form CM1.

Rule 90(4)Rule 51(1)9.1.6

A patent can be renewed 3 months before the renewal due date. If a patent
is not renewed by the renewal due date, it may be renewed within 6 months
with additional late payment fees. The status of the patent will be updated
as “Lapsed (late renewal possible)”. If the patent is renewed within 6 months
from the renewal due date with late payment fees, it is treated as if it has
never lapsed.
Page 104 of 181

Section 36(3), Rule
51(3A)

Rule 51(3)Renewal due date:
15 Jun 2017

3 months

6 months – late payment incurred

Renewal startdate/Pre-renewal
reminder:15 Mar 2017

Renewal end date/
Patent lapsed:
15 Dec 2017

First Renewal
9.1.7

The first renewal of a granted patent is due on the 4th anniversary from thedate of filing of the patent. This renewal is intended to maintain the patentin force for the upcoming year, i.e., the 5th year. For example,
Date of filing

1 Jun 2013th

5 year renewal due date
9.1.8

1 Jun 2017

In the event that patent was granted after 45 months from date of filing, thefirst renewal will only be payable within 3 months from the date of grant. For
example,Date of filing45th month
Grant Date
5th year renewal due date

Rule 51(2)1 Jun 2013
1 Mar 2017
1 Apr 2017
1 Jul 2017

Subsequent Renewal
9.1.9

Subsequent renewal will be due on the anniversary of the date of filing. Using
the examples listed above, the renewal for the 6th year will be due on 1 Jun
2018.

9.1.10 If patent term extension is granted after the expiry of the term of patent, theproprietor would have 3 months from the date of certificate of the patentterm extension to renew the patent for the upcoming year. For example,
Date of filing
Patent term expiry date
Patent term extension grant date
21st year renewal due date

1 Jun 2013
1 Jun 2033
1 Jul 2033
(After 20th year expiry date)
1 Oct 2033
(1 Jul 2033 + 3 months)

Page 105 of 181

Rule 51(2A)

9.1.11In the event that the patent term extension is granted before the expiry of
the term of patent but there is less than 3 months available for the proprietor
to renew the patent without additional fees, the Registry would provide the
proprietor sufficient time, i.e., 3 months to renew the patent. For example,
Date of filing
Patent term expiry date
Patent term extension grant date
21st year renewal due date
21st year renewal with extension

9.1.12

1 Jun 2013
1 Jun 2033
1 May 2033
(Before 20th year expiry date)
1 Jun 2033
1 Aug 2033
(1 May 2033 + 3 months)

Once the renewal request is received, the system will perform the following
checks –a. Renewal fee has been paid;b. The application has proceeded to grant;c. The patent status is in force or lapsed (late renewal possible);d. The form is filed within 3 months before the renewal due date orwithin 6 months after the renewal due date;e. Renewal fee and any additional fee are correct. For patent endorsedwith licence as of right, the renewal fee is halved;

f. The patent has not been renewed for the same year;
g. If renewal is for 21st year or above, patent term extension has been
approved.

9.1.13

If application satisfies the above criteria, the patent will be automaticallyrenewed by the system. The patent renewal will be entered as an event in
the register, and in the next Patents Journal. If the patent status is “Lapsed(late renewal possible)”, the patent status will be updated to “In Force”.

9.1.14

If any of the above requirements are not met for the system to approve
Patents Form 15/53 automatically, the Formalities officer will send a letter toinvite the applicant to clarify or rectify within 2 months from the date of theletter. If the issue has not been rectified by the timeline, a reminder will be
issued.

Page 106 of 181

a.

To rectify errors, the applicant may file Form CM4 and indicate therelevant rule in which the correction is sought (Rules 58 and/or 91). For
more details on correction of error, refer to Chapter 11.8.
i.
Select “Correction of Form lodged” for errors on the form, e.g.,correction of the year of renewal and/or number of months oflate fees sought. If there is overpayment due to miscalculationof the renewal fees payable, the overpayment would berefunded to the applicant if Form CM4 is filed to correct theerror.

b.

To update the representation details and/or address for service (which
is not a correction of error), the applicant may file Form CM1 or CM2
accordingly.
To submit clarification letters in response to our letter, the applicant
may reply via eCommunications.

c.

9.1.15

If the patent is not due for renewal or has already been renewed, theFormalities officer will refuse the renewal. Upon refusal, a refund request will
be initiated.

9.1.16

If the patent has lapsed due to non-payment of renewal fees, the Formalities
officer will refuse the application and invite the applicant to request for
restoration by filing Patents Form 19 together with a Statutory Declaration.
Upon refusal, a refund request will be initiated.

9.1.17

If there is insufficient payment due to miscalculation of the renewal fees
payable, the Formalities officer will refuse the application and invite theapplicant to put in a new request with the correct fees as soon as possible.
Upon refusal, a refund job will be initiated.

Renewal Reminders
9.1.18The system will automatically issue a notification to renewal agent on recordor the last person who renewed the patent to inform that the window for
renewal is open.

9.1.19This is not intended to be a replacement of the proprietor's tracking system,
but rather as an additional service introduced to assist the proprietor in caseof a breakdown of their own tracking system. The absence of this letter is nota valid reason for the proprietor to miss the renewal and extension will not
be allowed for the payment of renewal fee with no additional fees after theprescribed period.

9.1.20If the renewal payment is overdue, the system will automatically issue asecond notification to the renewal agent on record or the last person who
renewed the patent to inform that the payment is overdue, and thePage 107 of 181

Section 39
Rule 53consequences of non-payment. He will be invited to renew the patent withlate fees. At the same time, the status of the patent will be updated to“Lapsed (late renewal possible)”. In the event that the second renewal
reminder mentioned above was not issued within 1 month from the renewal
due date, the Registry will extend the timeline to allow payment of therenewal fees within 2 months with no additional fees.

Patent Lapsed
9.1.21The system will update the status of the patent to “Lapsed (restoration
possible)” at the end of 6 months following the renewal date. There will bean entry made in the register to the effect that the patent has lapsed and in
the Patents Journal. A notification will be sent to the proprietor or his
authorized agent on record to notify and invite him to request for restoration.

9.1.22At the end of 18 months (for renewal due on or after 14 Feb 14) from therenewal due date, if the patent has not been restored and no restoration
request is pending, the patent status will be updated to “Lapsed”. Pleaserefer to Chapter 9.4 for more information on restoration.

Patent Expiry
9.1.23

The term of patent is 20 years from the date of filing. For example, a patent
with a date of filing of 1 Apr 2001 will have a term of protection up to andinclusive of 31 Mar 2021.

Section 36

9.1.24

It is possible to request for patent term extension under certain
circumstances. Refer to Chapter 9.2 for more information on patent term
extension. In the event that patent term extension is approved, the patent
will only expire at the end of the extended term of protection. Using theexample above, if the patent term is extended by 3 months, the patent will
only expire on 31 Jun 2021.

Section 36A(1)9.1.25Once the patent term is up, system will update the status of the patent to“Expired”. There will be an entry made in the register to the effect that thepatent has expired and in the next Patents Journal. Using the example above,
the patent will be updated as expired at midnight on 1 Apr 2021.

9.1.26The system will not update the status of the patent if there is restoration,patent term extension or surrender request pending. Upon successful patentterm extension or surrender, the patent status will be updated accordingly
and the expiry will not take place. In all other circumstances, the expiry will
only be entered on the register after the request is completed. However, theexpiry would be effective as of the original expiry date.

Page 108 of 181

9.1.27

Similarly, where the term of patent has been extended and it is still possible
to renew the patent, the patent will not be updated as “Expired” until thepatent is renewed or the end of the prescribed period for payment of renewal
fee and any late fees. This is to avoid confusion to the public who would
otherwise see that a patent is renewed after expiry.

9.1.28With effect from 1 Jan 2010, the Registry no longer issues a notice to the
proprietor or his authorised agent on record. This is implemented in response
to feedback from stakeholders that they are not interested to be informed
since the patent has expired.

Unsolicited IP Services
9.1.29 There may be cases of unsolicited mails on Intellectual Property (IP)protection and renewal services being received by IP holders.
9.1.30 They may take the form of an official notification, inviting recipients to makepayment for the registration or renewal of their IP on record. To our
information and belief, these mails could appear to originate from private
business establishments, which are neither related to nor connected withIPOS or WIPO. IP holders are reminded to treat these notifications withcaution if they receive any of such mails from entities other than IPOS, WIPO
or their appointed IP agent.
9.1.31 IP holders may contact IPOS or their IP agents to verify the authenticity of acommunication which they have received. For samples of unsolicited mails,
please refer to a similar notice issued by the WIPO.

9.2 Extension of the Term of Patent

Section 36A
Rule 51A

9.2.1

The term of a patent is 20 years from the date of filing of the patentapplication or, in the event that a patent term extension is granted, up to theend of the extended term, subject to the payment of annual renewal fees.
The patent will lapse if the renewal fee is not paid within the prescribedperiod.

9.2.2

For patents granted for applications with a date of filing on or after 1 Jul 2004,
the proprietor may apply to extend the term of a patent beyond 20 years
from its date of filing by filing Patents Form 54.

Rule 51A

The grounds on which such extensions may be granted on are as follows –Section 36A(1)

9.2.3

a.

There was an unreasonable delay by the Registrar in granting the patent;

Page 109 of 181

b.

Where the patent was granted on the basis of any prescribeddocuments relating to the corresponding application or related national
phase application under a Request for Supplementary Examination
report (Patents Form 12A), that –
i.
ii.

c.

Where the subject of the patent includes any substance which is anactive ingredient of any pharmaceutical product, that –
i.

ii.

9.2.4

there was an unreasonable delay in the issue of the corresponding
patent or related national phase patent (as the case may be); andthe patent office that granted the corresponding patent or related
national phase patent (as the case may be) has extended the termof the corresponding patent or related national phase patent (asthe case may be) on the basis of such delay;

there was an unreasonable curtailment of the opportunity to
exploit the patent caused by the process of obtaining marketing
approval for a pharmaceutical product, being the firstpharmaceutical product to obtain marketing approval which uses
the substance as an active ingredient; andthe term of the patent has not previously been extended on thisground.

The applicant may apply for extension of patent term within the following
time periods –a.

For unreasonable delay by the Registrar in granting the patent,
unreasonable delay in the issuance of the corresponding patent or
related national phase patent, or extension of term of patent for thecorresponding patent or related national phase patent –i.
within 6 months from the date of the grant of the patentb.

For unreasonable curtailment of the opportunity to exploit the patentcaused by the process of obtaining marketing approval for a
pharmaceutical product, being the first pharmaceutical product toobtain marketing approval which uses the substance as an active
ingredient –i.
within 6 months from the date of the grant of the patent, or
the date marketing approval was obtained, whichever is thelater;
ii.
not later than 6 months before the end of the period of 20
years referred to in Section 36(1); andiii.
while the patent is still in force.

Page 110 of 181

Unreasonable Delay by the Registrar in Granting the Patent
9.2.5

A delay by the Registrar in granting a patent shall not be treated as an
unreasonable delay by the Registrar in granting the patent unless –a.

The interval between the date of filing of the application for the patentand the date of issue of the Certificate of Grant, excluding any period
attributable to an act or omission of the applicant, exceeds 4 years; orb.

The interval between the date on which the applicant –i. filed a Request for Search and Examination Report (Patents Form11); orii. filed a Request for Examination Report (Patents Form 12),and the date of issue of the Certificate of Grant, excluding any period
attributable to an act or omission of the applicant, exceeds 2 years.

9.2.6

The period “attributable to an act or omission of the applicant” includes(without prejudice to the generality of the expression) any of the following
periods which is applicable –a. The period taken by the applicant to pay the filing fee for Patents Form
1 under Section 25(1)(b), calculated from the date of filing of theapplication for the patent to the date on which the filing fee is paid;b. The period taken by the applicant to make observations under Section
26(3)(b)(i)which satisfy the Registrar that the documents filed at theRegistry to initiate the application satisfy all of the conditions for date offiling of application to be allocated under Section 26(1)(a), (b) and (c)(i)or (ii), calculated from the date of the Registrar’s notification to theapplicant under Section 26(3)(a) to the date on which the applicant
makes the observations;c. The period taken by the applicant to file the documents related to theearlier relevant application under Section 26(7)(a), (b) and (c), calculated
from the date of filing of the application for a patent to the date on which
the applicant files the documents;
d. The period taken by the applicant to comply with Section 26(9)(b), if theapplicant, after filing at the Registry any missing part of the application,
makes a request to the Registrar for Section 26(8)(b) not to apply to theapplication (i.e., retain original date of filing), calculated from the dateon which the applicant filed at the Registry the missing part of theapplication to the date on which the applicant complies with Section
26(9)(b);Page 111 of 181

Rule 51A(10)e. The period taken by the applicant to make a new application (divisional
application) for a patent under Section 26(11)(a), calculated from thedate of filing of the earlier application for a patent referred to in Section
26(11) to the date on which the new application is made;f.

The period taken by the applicant to file one or more claims under
Section 26(12)(a), calculated from the date of filing of the application forthe patent to the date on which the applicant files the claim or claims;

g. The period taken by the applicant to –i. make observations to comply with the formal requirements during
preliminary examination under Section 28(4)(a); or
ii. Amend his application to comply with all the formal requirements
during preliminary examination under Section 28(4)(a), calculated
from the date of the Registrar’s notification under Section 28(4) tothe date on which the applicant makes the observations or theearliest date on which the application, as amended by the applicant,complies with all the formal requirements.
h. The period taken by the applicant to comply with Section 28(9)(b), if theapplicant, after filing any drawing or part of the description of theinvention which is missing from the application, makes a request to theRegistrar for Section 28(8)(b) not to apply to the application (i.e., retain
original date of filing), calculated from the date of the Registrar’s
notification under Section 28(7) to the date on which the applicant
complies with Section 28(9)(b);i.

The period taken by the applicant to –i. file a request for search report under Section 29(1)(a) and pay theprescribed fee for that report; orii. file a request for search and examination report under Section
29(1)(b) and pay the prescribed fee for that report, calculated fromthe date of the Registrar’s notification under Section 28(11) to thedate on which the applicant files the request and pays the fee.

j.

The period taken by the applicant to file the prescribed documents anda request for examination report under Section 29(1)(c) and pay theprescribed fee for that report, calculated from the date of the Registrar’s
notification under Section 28(11) to the date on which the applicant files
the documents and request and pays the fee;k. The period taken by the applicant to file the prescribed documents anda request for supplementary examination report under Section 29(1)(dand pay the prescribed fee for that report, calculated from the date of
the Registrar’s notification under Section 28(11) to the date on which theapplicant files the documents and request and pays the fee;
Page 112 of 181

l.

The period taken by the applicant to file a request for examination reportunder Section 29(3), calculated from the date of the Registrar’s letter
forwarding a copy of the search report under Section 29(2)(b) to the dateon which the applicant files the request;

Ia. The period taken by the applicant to respond to an invitation to amend,
calculated from the date the invitation is given to the date on which theapplicant responds to the invitation (whether by amending thespecification of the application or by rejecting the invitation), or the last
day of the period prescribed under section 29(7C), whichever is earlier;m. The period taken by the applicant to respond to a written opinion under
Section 29(9)(a), calculated from the date of the Registrar’s letter
forwarding a copy of the written opinion under Section 29(7) or (8) tothe date on which the applicant responds to the written opinion;
n. The period taken by the applicant to amend the specification of theapplication under Section 29(9)(b), calculated from the date of theRegistrar’s letter forwarding a copy of the written opinion under Section
29(7) or (8) to the date on which the applicant makes the amendment;o.

The period taken by the applicant to apply for a review of theexamination report, search and examination report or supplementary
examination report under Section 29A(4)(a), calculated from the date of
the Registrar’s notice under Section 29A(3) to the date on which theapplicant files the request;

p. The period taken by the applicant to amend the specification of theapplication for a request for examination review report under section
29B(2), calculated from the date of the Registrar’s notice under section
29A(3) to the date on which the applicant makes the amendment;
q. The period taken by the applicant to satisfy the conditions for paymentof grant fee under Section 30(a) and (c), calculated from the date of the
Notice of Eligibility to proceed to the grant of a patent under Section
29A(1) or 29B(5)(b)(i) that is received by the applicant to the date on
which the applicant satisfies the conditions under Section 30(a) and (c);r.

Where the application is an international application for a patent(Singapore) that has entered the national phase in Singapore under
section 86(3), the period taken by the applicant to cause the application
to enter the national phase in Singapore, calculated from the date of thefiling of the application in accordance with the Patent Co-operation

Page 113 of 181

Treaty to the date on which the national phase of the application begins
under section 86(3);s. The period taken by the applicant to rectify any failure to comply withany requirement under the Act or these Rules, such period –i. to be calculated from the date by which the applicant is required
to comply with the requirement to the date on which theapplicant rectifies the failure to comply with the requirement;
andii. to include any period taken by the Registrar or the Registry todetect or to notify the applicant of the applicant’s failure tocomply with the requirement.
t.

The period taken by the applicant to respond to any request by theRegistrar for any document, information or evidence, calculated fromthe date of the Registrar’s notification to the applicant of the request to
the date on which the applicant responds to the request;

u. Any extension or alteration of any period to do anything that is grantedby the Registrar or the court at the request or on the application of theapplicant.
Subject of the patent includes any substance which is an active ingredient of any
pharmaceutical product9.2.7

A curtailment of the opportunity to exploit a patent, the subject of which
includes a substance which is an active ingredient of any pharmaceuticalproduct, caused by the process of obtaining marketing approval for a
pharmaceutical product, being the first pharmaceutical product to obtainmarketing approval which uses the substance as an active ingredient, shallnot be treated as an unreasonable curtailment unless –Rule 51A(7)a. The marketing approval was obtained after the date of issue of theCertificate of Grant; andb. The interval between the date the application for marketing approval
was filed and the date marketing approval was obtained, excluding any
period attributable to an act or omission of the applicant for marketing
approval, exceeds 2 years.
9.2.8

The applicant should submit to the Registrar a certificate from the relevant
authority stating –a. The date the application for marketing approval was filed;b. The date marketing approval was obtained; andc. For each period attributable to an act or omission of the applicant formarketing approval, the dates on which the period started and ended.
Page 114 of 181

Rule 51A(9)9.2.9The period “attributable to an act or omission of the applicant” includes(without prejudice to the generality of the expression) any of the following
periods which is applicable –Rule 51A(11)a. The period taken by the applicant for marketing approval to correct
deficiencies in his application for marketing approval, calculated fromthe date of the relevant authority’s notification to the applicant formarketing approval of the deficiencies to the date on which the applicant
for marketing approval corrects the deficiencies;b. The period taken by the applicant for marketing approval to respond to
any request by the relevant authority for clarification or information,
calculated from the date of the relevant authority’s request to the dateon which the relevant authority receives the response of the applicant
for marketing approval; andc. Any extension of any period to do anything that is granted by therelevant authority at the request or on the application of the applicant
for marketing approval.
9.2.10

The Registrar shall extend the term of the patent according to the following
conditions and reasons which the extension was requested upon –Reason for
Extension of
the Term of the
PatentUnreasonable
delay by theRegistrar in
granting thepatent (Section
36A(1)(a))

Period of Unreasonable Delay

Period of Extension

A. The interval between the date The period by which thisof filing of the application for interval exceeds 4 years.
the patent and the date of issueof the Certificate of Grant,
excludinganyperiodattributable to an act oromission of the applicant,exceeds 4 years.
B. The interval between the date The period by which thison which the applicant –interval exceeds 2 years.
i. filed a Request for Searchand Examination Report; orii. filed a Request for
Examination report,
and the date of issue of theCertificate of Grant, excluding
any period attributable to an act
or omission of the applicant,exceeds 2 years.
Page 115 of 181

Rule 51A(6)Reason for
Extension of
the Term of the
PatentPeriod of Unreasonable Delay

Period of Extension

When both A and B are applicable.

By the longer of the following
periods:
i. the period by which theinterval referred to in Part A
exceeds 4 years;

Unreasonablecurtailment of
the opportunity
to exploit thepatent (Section
36(1)(c))

ii. the period by which theinterval referred to in Part B
exceeds 2 years.
By the shortest of thefollowing period:-i. A period equivalent to theinterval between the dateof issue of the Certificateof Grant and the datemarketing approval was
obtained;
ii. The period by which theinterval between the datetheapplicationformarketing approval was
filed and the datemarketing approval was
obtained, excluding any
period attributable to an
act or omission of theapplicant for marketing
approval, exceeds 2 years;iii. A period of 5 years.
Only apply to thesubstance which is theactive ingredient in thepharmaceutical product.

Page 116 of 181

Rule 51A(8)9.2.11 Once the application is received, the Formalities officer will review thefollowing requirements –a. The fee has been paid;b. The Date of filing of the patent is on or after 1 Jul 2004;
c. Patent is still in force;d. Names of the patentees on the form corresponds with the records;
e. Representation details and/or address for service on this form
correspond with that on record. Otherwise, Form CM1 or 2 is filed andapproved;
f. The form is filed within the timelines mentioned in Chapter 9.2.4;

g. The documentary evidence and/or certificate are submitted.

9.2.129.2.13

If any of the above requirements are not met, the Formalities officer will senda letter to invite the applicant to clarify or rectify within 2 months from thedate of the letter. If the issue has not been rectified by the timeline, areminder will be issued.
a.

To rectify errors, the applicant may file Form CM4 and indicate therelevant rule in which the correction is sought (Rules 58 and/or 91). For
more details on correction of error, refer to Chapter 11.8.
i. Select “Correction of Form lodged” for errors on the form, e.g., wrong
option selected on the form;
ii. Select “Correction of any other document relating to a Patent or an
Application for a Patent” for errors on other documents.

b.

To update the representation details and/or address for service (which
is not a correction of error), the applicant may file Form CM1 or CM2
accordingly;c.

To submit clarification letters in response to our letter, the applicant
may reply via eCommunications.

If the objections cannot be overcome or there is no response within the time
period, the Formalities officer will refuse the application and notify the
proprietor. The refusal will be entered as an event in the register.

Page 117 of 181

9.2.14

If the application satisfies all requirements, the Formalities officer willapprove the request for extension of the term of the patent and send theletter of “Certificate of Extension of Patent Term” to the proprietor. The
approval will be entered as an event on the register.

9.3 Amendment after Grant
9.3.1

The proprietor may make voluntary amendments to the specification of apatent after grant, provided that the amendment does not disclose any
additional matter or extend the scope of protection. This gives the applicant
the opportunity to refine his application to overcome newly discovered priorart, without prejudicing the rights of third parties. The amendment will bedeemed always to have had effect from the grant of the patent.

9.3.2

The proprietor may apply to amend the specification (description, claims anddrawings) after grant together with the supporting documents to support thereason(s) for amendments by filing Patents Form 17.

9.3.3

From 1 Apr 2017, both marked-up amendments and clean copies of theamended sheets are required. Applicants should submit and select these
attachments according to the correct document type. Amendments should
be made based on the latest set of specification on record.

9.3.4

From 1 Dec 2019, if amendments have been made to claims, a marked-up
and clean copy of the full set of claims have to be submitted together withthe request. The amendments or corrections should be reflected similarly inboth the clean and marked-up copies. Refer to Chapter 5.1.12 on theaccepted format of the marked-up copy of the amendment.

9.3.5

When making the amendments, sufficient evidence setting out fully thereason(s) for amendments, including the circumstances leading to theamendments and any evidence in support thereof should be submitted. If
there is undue delay in seeking the amendment, the proprietor will be
requested to submit reason(s) for the delay in seeking the amendment.

9.3.6

Post- grant amendments will also be assessed based on the following criteria:
a. Whether relevant matters are sufficiently disclosed;b. Whether there was any unreasonable delay in seeking amendments;
andc. Whether the patentee has gained an unfair advantage obtained bydelaying amendments which are known to be needed.

9.3.7

The above requirements are in alignment with UK post-grant amendment
guidelines and recent Singapore High Court decisions of Ship’s Equipment
Centre Bremen GmbH v Fuji Trading (Singapore) Pty Ltd & Ors [2015] SGHC
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Section 38
Rule 52

Rule 52(1)159, and Warner-Lambert Company LLC v Novartis (Singapore) Pte Ltd [2016]
SGHC 106.
9.3.8

Once the request is received, the Formalities officer will review the following
requirements –a. Fee has been paid;b. The patent is granted. Otherwise, Patents Form 13 should be used;c. The patent is in force. If the patent is lapsed, the applicant can renew
with late fees or request for restoration if he is still within the allowable
time to do so;d. Representation details and/or address for service on this form
correspond with that on record. Otherwise, Form CM1 or 2 is filed andapproved;
e. There are no pending proceedings before the Court or the Registrar inwhich the validity of the patent may be put in issue. If there are pending
proceedings, the amendments should be considered together with theproceedings;
f. Reason for amendments is submitted.

9.3.9

If any of the above requirements are not met, the Formalities officer will senda letter to invite the applicant to clarify or rectify within 2 months from thedate of the letter. If the issue has not been rectified by the timeline, areminder will be issued.
a.

To rectify errors, the applicant may file Form and indicate the relevant
rule in which the correction is sought (Rules 58 and/or 91). For moredetails on correction of error, refer to Chapter 11.8.
i. Select “Correction of Form lodged” for errors on the form, e.g., Erroron the reason for making the amendment, or number of pages ofamendments made;ii. Select “Correction of Specification of a Patent or of an Application for
a Patent” for errors on the amended specification;iii. Select “Correction of any other document relating to a Patent or an
Application for a Patent” for errors on other documents, e.g.,
supporting documents submitted to support the reasons for making
the amendments.
Page 119 of 181

b.

c.

To update the representation details and/or address for service (which
is not a correction of error), the applicant may file Form CM1 or CM2
accordingly.
To submit clarification letters or documents in response to our letter,
the applicant may reply via eCommunications.

9.3.10If all requirements are met, the Formalities officer will forward the request
to the Patent Examiner for review. The proprietor will be notified via letter.

9.3.11

If the Patent Examiner requires additional supporting documents orclarification regarding the amendments, the Formalities officer will send the
Patent Examiner’s comments to the proprietor. The proprietor will be invited
to clarify within 2 months from the date of the letter. If the issue has not been
rectified by the timeline, a reminder will be issued.

9.3.12

If there is no response from the proprietor, the request will be refused. If the
proprietor responds within the above timelines, the response will be
forwarded to the Patent Examiner for review.

9.3.13

If the Patent Examiner has objections on the proposed amendments, theFormalities officer will issue Notification of Intention to Refuse to the
proprietor. Within 1 month from the date of Notification of Intention toRefuse, the applicant may request to be heard in the matter by filing Form
HC4.

9.3.14

If the Patent Examiner has objections on certain parts of the proposed
amendments, the Formalities officer will issue a notification to request theapplicant to submit a revised copy of the amendments which only
incorporates those allowable amendments within 2 months from the date of
the letter. If the issue has not been rectified by the timeline, a reminder will
be issued.

9.3.15

If the Patent Examiner is satisfied that the amendments can be allowed, theFormalities officer will proceed to grant leave to amend the specification. The
amended specification will be published in the Patents Journal for opposition.
The application for amendment of specification after grant will be entered as
an event in the Register.

Opposition
9.3.16

Any person may oppose to the application to amend the specification. The
person may do so by filing a notice of opposition via Patents Form 58 within
2 months from the date of the advertisement. The notice shall beaccompanied by a statement setting out the facts relied upon for opposition
and the relief sought.
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9.3.17

If an opposition is filed, IPOS Hearings and Mediation Department willcommunicate to the Registry on the outcome of the opposition.
a.

b.

If the outcome of the opposition is successful, the Formalities officer will
refuse the application to amend. The refusal will be entered as an entry
in the register.
If the outcome of the opposition is unsuccessful, the Formalities officer
will invite the applicant to file new specification as amended.

New Specification
9.3.18Where the applicant has been invited to file the new specification, theapplicant must submit the document within 2 months from the date of
Notification to file New Specification as Amended via eCommunications. The
new specification should incorporate the approved amendments
accordingly. No new amendment or correction may be introduced in the new
specification, unless it is to correct formalities, such as page number.

9.3.19If the new specification is not in order, the Formalities officer will send a letterto invite the applicant to clarify or rectify within 2 months from the date of
the letter. If the issue has not been rectified by the timeline, a reminder will
be issued.

9.3.20To rectify errors, the applicant may file Form CM4 and select the following
correction type accordingly –a. To rectify errors, the applicant may file Form CM4 and indicate therelevant rule in which the correction is sought (Rules 58 and/or 91). For
more details on correction of error, refer to Chapter 11.8.
i.
Select “Correction of Specification of a Patent or of an Application
for a Patent” for errors on the amended specification;b. To update the representation details and/or address for service (which
is not a correction of error), the applicant may file Form CM1 or CM2
accordingly;c. To submit clarification letters or documents in response to our letter,
the applicant may reply via eCommunications.

9.3.21

If the objections cannot be overcome or there is no response from theapplicant, the application to amend will be refused. The refusal is updated as
an event in the register.

9.3.22

When all the requirements are met, the Formalities officer will approve therequest. The approval will be updated as an event in the register and the new
specification will be made available on public search.
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Rule 52(8)9.4 Restoration of Patent

Section 39
Rule 53

9.4.1

A patent will cease to have effect at the end of the prescribed period for thepayment of renewal fee if it is not paid within that period. The status of thepatent will be updated to “Lapsed (“Restoration possible)” once the due dateto pay for renewal fees with late payment fees has expired (i.e., within 6months after the renewal due date).

9.4.2

It is possible to restore the patent within 18 months (for patents lapsed on orafter 14 Feb 2014) if the proprietor is able to demonstrate that the lapse of
the patent was unintentional. Third parties’ rights which can accrue would beprotected.

Rule 53(1)(a)9.4.3

The proprietor may request for Restoration of Patent by filing Patents Form
19 together with a Statutory Declaration. A copy of the sample Statutory
Declaration can be found in the Appendix.

Rule 53(1)(b)9.4.4

For patent that has lapsed on or after 14 Feb 2014, restoration is allowable if
the Registrar is satisfied that the failure to pay the renewal fees within theprescribed period is unintentional. The unintentional test is applied to the
proprietor of the patent or any person entitled to the patent at the time when
renewal fees was payable.

Section 39(5)9.4.5Once the request is received, the Formalities officer will review thefollowing requirements –a. Fee has been paid;b. The patent has lapsed;c. The form is filed within 18 months after the renewal due date;d. Statutory Declaration or affidavit is submitted within 14 days from thedate of receipt of Patents Form 19.

e. The applicant for restoration is either the person who was proprietor of
the patent or any other person entitled to the patent if it had not ceased
to have effect. Where the patent was held jointly by 2 or more persons, it
is possible for the application to be made by one or more of the them;
Page 122 of 181

f. Review the Statutory Declaration and determine whether the lapse of
the patent is unintentional.
9.4.6

If any of the above requirements are not met, the Formalities officer will senda letter to invite the applicant to clarify or rectify within 2 months from thedate of the letter. If the issue has not been rectified by the timeline, areminder will be issued. If the reason(s) stated is not satisfactory or sufficient
to show continuing underlying intention to proceed with the application, theFormalities officer will request for supplementary Statutory Declaration toclarify any doubts.
a.

b.

c.

To rectify errors, the applicant may file Form CM4 and indicate therelevant rule in which the correction is sought (Rules 58 and/or 91). For
more details on correction of error, refer to Chapter 11.8.
i. Select “Correction of Form lodged” for errors on the form, e.g., wrong
option selected on the form;
ii. Select “Correction of any other document relating to a Patent or an
Application for a Patent” for errors on other documents.
To update the representation details and/or address for service (which
is not a correction of error), the applicant may file Form CM1 or CM2
accordingly.
To submit clarification letters, supplementary Statutory Declaration andany evidence in response to our letter, the applicant may reply via
eCommunications.

9.4.7

If the formal objections cannot be overcome or there is no response within
the time period, the Formalities officer will refuse the request. If the period
for restoration has passed, the status of the patent will be updated to“Lapsed”. If it is still possible to request for restoration, the status will be
updated to “Lapsed (restoration possible)”.

9.4.8

If all formal requirements are met, the Formalities officer will acknowledge
and advertise the application. The advertisement will be entered as an eventin theregister and published in the next Patents Journal. The patent statuswill be updated to “Lapsed (restoration pending)”. The advertisement
constitutes the notice required by Section 39(4) and concludes the period
referred to Section 39(10) where a person who began in good faith to do an
act which would have constituted an infringement of the patent, cancontinue to do so.

9.4.9

If the Formalities officer is satisfied that the application can be allowed, theproprietor will be notified to pay the additional fee for restoration and all
unpaid renewal fee within 2 months from date of notification.

Page 123 of 181

9.4.10

If the Formalities officer is still not satisfied that the lapse of patent isunintentional, a Notice of Intention to Refuse will be issued. Within 1 monthfrom the date of Notification of Intention to Refuse, the proprietor may
request to be heard in the matter. This may be done by filing Form HC4.

9.4.11

If the outcome of the hearing is to refuse the request for restoration ofpatent, the applicant will be notified. The status of the application will remainunchanged.

9.5 Payment of Additional Fee and Renewal Fee for
Restoration of Patent
9.5.1

9.5.2

The proprietor may proceed to make the payment of additional fee andrenewal fee for Restoration of Patent by filing Patents Form 20 within 2months from date of the Registrar’s notification.
Once the request is received, the system will review the following
requirements –a. Patents Form 20 is filed within 2 months from the date of notification;b. The number of year of unpaid renewal fee is correctly indicated and
paid.
9.5.3

If all requirements are met, the system will automatically issue a letter toinform the proprietor that the patent is restored. The restoration will beentered as an event in the register and published in the next Patents Journal.
The patent status will be updated to “Patent in Force”.

9.5.4

If the Patents Form 20 request does not fulfil the requirements forrestoration of patent to be automatically completed, the Formalities officer
will send a letter to invite the applicant to clarify or rectify within 2 months
from the date of the letter. If the issue has not been rectified by the timeline,
a reminder will be issued.
a.

To rectify errors, the applicant may file Form CM4 and indicate therelevant rule in which the correction is sought (Rules 58 and/or 91). For
more details on correction of error, refer to Chapter 11.8.
i. Select “Correction of Form lodged” for errors on the form, e.g., wrong
option selected on the form;
ii. Select “Correction of any other document relating to a Patent or an
Application for a Patent” for errors on other documents.

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Rule 53(4)

b.

c.

To update the representation details and/or address for service (which
is not a correction of error), the applicant may file Form CM1 or CM2
accordingly;
To submit clarification letters, supplementary Statutory Declaration andany evidence in response to our letter, the applicant may reply via
eCommunications.

9.5.5

If the objections cannot be overcome or there is no response within the time
period, the request will be refused. If the period for payment of additional
fee has passed and the period for restoration has also passed, the status of
the patent will be updated to “Lapsed”. If the period for payment ofadditional fee has passed but it is still possible to request for restoration, thestatus will be updated to “Lapsed (restoration possible)”.

9.5.6

If the application is in order, the Formalities officer will proceed to approve
the restoration and notify the proprietor via letter. There will be an entry
made in the register to the effect that the request has been approved andpublished in next Patents Journal. The status will be updated to “Patent inForce”.

Non-Payment of Additional Fees for Restoration and Any Unpaid Renewal Fees
9.5.7

In the event that payment is not received within 2 months from the date ofRegistrar's notification, Registrar will issue a reminder letter.

9.5.8

If the applicant wishes to pursue the restoration, he may still proceed to file
Patents Form 20 together with a request for extension of time. The applicant
may request for multiple extension of time up to 6 months from the original
timeline. Any request for extension of time should be made on Patents Form
45 before the end of 6 months from expiry of the original timeline. It is also
possible to request for extension beyond the 6 months, but the applicant
must satisfy the Registrar that he has continuing underlying intention toproceed with the application before the extension of time is allowed.

9.5.9

Otherwise, the system will proceed to refuse the request for restoration ofpatent. There will be an entry made in the register to the effect that therequest has been refused. If both the period for payment of additional fee
and the period to request for restoration have passed, the status of thepatent will be updated to “Lapsed”. If the period for payment of additional
fee has passed, but it is still possible to request for restoration, the status will
be updated to “Lapsed (restoration possible)”.

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9.6 Re-examination After Grant
9.6.1

Re-examination after grant is a process in which a request can be made to reexamine a granted patent. Any person may request for a patent to be reexamined. The re-examination option allows patents that should not havebeen granted be revoked.

9.6.2

It also allows patentees to evaluate and strengthen their patent throughamendments which will be subject to an examination process. The grounds
for re-examination are generally limited to requirements which areconsidered during examination. If the Registrar finds that an alleged ground ismade out and not resolved by the patentee, the patent may be revoked.

9.6.3

The request for re-examination of the specification of a patent under section
38A may be filed any time after the grant of the patent, and only if there areno other proceedings pending before the court or the Registrar in which thevalidity of the patent may be put in issue.

9.6.4

A request for re-examination should be filed via Patents Form 36, selecting
the option “Request for re-examination after grant” together with theprescribed fee. The request should state the reasons to substantiate theground and any document that the person considers to be relevant for the
purposes of the re-examination. The patentee will be notified if there is arequest for re-examination.

9.6.5

The grounds for requesting a re-examination after grant are as follows –a. The invention is not a patentable invention;b. The specification does not disclose the invention clearly and completely
for it to be performed by a person skilled in the art;c. The matter disclosed in the specification extends beyond that disclosed
in the application for the patent, as filed; or where the patent was
granted on a new application filed;d. An amendment has been made to the specification of the patent which
results in the specification disclosing any additional matter or extends theprotection conferred by the patent;e. An amendment has been made to the specification of the application forthe patent which results in the specification disclosing any matterextending beyond that disclosed in the application as filed;f. A correction has been made to the specification of the patent or of theapplication for the patent which should not have been allowed;
g. The patent is one of 2 or more patents for the same invention having thesame priority date and filed by the same party or the party’s successor intitle.

9.6.6

Once the request is received, the Formalities officer will review the following
requirements –Page 126 of 181

Section 38A

Section 38A(5)Rule 52A(1)Section 38A(1)a. Fee has been paid;b. The patent must be granted;

c. Statement identifying each ground on which the request is made andexplaining how that ground or grounds is or are satisfied;d. Where any document filed is in a language other than English, anEnglish translation the English translation and the Verification of English
translation (VET) of the whole or any part of that document may berequested;e. Patent is not pending before the court or the Registrar any proceedings
in which the validity of the patent may be put in issue;f. The request is not frivolous, vexatious or an abuse of the process.

9.6.7

If any of the above requirements are not met, the Formalities officer will senda letter to invite the applicant to clarify or rectify within 2 months from thedate of the letter. If the issue has not been rectified by the timeline, areminder will be issued.
a.

b.

c.

To rectify errors, the applicant may file Form CM4 and indicate therelevant rule in which the correction is sought (Rules 58 and/or 91). For
more details on correction of error, refer to Chapter 11.8.
i.
Select “Correction of Form lodged” for errors on the form,e.g., wrong option selected on the form;ii.
Select “Correction of any other document relating to a
Patent or an Application for a Patent” for errors on otherdocuments.
To update the representation details and/or address for service (which
is not a correction of error), the applicant may file Form CM1 or CM2
accordingly.
To submit clarification letters, supplementary Statutory Declaration
and any evidence in response to our letter, the applicant may reply via
eCommunications.

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9.6.8

If the above objections cannot be overcome or there is no response within thetime period, the request cannot proceed and the applicant will be notified via
letter.

9.6.9

When the request fulfils the requirements and the Registrar grants therequest, the request will be forwarded to the Patent Examiner to conduct there-examination. The applicant will be notified via letter.

Rule 52A(4)Issuance of Written Opinion, Re-examination Report and Interview with the Patent
Examiner
9.6.10 Upon completion of the re-examination, the Patent Examiner will prepare andforward a copy of the re-examination report to the Registry.
9.6.11 If it appears to the Patent Examiner during the re-examination of thespecification of the patent that the ground specified in the request or basedon any document submitted, any other ground mentioned is made out, thePatent Examiner will issue a Written Opinion. If the Patent Examiner finds thepatent valid nonetheless, no further action from the proprietor of the patent
will be needed.
9.6.12 The proprietor of the patent may, within 2 months after the date on which
the Registrar sends the proprietor a copy of the Patent Examiner’s written
opinion, request an interview with the Patent Examiner, and the Registrar
must grant such a request. The Registrar may, in any particular case, grant arequest for an interview with the Patent Examiner that is made after thisperiod.
9.6.13 A response to written opinion must be submitted with Patents Form 13A. Any
response that is not submitted within the 3 months from the date of issuanceof the written opinion to the applicant and/or submitted without the form will
be disregarded.

Rule 52A(5)Rule 52A(7)9.6.14 The response should contain written submissions on the Patent Examiner’s
written opinion, or an application to amend the specification of the patent.
The amendment should be indicated by striking through any text, figure orother matter to be replaced or deleted, and underlining any replacement text,
figure or other matter. If the proprietor wishes to make written submissions
and apply to amend the specification of the patent, the proprietor must doboth at the same time.
9.6.15 If the proprietor of the patent fails to respond to the written opinion within
the prescribed period, the written opinion is treated as the re-examination
report.
9.6.16 If the Patent Examiner is of the opinion that the proposed amendment would
resolve any objection mentioned in the written opinion, he must state so in
the re-examination report and specify in the report the objection that would
be so resolved. The Registrar may direct the proprietor of the patent to filewith the Registrar, within the time specified by the Registrar, a specification
Page 128 of 181

Rules
(11)
Rule52A(10),52A(9)(b)

incorporating the amendment.
9.6.17 Where the re-examination report issued contains one or more unresolved
objections (being an objection mentioned in the written opinion), theRegistrar must make an order revoking the patent. The order may be –a. an order for the unconditional revocation of the patent; orb. where one of the grounds has been established, but only so as to invalidate
the patent to a limited extent, an order that the patent should be revoked
unless within a specified time the specification is amended to thesatisfaction of the Registrar.
9.6.18 A decision of the Registrar to revoke a patent has effect from the date of the
grant of the patent.
9.6.19 The request for re-examination, written opinion and re-examination reportwill be made available on the Patents Open Dossier.
9.6.20 For more information on re-examination after grant, please refer to the
Examination Guidelines for Patent Applications.

Page 129 of 181

10.1 Extension of Time or Period

Section 110
Rule 10810.1.1 A time period may be prescribed in the Rules or specified by the Registrar
under these rules for doing certain acts. This is to provide certainty to the
public on the status of the application. If the applicant/proprietor is unable
to comply with the given time period, it may result in abandonment or refusalof the patent application.
10.1.2 However, it may be possible to request for an extension of time to comply
with some time periods under certain conditions. This ensures that theapplicant’s rights are reasonably protected.
10.1.3 The applicant/proprietor may request for extension of time or period by filing
Patents Form 45. The following table illustrates the rules which may be
extended –Extensionof TimePatents Rules
Rule 8(1), 9(1), (2) and (3), 9A(1) and (2)(a), 19(2), 26(5), 26A(1)and (5)(a), 28(a), (b), (c) and (d), 29(4), 34(2), 46(4), (4A) and(5)(c), 46AA, 49, 51(1), (2),(2A) and (3A), 51A(1) and (2), 52(2),53(1), 58A(3), 73(1), 74(1), 75, 85(1), 86(3A), 88(8)(a), 88A(11),91(5) and paragraph 4(2) of the Fourth Schedule;

Cannot beextended

Rule 108(2)Rule 26(3) (except so far as it relates to the filing of the
documents prescribed under Rule 26(4)(a) and (b));
Rule 26A(4) (except so far as it relates to the furnishing of theinformation prescribed under Rule 26A(6)(b) and the filing of
the documents prescribed under Rule 26A(7)); or
Rule 34(5) (except so far as it relates to the furnishing of theinformation prescribed under Rule 34(7)(b) and the filing of the
documents prescribed under Rule 34(8))

May beextended up
to 6 months

Rule 8(2), 9A(5), 9B(1) or (4), 9C(1), 17(3), 28(e) or (g), 45(2),46A(2) or (5), 51A(3), 53(4), 67, 68, 84(1), 86(4)(b), 88(1) or
112(4) or (5)(b) or paragraph 1(3) of the Fourth Schedule;

Page 130 of 181

Rule 108(3)Extensionof TimePatents Rules
Rule 26A(4) (so far as it relates to the furnishing of theinformation prescribed under Rule 26A(6)(b) and the filing of
the documents prescribed under Rule 26A(7)); or
Rule 34(5) (so far as it relates to the furnishing of theinformation prescribed under Rule 34(7)(b) and the filing of the
documents prescribed under Rule 34(8))

May beextended up
to 18
monthsRule 18(1), 19(11), 26(2), 28(f), 34(1A), 38, 42(3), 43, 47(1), (2)or 86(1), (6), (8) or (8A); or
Rule 26(3) (so far as it relates to the filing of the documents
prescribed under R26(4)(a) and (b))
An extension of time may be requested for any time or period
prescribed by the Patents Rules for doing any act or taking any
proceedings, and any time or period specified by the Registrar
under the Patents Rules.

OthersRule 108(4)It may be submitted as a written request by a party no later
than 6 months after the first expiry of the time or period via
eCommunications. The Registrar will review the explanations
and supporting documents (if any) to determine if theextension of time is allowable.
This is not applicable for Patents Rules mentioned in Rules
108(2), (3), (4) and 108A.

10.1.4 For extension of time under Rule 108(3) or (4), the applicant may request for
multiple extension of time up to 6 or 18 months, depending on the requested
rule. The form must be filed before the end of 6 or 18 months from theoriginal due date.
10.1.5 The time periods listed in Rules 108(3) and (4) may be further extended byfiling Patents Form 45. A single request may be made for the further
extension of more than one time or period in the same proceedings if theextensions are to be made to a common date. The following filing
requirements must also be met –Page 131 of 181

Rule 108(1)a. The request for further extension must be filed no later than 6/18 months
after the first expiry of the time or period for Rules listed in Chapter 10.1.3;

b. Time period has already been extended for 6/18 months, depending on the
Patent Rule(s) for which the extension is sought;c. Statutory Declaration, or an affidavit, setting out the grounds for the request is
submitted. The delay giving rise to the request for extension of time or period
should be unintentional. The Formalities officer should be satisfied that theapplicant has continuing underlying intention to proceed with the application.

Rule 108(3):Extension of time for Rule 45(2) – once:

Original due date:
15 Jun 2020

Extension filed:
12 Dec 2020

Max. period ofextension (6 months):
15 Dec 2020

Extension filed:
1 Nov 2020

Max. period ofextension (6 months):
15 Dec 2020

Extension of time for Rule 45(2) – multiple times:

Original due date:
15 Jun 2020

Extension filed:
10 Aug 2020

Page 132 of 181

Rule 108(4):Extension of time for Rule 38 – once:

Original due date:
15 Jun 2020

Extension filed:
15 Jul 2020

Max. period ofextension (18 months):
15 Dec 2021

Second Extension
filed:
14 Dec 2021

Max. period ofextension (18 months):
15 Dec 2021

Max. period ofextension (18months):15 Dec 2021

Further
Extension filed:
15 Jul 2022

Extension of time for Rule 38 – multiple times:

Original due date:
15 Jun 2020

First Extension
filed:
15 Dec 2020

Rule 108(5):Extension of time for Rule 45(2) – once:

Original due date:
15 Jun 2020

Extension
filed:
15 Jul 2021

Extension of time for Rule 45(2) – multiple times:

Original due
date:
15 Jun 2020

First
Extension
filed:
15 Dec2020

SecondExtension
filed:
14 Dec2021

Max. periodof extension(18 months):
15 Dec 2021

Page 133 of 181

Further
extension filed:
20 Sep 2022

Extension of Time (EOT) under Rule 108(3)/(4)10.1.6

Once a request for extension of time (EOT) under Rule 108(3)/(4) (For patentapplications lodged on or after 14 Feb 2014) is received, the system will
review the following requirements –a. Only one rule is selected for extension;b. The form is filed within 6 or 18 months (depending on the Patent Rulefor which extension is sought) from the original due date;c. The total period of extension does not exceed 6 or 18 months;
d. For extension of time for pre-grant rules, the patent should not be
granted;e. The application is not withdrawn;
f. Representation details and/or address for service on this form
correspond with that on record. Otherwise, Form CM1 or 2 is filed andapproved.

10.1.7

If the request satisfies the above criteria for the system to approveautomatically, the time period specified will be extended. There will be an
entry made in the register to the effect that the request has been approved.
a. If the patent status is “Abandoned (EOT possible)” or “Refused (EOT
possible)” due to that particular time period, the status will be updated
to “Pending (not published)” or “Pending (published)” depending onwhether publication under Section 27 has taken place.
b. If the patent status is “Abandoned (EOT possible)” or “Refused (EOT
possible) due to another time period which has not been met, the statuswill remain unchanged.

10.1.8

If the request does not satisfy the above criteria for it to be approved
automatically, the Formalities officer will review the above requirements
manually.

10.1.9If any of the above requirements are not met, the Formalities officer will senda letter to invite the applicant to clarify or rectify within 2 months from thedate of the letter. If the issue has not been rectified by the timeline, areminder will be issued.

Page 134 of 181

a.

To rectify errors, the applicant may file Form CM4 and indicate therelevant rule in which the correction is sought (Rules 58 and/or 91). For
more details on correction of error, refer to Chapter 11.8.
i. Select “Correction of Form lodged” for errors on the form, e.g., wrong
option selected on the form;
ii. Select “Correction of any other document relating to a Patent or an
Application for a Patent” for errors on other documents.

b.

To update the representation details and/or address for service (which
is not a correction of error), the applicant may file Form CM1 or CM2
accordingly.
To submit clarification letters or supporting documents in response to
our letter, the applicant may reply via eCommunications.

c.

10.1.10 If the objections cannot be overcome or there is no response within the time
period, the Formalities officer will refuse the request. The status of theapplication will remain unchanged.
10.1.11 If the request satisfies the requirements, the Formalities officer will approve
the request for extension. There will be an entry made in the register to theeffect that the request has been approved.
a.

If the patent status is “Abandoned (EOT possible)” or “Refused (EOT
possible)” due to that particular time period, the status will be updated
to “Pending (not published)” or “Pending (published)” depending onwhether publication under Section 27 has taken place.

b.

If the patent status is “Abandoned (EOT possible)” or “Refused (EOT
possible)” due to another time period which has not been met, thestatus will remain unchanged.

Extension of Time (EOT) under Rule 108(5)10.1.12 Once a request for extension of time (EOT) as of right under Rule 108(5)(Patents Form 45 – For patent applications lodged after on or after 14 Feb
2014) is received, the Formalities officer will review the following
requirements –Page 135 of 181

a. Fee has been paid;b. For extension of time for pre-grant rules, the patent should not be granted;

c. Representation details and/or address for service on form correspond withthat on record. Otherwise, Form CM1 or 2 is filed and approved;

d. Extension as of right has been exhausted for patent applications lodged
before 14 Feb 2014;
e. The form is filed within 6 or 18 months (depending on the Patent Rule forwhich extension is sought) for patent applications lodged on or after 14 Feb
2014;
f. Statutory Declaration or affidavit has been filed and the applicant has
provided supporting reasons to show his continuing underlying intention (“CUI”)
to proceed with the application.

10.1.13 If any of the above requirements are not met, the Formalities officer will senda letter to invite the applicant to clarify or rectify within 2 months from thedate of the letter. If the reason(s) stated is not satisfactory or sufficient toshow continuing underlying intention to proceed with the application, theFormalities officer will request for supplementary Statutory Declaration toclarify any doubts. It is possible to write in to request for an extension of timefor furnishing supplementary Statutory Declaration.
a.

To rectify errors, the applicant may file Form CM4 and indicate therelevant rule in which the correction is sought (Rules 58 and/or 91). For
more details on correction of error, refer to Chapter 11.8.
i. Select “Correction of Form lodged” for errors on the form, e.g., wrong
option selected on the form;
ii. Select “Correction of any other document relating to a Patent or an
Application for a Patent” for errors on other documents.

b.

To update the representation details and/or address for service (which
is not a request for correction of error), the applicant may file Form CM1
or CM2 accordingly.
To submit clarification letters, supplementary Statutory Declaration or
supporting documents in response to our letter, the applicant may reply
via eCommunications.

c.

Page 136 of 181

10.1.14 If the objections cannot be overcome or there is no response within the time
period, the Formalities officer will issue Notification of Intention to Refuse.
The applicant may request for hearing by filing Form HC4 within 1 monthfrom the date of Notification of Intention to Refuse.
10.1.15 If the outcome of the hearing is to refuse the extension of time, the applicant
will be notified. For applications lodged on or after 14 Feb 2014, a refund will
be made for the additional fees paid for the period of extension of timesought. The status of the application will remain unchanged.
10.1.16 If the requirements are met or the outcome of the hearing is positive, theFormalities officer will approve the extension of time for the period specified.
a. If the patent status is “Abandoned (EOT possible)” or “Refused (EOT
possible)” due to that particular time period, the status will be updated
to “Pending (not published)” or “Pending (published)” depending onwhether publication under Section 27 has taken place.
b.

If the patent status is “Abandoned (EOT possible)” or “Refused (EOT
possible)” due to another time period not met, the status will remainunchanged.

10.2 Protection and Compensation of Persons Affected by
Extension of Time10.2.1 A notification of the Registrar’s decision will be published in the Patents
Journal where he has granted –a. a total extension of time of more than 6 months under Rule 108(1); or
b. an extension of time under Rule 108(5),Rule 109(1)for any act in relation to a published patent application, or in proceedings
under the Act or these Rules which has not been so done within the timerequired.

Section 27

10.2.2 A notification of the decision of the court will be published in the Patents
Journal where the Registrar has granted or refused –a. a total extension of time of more than 6 months under Rule 108(1); or
b. an extension of time under Rule 108(5),Rule 109(2)for any act in relation to published patent application, or in proceedings
under the Act or these Rules, and where the court reviews the decision of theRegistrar under Section 90 (Appeals from Registrar) or 91 (General powers ofcourt) and decides to vary (change) or set aside (overturn) the decision underreview and make a decision in substitution for the decision so set aside.

Section 27

Page 137 of 181

10.2.3 Where the above notification has been published, a person who availed
himself, or took definite steps by way of contract or otherwise to avail
himself, of the invention and the patent application concerned by reason of
the act or step in relation to which the extension was granted not having been
done or taken within the time allowed, will have the right to continue to avail
himself of the invention but this right does not extend to granting a licenceto another person in respect of the invention.
10.2.4 If the above person entitled to the right conferred availed himself, or took
the steps to avail himself, of the invention in the course of business, that
person may –a. authorise any partners of his for the time being in that business to avail
themselves of the invention; andb. assign that right or transmit it on death (or in the case of a body
corporate, on its dissolution), to any person who acquires that part ofthe business.
10.2.5 Where a product is disposed of to another in exercise of the rights conferred
as referred to in Chapters 10.2.3 and 10.2.4, that other person and any
person claiming through him may deal with the product in the same way as
if it has been disposed by the registered proprietor of the patent.

Page 138 of 181

11.1 Mention of Inventor
11.1.1 A patent is granted primarily to the inventor(s) of the invention, unless anyother person is entitled to the invention by virtue of any enactment of law,treaty, international convention, or agreement entered into with theinventor before the making of the invention. The inventor or joint inventors
of an invention have a right to be mentioned in any patent and publishedapplication for a patent for the invention.

Section 19

11.1.2 If the applicant(s) is not the sole inventor(s), he may identify the inventor(s)by filling up Parts 3.3 and 3.4 of the Applicant & Inventor Details tab of the
Patents Form 1. Conversely, Patents Form 8 can be filed to identify theinventor(s) and the derivation of his right to be granted the patent.

Rule 18(1A)

11.1.3 For PCT application entering national phase in Singapore, inventor’s details
may be available in WIPO. A separate Patents Form 8 is not required where
inventorship has already been declared in the PCT application. If theapplicant chooses to file Patents Form 8, duplicate records may occur andapplicant can inform the Registrar to remove the duplicate record.

Section 87(1)Rule 18(3)11.1.4 Patents Form 8 must be filed within the following timelines –a. Normal application:i.
16 months from the declared priority date, or if there is no priority
date, from its date of filing;

Rule 18(1), 28(f)86(8) & 86(8A)

b. Divisional application:i.
16 months from the declared priority date, or if there is no priority
date, from its date of filing; orii.
On the initiation date of the divisional application (Patents Form1), whichever is later;c.

PCT application entering national phase in Singapore:i.
16 months from the declared priority date or if there is no priority
date, from its filing date; orii.
2 months from date national phase begins, whichever is later;(National phase entry begins when the applicant requests earlynational phase entry and the requirements are satisfied, or at the
Page 139 of 181

Section 24(1)expiry of 30 months or extended time period for normal/lateentry).
11.1.5 Upon receipt of the Patents Form 8, the Formalities officer will review theserequirements –a. Form is filed within the timelines specifed above, or extension of time
has been approved;b. There is at least one inventor named in the form;c. The derivation of rights is indicated in the form (Part 6);
d. Representation details and/or address for service on this form
correspond with that on record. Otherwise, Form CM1 or 2 is filed andapproved.

11.1.6 If any of the above requirements are not met, the Formalities officer will senda letter to invite the applicant to clarify or rectify within 2 months from thedate of the letter. If the issue has not been rectified by the timeline, areminder will be issued.
a.

b.

c.

To rectify errors on the form, the applicant may file Form CM4(Correction of Form lodged) and indicate the relevant rule in which
the correction is sought (Rules 58 and/or 91). For more details on
correction of error, refer to Chapter 11.8.
To update the representation details and/or address for service(which is not a request for correction of error), the applicant may file
Form CM1 or CM2 accordingly.
To submit clarification letters in response to our letter, the applicant
may reply via eCommunications.

11.1.7 If the objections cannot be overcome or there is no response from theapplicant, the request will be refused and the applicant will be notified via
letter. If the time for filing Patents Form 8 has passed, the application will betreated as abandoned.
11.1.8 If all requirements are met, the Formalities officer will approve the request
and the applicant(s) and inventor(s) will be notified via letter (for applications
without priority claims). There will be an entry made in the register to theeffect that the request has been approved, and in the next Patents Journal.

Page 140 of 181

Addition and/or Removal of Inventor(s)11.1.9If a person alleges that he ought to have been mentioned as the inventor, he
may file Patents Form 7 to add himself as inventor.

11.1.10 If a person alleges that a person(s) ought not to have been mentioned as
inventor(s), he may file Patents Form 7 to remove the inventor(s). A single
Patents Form 7 may be used if the same person is seeking to add himself as
inventor and remove the inventor(s) mentioned. Patents Form 7 must be
filed together with a statement setting out fully the facts relied upon for the
addition and/or removal of inventor(s).
11.1.11 Once the request is received, the Formalities officer will review the following
requirements –a. The fee has been paid;b. For addition of inventor, the request is filed by the inventor to be
added;
c. For removal of inventor, the request is filed by person other than theinventor to be removed;d. The inventor is an individual;e. A statement of fact setting out the facts relied upon for the request is
filed and covers all the inventors in question;
f. A declaration by the filer that a copy had been served on the otherparty at the same time.
11.1.12 If any of the above requirements are not met, the Formalities officer will senda letter to invite the applicant to clarify or rectify within 2 months from thedate of the letter. If the issue has not been rectified by the timeline, areminder will be issued.
a.

To rectify errors, the applicant may file Form CM4 and indicate therelevant rule in which the correction is sought (Rules 58 and/or 91). For
more details on correction of error, refer to Chapter 11.8.
i. Select “Correction of Form lodged” for errors on the form, e.g., wrong
option selected on the form;
ii. Select “Correction of any other document relating to a Patent or an
Application for a Patent” for errors on other documents.

Page 141 of 181

b.

c.

To update the representation details and/or address for service (which
is not a request for correction of error), the applicant may file Form CM1
or CM2 accordingly.
To submit clarification letters, supporting documents or statement inresponse to our letter, the applicant may reply via eCommunications.

11.1.13 If the objections cannot be overcome or there is no response from theapplicant, the Formalities officer will refuse the request.
11.1.14 If the application is in order, the Formalities officer will send a copy of theapplication to all applicants and inventors on record.
Opposition to Addition and/or Removal of Inventor(s)11.1.15 Any recipient of the copies of the application may oppose to the application.
They may do so by filing Patents Form 58 within 2 months from the date of
the notice. The request should be accompanied by a statement setting out
the grounds of opposition.

Rule 17(3)(a)11.1.16 Often, the Registrar received returned mail due to invalid addresses. When
this happens, the Formalities officer will write to the patent agent or addressfor service on record to request for an updated address for the affected
applicant or inventor. The time for opposition for that affected party will becalculated from the date that the notification is sent to the updated
addresses. Applicants should ensure that the addresses of the applicants andinventors are duly updated, so that addition or removal can be timely
effected.
11.1.17 If the outcome of the opposition is successful, the Formalities officer will
refuse the request.
11.1.18 If the outcome of the opposition is unsuccessful or there is no opposition
received within 2 months from the date of notification, the Formalities officer
will update the register. A notification will be sent to the requestor andcopied to the applicants, inventors and any other affected parties to informon the approval. The event will be entered in the register.
Other Changes to the Inventors
11.1.19 For errors in the list of inventors, addition or removal of inventors may bedone by filing a fresh Patents Form 8 if it is still within the allowable time
period. Otherwise, Form CM4 together with supporting documents should be
filed to show that there is an error. A simple declaration stating that there isan error in the list of inventors is insufficient to prove that there is an error.
Detailed explanation on how the error has occurred is required.

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Rule 17(5)Rule 58

11.1.20 For change in the sequence of the inventors, the applicant may write in via
eCommunications. The Formalities officer will update the records
accordingly.
11.1.21 For removal of inventors due to amendments of the specification, a written
request and letter of consent from all applicants and inventors may besubmitted via eCommunications to update the register. In the event thatconsent was not given by all parties, the officer will inform the applicant torequest for written consent. If the matter cannot be agreed upon, the matter
will be resolved by filing Patents Form 7.

11.2 Addition, Correction or Late Declaration of Priority
11.2.1 In general, an applicant must file his Singapore patent application within 12
months from the date of filing of the earlier relevant application. If there ismore than one relevant application, the Singapore patent application mustbe filed within 12 months from the Date of the Filing of the earliest relevant
application. The “priority date” of an invention to which an application for apatent relates will then be the date of filing of that earlier relevant
application (or where there is more than one relevant application, theearliest of them).
11.2.2 The declaration of priority must be made by the applicant at the time of filingthe Singapore patent application.
Addition or Change in Priority Date
11.2.3 A declaration claiming priority to an earlier relevant application may be madeafter the date of filing and cause the application in suit to –a. Have a declared priority date, where there was none previously; orb. Bring forward the declared priority date to an earlier date,
if the following requirements have been met –a.

The declared priority date to be claimed is not more than 12
months before date of filing of the application in suit. Otherwise,
restoration of priority is also soughtb. The declaration is made on Patents Form 57 within 16 months (notextendable) –i.

From the declared priority date (as changed) for normal
applications;ii. On same day as filing the application for divisional applications.
c. Such a declaration may only be made if the application has not been
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Section 17(2)Rule 9

published under Section 27. If a request was made previously for an
early publication of the Singapore patent application, this request has
to be withdrawn.
Example 1 – Addition of priority date (within timeline to file Patents Form 57):
Scenario A
Scenario B
Event Date
(Correct request made)(Incorrect request made)1 Jun 2015

Applicant files Invention X in US.

1 Dec 2015

Applicant files application in SG on Invention X but did not makeany priority declaration, i.e., no declared priority date.

1 Jan 2016

Request to add the priority
declaration of US application ismade on Patents Form 57
within 16 months from 1 Jun
2015.

Request to correct the omissionof priority declaration of US
application is made on Form
CM4 within 16 months from 1
Jun 2015.

Scenario A: This will cause the application to have a declared priority date as none
was made in the first instance. It is seen as an addition of priority claim, thus Rule9(2)(a)(i) applies.
Scenario B: This will cause the application to have a declared priority date as none
was made in the first instance. It is not possible to make such a correction using Form
CM4 under Rule 91 as the applicable rule and form is Rule 9(2) and Patents Form 57.
Example 2 – Addition of second priority date:
Scenario C
Event Date
(Incorrect request made)Scenario D(Correct request made)1 Jun 2015

Applicant files Invention X in US.

1 Aug 2015

Applicant files Invention X in AU claiming priority from the US
application.

1 Dec 2015

Applicant files application in SG on Invention X and makes apriority claim on the US application only (1 Jun 2015).

1 Jan 2016

Request to add the priority
declaration of AU application ismade on Patents Form 57.

Request to correct the omissionof priority declaration of AU
application is made on Form
CM4.

Scenario C: The application has a declared priority date and the request for additionof a second priority date does not cause the declared priority date to be brought
forward to an earlier date. Hence, Patents Form 57 is not applicable.
Scenario D: The application has a declared priority date and the request for additionof a second priority date does not cause the declared priority date to be brought
Page 144 of 181

forward to an earlier date. The correction of the second priority date may be madeunder Rule 91 using form CM4.
Example 3 – Change in priority date (within timeline to file Patents Form 57):
Scenario E
Scenario F
Event Date
(Correct request made)(Incorrect request made)1 Jun 2015

Applicant files Invention X in US.

1 Aug 2015

Applicant files Invention X in AU claiming priority from the US
application.

1 Dec 2015

Applicant files application in SG on Invention X and makes apriority claim on the AU application.

1 Jan 2016

Request to add the priority
Request to correct the omission
declaration of US application isof priority declaration of US
made on Patents Form 57
application is made on Form
within 16 months from 1 Jun
CM4 within 16 months from 1
2015.
Jun 2015.

Scenario E: This will cause the declared priority date to be brought forward to an
earlier date. Hence, Rule 9(2)(a)(ii) applies.
Scenario F: This will cause the declared priority date to be brought forward to an
earlier date. It is not possible to use Form CM4 to correct the omission of the priority
declaration under Rule 91 as the applicable rule and form is Rule 9(2) and Patents
Form 57.
Example 4 – Change in priority date (within timeline to file Patents Form 57, but
application is published before 16 months):
Scenario G
Scenario H
Event Date
(Incorrect request made)(Correct request made)1 Jun 2015

Applicant files Invention X in US.

1 Aug 2015

Applicant files Invention X in AU claiming priority from the US
application.

1 Dec 2015

Applicant files application in SG on Invention X and makes apriority claim on the AU application.

1 Jun 2016

Applicant requests for early publication and the application is
published.

Page 145 of 181

1 Aug 2016

Request to add the priority
declaration of US
application is made on
Patents Form 57 within 16
months from 1 Jun 2015.

Request to correct the omissionof priority declaration of US
application is made on Form
CM4 within 16 months from 1
Jun 2015.

Scenario G: This will cause the declared priority date to be brought forward to an
earlier date. It is not possible to make such a change to the declared priority datewhere the application has been published.

Rule 9(4)Scenario H: This will cause the declared priority date to be brought forward to an
earlier date. The omission of the priority declaration may be corrected under Rule 91
using form CM4.
Correction of Mistake in Priority Declaration that would cause the Declared Priority
Date to be changed to a different date
11.2.4 A declaration to correct a mistake in a priority declaration that would cause
the declared priority date to be changed to a different date may be madeunder the following conditions –a.

Correction is made on Patents Form 57 within 16 months (notextendable) –i. From the declared priority date (as changed) for normal applications;ii. On same day as filing the application for divisional applications.

b.

Such a declaration may only be made if the application has not been
published under Section 27. If a request was made previously for an
early publication of the Singapore patent application, this request has
to be withdrawn.

Example 5 – Correction of priority date (within timeline to file Patents Form 57):
Scenario I
Scenario J
Event Date
(Correct request made)(Incorrect request made)1 Jun 2015

Applicant files Invention X in US.

1 Dec 2015

Applicant files application in SG on Invention X claiming priority
from the US application. However, the priority date wasindicated as 1 Jul 2015 (which is incorrect).

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Rule 9(3)Rule 9(4)Event Date

1 Jan 2016

Scenario I(Correct request made)Scenario J(Incorrect request made)Request to correct the mistake Request to correct the mistakein the priority declaration of in the priority declaration of thethe US application is made on US application is made on FormPatents Form 57 within 16
CM4 within 16 months from 1
months from 1 Jun 2015.
Jun 2015.

Scenario I: This will cause the declared priority date to be changed to a different date,thus Rule 9(3) applies.
Scenario J: This will cause the declared priority date to be changed to a different date.
It is not possible to make such a correction using Form CM4 under Rule 91 as theapplicable rule and form is Rule 9(3) and Patents Form 57.
Late Declaration of Priority (Restoration of Right of Priority)
11.2.5 A request may be made to file the declaration of priority later than 12 months(but no later than 14 months) from the declared priority date under thefollowing conditions –Section 17
Rule 9A

a. The declaration is made on Patents Form 57 within 14 months (notextendable) –i. from the declared priority date for normal applications;ii. on same day as filing the application for divisional applications; oriii. within 1 month from the date which national phase begins fornational phase entry applications.
b. Where a request to file a declaration of priority later than 12 months
but no later than 14 months has been made, and the applicant has failed
to file the application in suit within 12 months from the priority date, he
has to indicate in the request whether the failure to file the applicationin suit –i. had occurred in spite of due care required by the circumstanceshaving been taken; orii. was unintentional.
c. Such a declaration can only be made if the application has not been
published under Section 27. If a request was made previously for an
early publication of the Singapore patent application, this request has
to be withdrawn. This does not apply for PCT national phase entry.

Page 147 of 181

Rule 86(3A)Example 6 – Late declaration of priority (within timeline to file Patents Form 57):
Scenario K
Scenario L
Event Date
(Correct request made)(Incorrect request made)1 Jun 2015

Applicant files Invention X in US.

1 Jul 2016

Applicant files application in SG on Invention X (but did not makea declaration claiming priority from the US
application
at this time).

1 Aug 2016

Request to file the latedeclaration of priority on thebasis of the US application ismade on Patents Form 57
within 14 months from 1 Jun
2015.

Request to file the latedeclaration of priority on thebasis of the US application ismade on Form CM4 within 14
months from 1 Jun 2015.

Scenario K: Rule 9A is applicable and the request to file the late declaration of priority
is made within 14 months from the declared priority date. Any request to file the latedeclaration of priority after 14 months from the declared priority date on Patents
Form 57 will be refused.
Scenario L: Correction under Rule 91 is not applicable as Rule 9A applies.
Addition or Change in Priority Date and Late Declaration of Priority
11.2.6 If a declaration of priority is made more than 12 months but not more than
14 months earlier than the date of filing of the application, the applicant
should request to make a late declaration of priority at the same time as
when making the declaration of priority. The following conditions have to be
met –a. A late declaration of priority may be made only if the earlier application
has been declared in accordance with Rule 9.
b. Where the said earlier application is the intended declared priority
application and it was not declared when filing the application in suit,the applicant will need to, at the same time as making the request for alate declaration, make a declaration after the date of filing under Rule9(2).
c. Where the said earlier application is not the intended declared priority
application, the claim of priority to this application cannot be made.

Page 148 of 181

Example 7 – Addition of priority date and late declaration of priority (withintimeline to file Patents Form 57):
Scenario M
Scenario N
Event Date
(Correct request made)(Incorrect request made)1 Jun 2015

Applicant files Invention X in US.

1 Jul 2016

Applicant files application in SG on Invention X but did not
make any priority declaration i.e., no declared priority date.

1 Jul 2016

Request to add the priority
Request to add the priority date
date and to make a late
and to make a late declaration
declaration of priority isof priority is made on Form
made on Patents Form 57
CM4 within 14 months from 1
within 14 months from 1 Jun
Jun 2015.
2015.

Scenario M: This will cause the application to have a declared priority date as none
was made in the first instance. Hence, Rule 9(2)(a)(i) applies. As the period to claim
priority to the US application has exceeded 12 months, it is necessary to also make alate declaration of priority. Under Section 17 read with Rule 9A, such a latedeclaration of priority may be made within 14 months of the US application.
Scenario N: Correction under Rule 91 is not applicable as Rules 9(2)(a)(i) and 9A
applies.
Correction of Declared Priority Date and Late Declaration of Priority
11.2.7 If a late declaration of priority is made, the details of the earlier applicationmust be correctly declared in accordance with Rule 9.
11.2.8 If a correction of a mistake in the declared priority date will result in the
declared priority date to be more than 12 months but not more than 14
months earlier than the date of filing the application in suit, the applicant
should request to make a late declaration of priority at the same time as
when making the declaration of priority.

Page 149 of 181

Example 8 – Correction of priority date and late declaration of priority (withintimeline to file Patents Form 57):
Event Date

Scenario O(Correct request made)Scenario P(Incorrect request made)1 Jun 2015

Applicant files Invention X in US.

1 Jul 2016

Applicant files application in SG on Invention X and makes apriority declaration of 1 Jul 2015.

1 Aug 2016

Request to correct a mistakein the declared priority datefrom 1 Jul 2015 to 1 Jun
2015 and to make a latedeclaration of priority ismade on Patents Form 57
within 14 months from 1
Jun 2015.

Request to correct a mistake inthe declared priority date from 1
Jul 2015 to 1 Jun 2015 and to
make a late declaration of priority
is made on Form CM4 within 14
months from 1 Jun 2015.

Scenario O: This will cause the declared priority date to be changed to a different
date, thus Rule 9(3) applies. As the period to claim priority to the US application has
exceeded 12 months, it is necessary to make a late declaration of priority within 14
months from the declared priority date since Rule 9A applies.
Scenario P: Correction under Rule 91 is not applicable as Rules 9(3) and 9A applies.
11.2.9 Once the request is received, the Formalities officer will review the following
requirements –a. Fee has been paid;b. This application is not a Patents Form 1 application having a date offiling before 1 Apr 2007;

c. The national application has not been published under Section 27(non-PCT national phase entry application);d. There is no pending request for early publication (Patents Form 9);

e. Representation details and/or address for service on this form
correspond with that on record. Otherwise, Form CM1 or 2 is filed andapproved;

Page 150 of 181

f. For requests with late priority declaration, the reason for failure to filethe application within the timeline is indicated in Part 6 of the form;g. The form is filed within time;h. The declaration must state the date of filing of the earlier applicationand the country it was filed in or in respect of;i.

The priority application, file number or priority documents may be
filed within 16 months from the declared priority date. The
application number may be provided via Patents Form 13.

ii.

Extension of time: If more time is required to provide the details or
documents, the applicant may request for multiple extension of time
up to 6 months from the original timeline. Any request for extensionof time should be made on Patents Form 45 before the end of 6months from expiry of the original timeline. It is also possible torequest for extension beyond the 6 months if the request is sent nolater than 6 months after the expiry of the first time period, and if
the request is accompanied by a Statutory Declaration accompanying
the grounds of the request.

i. Priority details indicated in Part 4 of the form corresponds with theoption selected on the form –i. Added priority date becomes the declared priority date for theserequests:• A priority declaration under Rule 9(2); or• A priority declaration under Rule 9(2) and a request under Rule
9A(2) for permission to make a late priority declaration.
ii. The priority application number matches with one of the priority
details on record for these requests:• A request under Rule 9(3) to correct a mistake in a priority
declaration;• A request under Rule 9A(2) for permission to make a late priority
declaration; or• A request under Rule 9(3) to correct a mistake in a priority
declaration and a request under Rule 9A(2) for permission to
make a late priority declaration.
11.2.10 If any of the above requirements are not met, the Formalities officer will senda letter to invite the applicant to clarify or rectify within 2 months from thedate of the letter. If the issue has not been rectified by the timeline, areminder will be issued.
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Rule 108(3)Rule 108(5)

a.

b.

To update the representation details and/or address for service (which
is not a request for correction of error), the applicant may file Form CM1
or CM2 accordingly.
To submit clarification letters or supporting documents in response to
our letter, the applicant may reply via eCommunications.

11.2.11 If the objections cannot be overcome or there is no response within the time
period, the Formalities officer will refuse the request and notify the applicant.
The event will be entered in the register.
11.2.12 If the request satisfies all requirements, the Formalities officer will approve
the request and notify the applicant. The pre-grant due dates will be updated
and calculated from the new or corrected priority date. The event will beentered in the register.

11.3 Filing of Drawing(s), Description or Part of
Description
11.3.1 For applications initiated on or after 1 Apr 2007, a drawing or part of thedescription missing from the application may be submitted by filing Patents
Form 56.
11.3.2 The date of filing of the application will be changed to the submission date of
the missing part unless the applicant makes a request for the date of filing toremain unchanged. In both instances, the date of filing accorded earlier could
be re-dated to a later date if the requirements are not met.
11.3.3 When the entire description is missing, it will not be considered as a missing
part, and a deficiency will be issued. The description may be submitted via
eCommunications and the date of filing will be accorded when thedescription is submitted.
Request for Later date of filing Not to Apply
11.3.4 The term “missing part” is used when the applicant files a drawing or part ofthe description that is originally missing from the application without any
notification from the Registrar that something in the patent specification is
missing. To request for later date of filing not to apply, the following
requirements should be met –a.
b.

Patents Form 56 is filed within 3 months (not extendable) from date offiling or initiation date for divisional applications;
A reference to an earlier application has been declared in accordancewith Section 17(2);Page 152 of 181

Section 26(9)(b)(i)

c.

d.
e.

A statement that the description is incorporated in the application byreference to, and is completely contained in, the earlier application, as
filed;
Furnishing of information in relation to the earlier relevant application;
andFiling of documents in relation to the earlier relevant application.

A copy of the information in relation to the earlier relevant application or its
English translation need not be furnished if it had previously been filed at theRegistry.

11.3.5 During the preliminary examination of the application, if the Formalities
officer finds that a drawing referred to in the description, or a part of thedescription, appears to be missing this must be formally notified to theapplicant in the Preliminary Examination report. To request for later date offiling not to apply, the following requirements should be met –
a.

b.
c.

d.
e.

Patents Form 56 is filed within 3 months (not extendable) from thedate of Registrar’s notification that a drawing or part of the description
is missing from the application;
A reference to an earlier application has been declared in accordancewith Section 17(2);A statement that the description is incorporated in the application byreference to, and is completely contained in, the earlier application, as
filed;
Furnishing of information in relation to the earlier relevant application;
Filing of documents in relation to the earlier relevant application.

A copy of the information in relation to the earlier relevant application or its
English translation need not be furnished if it had previously been filed at theRegistry.

11.3.6 Although the filing of a missing part, or a drawing or part of the description,and the request to retain the original date of filing can be made within 3months from the relevant date, the request must be made at the same timeas the filing of the missing part.
No Request for Later Date of Filing Not to Apply
11.3.7 For applications lodged on or after 14 Feb 2014, the missing part must be
filed with Patents Form 56 before the applicant files a request for –a. Search report;
b. Search and Examination report;
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Rule 26A(6)Rule 26A(7)Rule 26A(8)Section 28(9)(b)(i)

Section 28
Rule 34(2)Rule 26A(6)Rule 26A(7)Rule 26A(8)Rule 26A(1)(b)

c. Examination report; ord. Supplementary Examination report.
Incorporating the Description in the Patent Application by Reference
11.3.8 For applications initiated on or after 1 Apr 2007, instead of filing thedescription of the invention on the day a patent application is initiated, anapplicant would still be able to obtain a date of filing for the Singapore patentapplication if he –a. Makes a reference to an earlier relevant application by declaring apriority date (Section 17(2));
b. Provides the date of filing of this earlier application and the country it
was filed in (Section 26(1)(c)(ii)(B) & Rule 26(1)); andc. Makes a statement that the description is incorporated in theapplication by reference to, and is completely contained in, the earlier
application, as filed (Section 26(1)(c)(ii)(C)).
11.3.9 However, if the applicant does not file the following documents required
within 3 months from the date of filing, the application will be treated ashaving been abandoned –Section 26(7)Rule 26(3)Section 26(12)a. A written notice confirming that the description is incorporated in theapplication by reference to, and is completely contained in, the earlier
application, as filed (Section 26(7)(a));
b. The description (Section 26(7)(b));
c. Patents Form 56 (Section 26(7)(c) & Rule 26(4)); andd. A copy of the earlier application and its English translation, if any(Section 26(7)(c) & Rule 26(4)). Note that only this requirement is
extendable.
11.3.10 The statement of incorporation by reference of the description does not
replace the need to file drawings, if any. If no drawings are filed on the dateof filing of the application in suit, any drawings filed later may be treated asa part missing from the application.
11.3.11 If the earlier relevant application is not in English, an English translation ofthat document is required to be filed with the Registry. Applicants would only
need to provide the English translation of every part of that earlier relevant
application in which the missing part of the Singapore patent application iscontained.
11.3.12 Once the request is received, the Formalities officer will review the following
requirements –Page 154 of 181

Rule 26A(7)a. Application is a non-PCT national phase entry application lodged on orafter 1 Apr 2007;

b. The application is not withdrawn or granted;

c. The priority application indicated on the form corresponds with Patents
Form 1 or on record (if any);d. A description is enclosed if the description or part of the description is
missing;e. Representation details and/or address for service on this form correspondwith that on record. Otherwise, Form CM1 or 2 is filed and approved;f. The form is filed within timelines set out above.

11.3.13 If any of the above requirements are not met, the Formalities officer will senda letter to invite the applicant to clarify or rectify within 2 months from thedate of the letter. If the issue has not been rectified by the timeline, areminder will be issued.
a.

To rectify errors, the applicant may file Form CM4 and indicate therelevant rule in which the correction is sought (Rules 58 and/or 91). For
more details on correction of error, refer to Chapter 11.8.
i. Select “Correction of Form lodged” for errors on the form e.g., wrong
option selected on the form;
ii. Select “Correction of Specification of a Patent or of an Application for
a Patent” for errors on the description;iii. Select “Correction of any other document relating to a Patent or an
Application for a Patent” for errors on other documents.

b.

To update the representation details and/or address for service (which
is not a request for correction of error), the applicant may file Form CM1
or CM2 accordingly.

c.

To submit clarification letters or supporting documents in response to
our letter, the applicant may reply via eCommunications.

11.3.14 If the objections cannot be overcome or there is no response within the time
period, the Formalities officer will refuse the request and notify the applicant.
Preliminary examination will not be performed on the missing part.
Page 155 of 181

11.3.15 If the request satisfies all requirements, the Formalities officer will approve
the request and notify the applicant. Preliminary examination will be
performed on the missing part.
11.3.16
Withdrawal of Filing of Drawing(s), Description or Part of Description
11.3.17 After missing part (Patents Form 56) is filed, it may be withdrawn as long theprescribed period for doing so has not expired. The prescribed period isdependent on which section the missing part is filed under.
11.3.18 A missing part may be withdrawn only by giving a written notice via
eCommunications within the prescribed time period set out above.

Rule 26(A)(3)11.3.19 If the withdrawal request is in order, the Formalities officer will approve thewithdrawal request and send the withdrawal approval letter to applicant. If
the withdrawal request is not in order, the Formalities officer will send a
letter to invite the applicant to clarify or rectify within 2 months from thedate of the letter. If the issue has not been rectified by the timeline, areminder will be issued.
11.3.20 If the applicant fails to comply with all the relevant requirements, and hedoes not withdraw the missing parts before the end of the prescribed period,
the missing parts will be treated as included in the application and the dateof filing will be changed to be the date on which those missing parts are filed
at the Registry.

Section 26(8)11.4 National Security Clearance and Contravention
Information Prejudicial to Defence of Singapore or the Safety of the Public
11.4.1 A patent application may contain information which is prejudicial to national
defence or the safety of the public. Hence, there is a need to assess theinformation contained in a patent application to determine if it is necessary
to prevent the communication and/or publication of such information
contained in the application. This applies to both a patent application filed in
Singapore, and an international application under the PCT with Singapore as
the receiving office.
11.4.2 If the information contained in a patent application is determined to be
prejudicial to national defence or the safety of the public, the Registrar shallgive directions prohibiting or restricting the publication of that information orits communication to any specified person(s).
Page 156 of 181

Section 33

11.4.3 Any person who fails to comply with the direction shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding $5,000 or to
imprisonment for a term not exceeding 2 years or to both.
11.4.4 National security clearance process is initiated when a patent application isa.
first filed in Singapore via Patents Form 1/8 or PCT RO101 (i.e., no
declared priority date and is not a divisional application) andb.
at least one of the applicant(s) or inventor(s) is a person resident in
Singapore.
11.4.5 National security clearance is not conducted for a patent application where
Singapore is the office of second filing, as it is assumed that the publicationand communication may have already occurred in the office of first filing.
11.4.6 The Formalities officer will review the abstract/specification for terms which
may be indicative that the patent application contains information whichmight be prejudicial to national defence or the safety of the public, e.g.,
projectile, unmanned plane, explosives, or firearm and any other informationin the specification and abstract which might be prejudicial to the national
defence or the safety of the public.
11.4.7 If the information is determined to be not prejudicial to national defence or
the safety of the public, a clearance notification will be sent to the applicant
within 2 months from the filing of the patent application first filed in
Singapore. Upon the lapse of 2 months from the filing of the application in
Singapore and if no directions have been given by the Registrar under Section
33 of the Patents Act (“Section 33”), the applicant may proceed to file his
patent application overseas.
Restrictions on Applications Abroad by Singapore Residents
11.4.8 Similarly, no person resident in Singapore shall, without written authority(also known as “national security clearance”) granted by the Registrar, file orcause to be filed outside Singapore an application for a patent for an invention
unless –a. An application for a patent for the same invention has been filed at theRegistry not less than 2 months before the application outside Singapore;andb. No directions have been given to prohibit or restrict the publication ofthat information or its communication to any specified person(s).
11.4.9 Any person resident in Singapore who filed or caused to be filed a patentapplication without prior national security clearance shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding $5000 or to
imprisonment for a term not exceeding 2 years or to both.
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Section 34

11.4.10 A person resident in Singapore could be an applicant or an inventor named in
the patent application first filed outside Singapore. This could include anatural person, the Government, as well as any company or association or
body of persons corporate or unincorporated. A person resident in Singapore
also includes a foreigner with a valid pass lawfully issued to the foreigner, e.g.,a Singapore permanent resident and a work pass holder. The requirement toseek national security clearance is not applicable to a person residing outside
Singapore. Generally, for the purpose of Section 34, national security
clearance is not required for a Singapore citizen who has been residing
overseas for a period of time (e.g., at least 3 months) and who is not residingin Singapore at the time of filing the patent application overseas.
11.4.11 Where a person resident in Singapore intends to file a patent application
outside Singapore, without first filing a patent application in Singapore, he will
be required to file “Written Authority Sought under Section 34 of the Patents
Act” to request national security clearance. This requirement applies so longas at least one applicant or one inventor is a resident in Singapore.
11.4.12 The Formalities officer will conduct a check on the information set out in theform, including –a. At least one applicant or one inventor is a person resident in Singapore;b. Title and abstract/specification are in English;c. Country in which the protection is sought is indicated on the form;d. Technology cluster is indicated on the form;e. The request has not been filed and approved previously;
f. Keyword search for terms which may be indicative that the application
may contain information prejudicial to national defence or the safety of the
public, e.g., projectile, unmanned plane, explosives, or firearm;g. Any other information in the specification and/or abstract which might beprejudicial to the national defence or the safety of the public.

11.4.13 If any of the above information is missing or incorrect, the Formalities officer
will send a clarification letter to inform and invite the applicant to clarify or
rectify within 2 weeks from the date of the letter. If the issue(s) has not been
rectified by the stated deadline, a reminder will be issued. When responding
to the Formalities officer, the applicant may take note of the following:

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a.

To submit a clarification letter or supporting documents in response to
our letter, the applicant may reply via eCommunications.

b.

To make substantive amendments to the abstract of the invention, whichchanges the scope of the invention, the request for national security
clearance must be re-filed. This is applicable to both pending andapproved national security clearance requests.

c.

To make changes to the name of an inventor/applicant listed in therequest, the requestor must write in via eCommunications to inform theFormalities officer. If the initial request is pending, the approval letter (ifany) will reflect the updated name. If the initial request has been
approved, a revised approval letter will not be issued but the changes will
be updated in IPOS’ records. It is not necessary to inform IPOS of any
changes to the name of an inventor/applicant who is not a Singapore
resident at the point when a patent application is to be first filed outsideof Singapore.

d.

If there is an inventor/applicant who is a Singapore resident at the point
when a patent application is to be first filed outside of Singapore and is
not listed in the request, a new request for national security clearance
must be filed. On the other hand, it is not necessary to inform IPOS for
removal of any inventor/applicant.

11.4.14 If there is no response from the applicant, the request will not be processed,
and the applicant will be notified.
11.4.15 A clearance notification will be sent to the applicant if the information is notprejudicial to national defence or the safety of the public. The Registry's
response to such requests would be within 5 working days from such receipt.
For urgent cases, and in the event where the Formalities officers have been
given prior notice, immediate action would be taken, wherever possible.
11.4.16 If the Registrar determines that the request may contain information whichmight be prejudicial to the defence of Singapore or the safety of the public,
the request will be forwarded to a Government department or authority foradvice (see para 11.4.17 – 11.4.22 below).
Seeking Advice from Government department or Authority
11.4.17 If the specification and/or abstract contain relevant keywords and appear tobe prejudicial to national defence or the safety of the public, the Formalities
officer will inform the applicant that the application is under review and apatent application should not be filed overseas.
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11.4.18 The national security clearance request and its documents will be forwarded
to a Government department or authority for their advice. This process
typically takes up to 2 months.
11.4.19 If the application is not prejudicial to national defence or the safety of the
public, the Formalities officer will send a clearance notification to theapplicant.
11.4.20 If the information in the application is considered to be prejudicial to national
defence or the safety of the public, the applicant will be notified of thedecision.
11.4.21 If there is a patent application filed in Singapore or international application
filed with Singapore as receiving office, it will be put on hold after thecompletion of preliminary examination and the request will not be forwarded
to the Patent Examiner or the International Bureau.
11.4.22 The Minister for Law will be informed of the directions under Section 33. Hewill perform regular reviews to determine if the direction is still relevant. If
the Minister is of the opinion that the information contained in the application
is no longer prejudicial to national defence or the safety of the public, he will
inform the Registrar. The Formalities officer will send a clearance notification
to the applicant. For a patent application filed in Singapore, the applicant may
proceed with search and/or examination. For an international application filedwith Singapore as receiving office, it will be forwarded to the International
Bureau. The Registrar may extend the time period for doing certain Acts (e.g.,
request for search and/or examination) if it has expired.
Contravention of National Security Clearance
11.4.23 If a person resident in Singapore did not obtain national security clearance
before filing a patent application overseas, he may have contravened Section
34 of the Patents Act (“Section 34”). The following table lists some of the
scenarios in which contravention could have occurred –Scenario
Single entity first filed an
application overseas
without seeking prior NSC
Inventor(s) first filed an
application overseas
without seeking prior NSC

OffendersApplicant(s) and/or inventor(s) residing in
Singapore
Inventor(s) residing in Singapore

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Scenario

OffendersMultiple entities at least
Applicant(s) and/or inventor(s) residing in
one of which is a resident
Singapore
who first filed an
application overseas
without seeking prior NSC
Resident agent instructed Applicant(s), resident inventor(s) and/or
by an applicant residing in agent residing in Singapore
Singapore to first file anapplication
overseas(including PCT application)
without seeking prior NSC
11.4.24 The person residing in Singapore may submit a Request for Composition of
an offence via IPOS Digital Hub from 8 Dec 2023 with the following
information –a.

Details of the patent application filed overseas –i. Country of first filing;ii. Date of first filing;iii. Application number;
iv. Applicant(s) and inventor(s) and agent (if any) involved in theoverseas patent application, including the country of residency;
v. Title of invention;
vi. Abstract/specification;b.

Whether national security clearance was sought before the date of filing,or the same application has been made in Singapore more than 2 months
before foreign filing and whether clearance was given;c.

Mitigating factors/reasons for not seeking national security clearance
before filing the patent application overseas; andd.

Any procedures put in place to prevent future occurrence.

11.4.25 Once the request is received, the Formalities officer will review. If theinformation provided is not sufficient, the Formalities officer will send aclarification letter to inform and invite the person to clarify or rectify within 2months from the date of the letter. If the issue has not been rectified by thetimeline, a reminder will be issued.
11.4.26 If it is reasonably suspected that a contravention of Section 34 has occurred,i.e., the person resident in Singapore did not seek national security clearance
before filing the patent application overseas, the Formalities officer willproceed to identify whether the alleged offender is a first-time offender andPage 161 of 181

review the reasons or mitigating factors to determine if the offence may becompounded before putting up a proposal.
11.4.27 If the Registrar determines that the offence may be compounded, the alleged
offender(s) will be informed to make payment for the offence within 2 months
from the date of the letter. Payment must be made via IPOS Digital Hub's
payment platform. Acceptable modes of payment include Internet Banking,Visa/Master credit and debit cards and GIRO. Upon successful receipt of
payment, the offence will be compounded. A receipt and a copy of thepayment form will be issued.
11.4.28 In the event of non-payment by the deadline or the Registrar determines thatthe offence cannot be compounded, further proceedings may be initiated.

11.5 Application for Entry to be made, or for Cancellationof Entry, in Register to Effect that Licences under
Patent are to be Available as of Right
Application for Entry
11.5.1 At any time after the grant of a patent, the proprietor may wish to endorse
his patent with a Licence of Right (LOR) if he is interested in licensing thepatent to a third party. An LOR may help to attract licensees and the patent
renewal fees that are payable after the LOR entry is made would also be
halved.

Section 53
Rule 70

11.5.2 Licensing becomes a viable option when both the licensor and the licensee
can benefit from it. The decision whether or not to license is but one featureof the larger business plan and strategy, e.g., question of degree of relianceon licensee for revenue, or the degree of reliance on licensor for viability ofbusiness operations.
11.5.3 The proprietor may apply to effect that licences under the patent areavailable by filing Patents Form 28. Once the application has been made, theproprietor will not be able to refuse to license the invention. The terms of
the LOR can be negotiated between the proprietor and the licensee. If bothparties are not able to reach an agreement on the terms of the LOR, either
party may request the Registrar to settle the terms of the LOR.
11.5.4 Once the request is received, the Formalities officer will review the following
requirements –Page 162 of 181

Rule 70(1)a. Fee has been paid;b. Application has been granted and patent is in force;c. Patent has not been endorsed with licence of right;
d. Representation details and/or address for service on this form correspondwith that on record. Otherwise, Form CM1 or 2 is filed and approved;e. If there are existing persons registered as having interest in the patent,
they have been notified and there is no objection;
f. If there are existing persons registered as having interest in the patent,
they have been notified and there is no objection;g. There are no other pending related requests –i.

Reference to the Registrar on the Determination about Entitlement
to a Patent before or after Grant (Patents Form 2);
ii. Correction of Error (Form CM4);
iii. Application to Register, Amend or Terminate Licence (Form CM6);iv. Application to Register, Amend or Terminate Security Interest (FormCM7);
v. Application to Register Transfer of Ownership (Form CM8).
11.5.5 If any of the above requirements are not met, the Formalities officer will senda letter to invite the applicant to clarify or rectify within 2 months from thedate of the letter. If the issue has not been rectified by the timeline, areminder will be issued.
a.

To rectify errors, the applicant may file Form CM4 and indicate therelevant rule in which the correction is sought (Rules 58 and/or 91). For
more details on correction of error, refer to Chapter 11.8.
i. Select “Correction of Form lodged” for errors on the form, e.g., wrong
option selected on the form;
ii. Select “Correction of any other document relating to a Patent or an
Application for a Patent” for errors on other documents.

b.

To update the representation details and/or address for service (which
is not a correction of error), the applicant may file Form CM1 or CM2
accordingly.
To submit clarification letters or supporting documents in response to
our letter, the applicant may reply via eCommunications.

c.

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11.5.6 If the objections cannot be overcome or there is no response within the time
period, the Formalities officer will refuse the request and notify the
proprietor. The event will be entered in the register.
11.5.7 If satisfied that the proprietor is not precluded by contract to grant licences,
the Formalities officer would proceed to approve the application for entry
and inform the proprietor. The event will be entered in the register andpublished in the Patents Journal.
Section 54

Cancellation of Entry
11.5.8 Cancellation of entry on LOR may be applied for by –a. The proprietor at any time after an entry has been made; orb. Any person who claims that the proprietor of the patent was precluded
by contract to make the entry within 2 months from the date of
publication in the journal of the relevant entry.

Rule 73(1)11.5.9 The application should be made on Patents Form 28. Where an entry iscancelled, the rights and liabilities of the proprietor of the patent shall after
the cancellation be the same as if the entry had not been made.

Section 54(2)11.5.10 Where an application to cancel the entry is made by the proprietor, the entry
on LOR may be cancelled if the Registrar is satisfied that there is no existing
licence under the patent or that all licensees under the patent consent to theapplication, and the balance of all renewal fees which would have been
payable if the entry had not been made have been paid.

Section 54(4)11.5.11 Where an application to cancel the entry is made by a third party, the entry
on LOR may be cancelled if the Registrar is satisfied that the proprietor of thepatent is and was so precluded. The application shall be supported by astatement setting out fully the nature of the claimant’s interest and the facts
upon which he relies. The proprietor shall be liable to pay, within theprescribed period, a sum equal to the balance of all renewal fees which
would have been payable if the entry had not been made, and the patentshall cease to have effect at the expiration of that period if that sum is not so
paid.
11.5.12 Once the application is received, the Formalities officer will review thefollowing requirements –Page 164 of 181

Section 54(5)a. Fee has been paid;b. Application has been granted;
c. Patent has been endorsed with licence of right;
d. If the request is made by the proprietor, the following requirements
are met –i.

Representation details and/or address for service on the form
correspond with that on record. Otherwise, Form CM1 or 2 isfiled and approved;
There is no existing licence under the patent or that all licensees
under the patent consent to the application;ii.

e. If the request is made by a third party, the following requirements are
met –
i.
ii.

The form is filed within the timeline mentioned in Chapter
11.5.8b. This timeline is not extendable.
Statement setting out fully the nature of the claimant’s interestand the facts which he relies upon is submitted.

11.5.13 If any of the above requirements are not met, the Formalities officer will
send a letter to invite the applicant to clarify or rectify within 2 months
from the date of the letter. If the issue has not been rectified by thetimeline, a reminder letter will be issued.
a.

To rectify errors, the applicant may file Form CM4 and indicate therelevant rule in which the correction is sought (Rules 58 and/or 91). For
more details on correction of error, refer to Chapter 11.8.
i. Select “Correction of Form lodged” for errors on the form, e.g., wrong
option selected on the form;
ii. Select “Correction of any other document relating to a Patent or an
Application for a Patent” for errors on other documents.

b.

To update the representation details and/or address for service, theapplicant may file Form CM1 or CM2 accordingly.

c.

To submit clarification letters or supporting documents in response to
our letter, the applicant may reply via eCommunications.

11.5.14 If the objections cannot be overcome or there is no response within the time
period, the Formalities officer will refuse the application and notify the
proprietor. The event will be entered in the register.
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11.5.15 If the request satisfies all requirements, the Formalities officer will advertisethe cancellation in the Patents Journal for opposition. The event will beentered in the register.
Opposition
11.5.16 Any person may oppose to the application to amend the specification. They
may do so by filing a notice of opposition via Patents Form 58 within 2 months
from the date of the advertisement. The notice should be accompanied by astatement setting out the facts relied upon for opposition and the relief
sought.
11.5.17 If an opposition is filed, IPOS Hearings and Mediation Department willcommunicate to the Registry on the outcome of the opposition.
a. If the outcome of the opposition is successful, the Formalities officer will
refuse the application. The event will be updated in the Register.
b. If the outcome of the opposition is unsuccessful, the Formalities officer
will invite the proprietor to pay the balance of the renewal fees within 2months.
Payment of Balance Renewal Fees
11.5.18 If there is no opposition filed or the opposition is unsuccessful, theFormalities officer will invite the proprietor of the patent to pay fees equal tothe amount of the balance of all renewal fees, which would have been
payable if the entry had not been made, within 2 months from the date of
the notification. The fees are to be made by filing Patents Form 15.
11.5.19 Upon receipt of the fees mentioned above, the Formalities officer may
proceed to cancel the entry if he is satisfied that there is no existing licence
under the patent or that all licensees under the patent consent to theapplication.
11.5.20 Where a request to cancel the entry is made by a third party and the
proprietor did not pay the balance fees within the period mentioned above,
the patent shall cease to have effect at the expiration of that period.
11.5.21 Any person interested in obtaining a licence to someone's patent may startby looking at the register for patents that are endorsed with a licence of rightentry. The list of approved LOR is searchable via IPOS Digital Hub, by using
Advanced Search and selecting Licences of Rights within the Search field.

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11.6 Withdrawal and Refund
11.6.1 If the applicant decides not to proceed with the patent application, he may
withdraw the application by filing Form CM9. Any withdrawal of such an
application may not be revoked.
11.6.2 If the applicant intends to withdraw any of the Patents Form which he has
submitted, he may write in via eCommunications. The Formalities officer will
confirm the withdrawal of the request by sending a notification letter.
11.6.3 As part of our ongoing efforts to improve our customer service, the refund
policy relating to duplicate submission of forms with fees has been updated. If
the applicant has made or discovered a duplicate submission, he shallpromptly withdraw the duplicated request and submit a Request for Refund
to obtain a refund for the fees. For fees paid on the request for search and/or
examination, a refund will be allowed if the Patent Examiner has not started
work.
11.6.4 Other requests for refunds will be considered on a case-by-case basis.
11.6.5 The Formalities officer will notify the applicant on the outcome of the refund
request.

11.7 Communication with the Registry or the Patent Examiner
Electronic Correspondence with the Registry
11.7.1 Applicants are highly encouraged to use the eCommunications module in IPOS
Digital Hub customer portal to correspond with the Registry in relation to theirpatent applications. Applicants’ intentions should be clearly indicated in theircover letter.
11.7.2 The Application/case number together with Registry’s reference number
should also be quoted in full in the applicants’ subsequent reply thereto. Such
practices would assist the Registry in routing the correspondences to thepatent officer(s) for the appropriate action to be taken.
Direct Communication with the Patent Examiner
11.7.3 The applicant may request for direct communication with the Patent
Examiners (IPOS International) with regard to seeking clarification on theobjections and comments raised in the Written Opinions issued by the Patent
Examiner. It, however, does not replace nor affect the procedures or the

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timelines prescribed in the Patents Rules for responding to the written
opinion. They continue to apply.
11.7.4 When making such a communication, the applicant may follow the steps listed
below –
Steps

Details
To begin, applicant will send an email to the Patent Examiner(Secretariat)* using the format provided in Chapter 11.7.5 below.

1

In addition, the email to the Patent Examiner (Secretariat)* should
include an email title e.g., “SG 102017012345Z Request forclarification of the Written Opinion".

2

The Examiner (Secretariat)* will discuss with the Patent Examiner
before informing the applicant on the preferred time for contacting
the Examiner.

3

The applicant will contact the Patent Examiner as advised by the
Patent Examiner (Secretariat)* in Step 2.

4

Any response to the written opinion is to be made in accordancewith the Patents Act and Rules and in addition, the applicant is tosummarise their understanding of the discussion with the Patent
Examiner in their response.

* The contact detail of the Patent Examiner (Secretariat) is as follows –Contact Details
IPOS International

Patent Examiner (Secretariat)
Operations@iposinternational.com

11.7.5 The following is a sample format of the correspondence table –The following is to be completed by the person seeking clarification fromthe Patent Examiner under the Singapore Patents Act
This is addressed to the Patent Examiner:
12
3
4

SG Patent Application Number
Indicate the date of the Written Opinion(WO)
Indicate the name of the Patent Examiner
mentioned in the WO
Provide a brief explanation as to whyclarification is sought on the WO

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5

6

7
8

Indicate the full name of the person seeking
such a clarification
Indicate whether the person seeking
clarification:
1. Is the applicant on record or
2. Is the agent on record
Indicate the e-mail address of the person
seeking clarification
Indicate the date of this request

11.8 Correction of Error
Purpose and Use of Rules 58 and 91
11.8.1 In the decision of Novartis (Singapore) Pte Ltd v Bristol-Myers Squibb Pharma
Co [2017] SGHC 322, the Singapore High Court provided legal interpretations
for provisions relating to correction of errors. Following from the decision, theRegistry has clarified the procedure for correcting an error under Section 107
of, Rules 58 and 91 in Circular No. 4/2018 and 6/2018.
11.8.2 Rule 58 relates to a request for the correction of an error in the register or inany document filed at the Registry in connection with registration.
11.8.3 Rule 91 relates to a request for the correction of an error of translation ortranscription or of a clerical error or mistake in –a. A specification of a patent,b. An application for a patent, orc. Any document filed in connection with a patent or such an application.
11.8.4 The Singapore High Court has clarified that reference to “documents filed inconnection with registration” is concerned with documents filed in relation toan application for registration of transactions such as a mortgage ortransmission upon death.
11.8.5 The Singapore High Court has also clarified that Patents Form 1 is a documentthat is required for an application for grant of a patent and is not a document
filed at the Registry in connection with registration. Therefore, Rule 91 will be
the applicable rule for the correction of an error in Patents Form 1.
Procedure for Requesting Correction of an Error
11.8.6 The source of the error should be corrected. For example, if the error was
made on Patents Form 1, the correction type should be “Correction of Form”.
If the form has been approved and the error on the form has been brought
into the register, the correction type should be “Correction of Form” andPage 169 of 181

Section 27
Rule 55(1)(A)“Correction of Register of Patents or Designs”. Correction of Register is only
applicable to patent applications which have been published under Section 27.
The following details should also be provided in the form –a. Details to be corrected in the form and register; andb. Relevant rule in which the correction is sought (Rules 58 and/or 91).
11.8.7 From 23 Jul 2018, applicants may seek to correct an error occurring on Patents
forms, register of Patents, specification, and/or any other document relating
to a Patent or of an Application for a Patent by selecting the various correction
types on Form CM4.
11.8.8 From 18 May 2018, the applicant should indicate the relevant rule(s) in which
the correction is sought (Rules 58 and/or 91) in all requests for correction oferror. As a guide, the correction type and its relevant Patents rule(s) are as
follows –Correction Type under Part
5 of Form CM4
Correction of Form Lodged

Relevant Patents Rule
Rule 58 (in any document filed at theRegistry in connection with registration);orRule 91 (in an application for a patent or inany document filed in connection with apatent or such an application)

Correction of Register of Rule 58 (correction of each error in the
Patents
Register)Correction of Specification Rule 91
of a Patent or of an
Application for a Patent
Correction of any other Rule 91
document relating to a
Patent or of an Application
for a Patent

11.8.9 Forms relating to registration will include Form CM6 (Application to register
amend or terminate a licence), Form CM7 (Application to register, amend or
terminate a security interest), and Form CM8 (Application to register a transferof ownership).
11.8.10 Forms relating to an application for a patent will include forms such as Patents
Form 1 (Request for the Grant of a Patent), Patents Form 37 (Entry into
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National Phase), or Patents Form 11 (Request for Search and Examination
Report).
11.8.11 From 26 May 2022, a Request for correction of name, address, and Singapore
address for service of agent, applicant, proprietor or other interested person
must be submitted using Form CM4 instead of Form CM2.
11.8.12 The following table illustrates the correct form to be used for the following
purposes –PurposeApplicable Form

Appoint, change or remove an agent
Amendment of the address for service
Amendment of applicant/inventor’s nameForm CM1
Form CM2
Form CM2

Amendment of applicant/inventor’s address

Form CM2

Amendment of specification

Patents Form 13

Correction of applicant/inventor’s nameForm CM4

Correction of specification

Form CM4

Addition or correction of declared priority date Patents Form 57(within 16-month from date of filing of priority
application)
Addition or correction of declared priority date (after Form CM4
16 months from date of filing of priority application)
Transfer of ownership e.g., change in applicant’s Form CM8
name from Applicant A to Applicant B
11.8.13 Where the request relates to an error in any document other than a form, therequest shall be accompanied by both the marked-up and clean copies of the
proposed correction.
11.8.14 If the Registrar determines that the interests of any person may be affected byany of the following requests for correction under Rule 58 made on or after 26
May 2022, the Registrar may advertise the proposed correction by publishing
the request and the nature of the proposed correction in the journal:

Rule 58A

a. an error in the name or other particular of a person in the register or any
document under Rule 58;
b. an error in any information pertaining to a priority application.
11.8.15 The Registrar may also advertise any proposed correction under Rule 91 by
publishing the request and the nature of the proposed correction in thejournal.

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Rule 91(3)11.8.16 For correction of specification, the correction should be obvious in the sensethat it is immediately evident that nothing else would have been intended thanwhat is offered as the correction.
11.8.17 The requestor shall provide supporting reasons and/or documents to justify
the request. The Registrar shall only consider justification(s) and supporting
document(s) put forward with the CM4 request. If the requestor intends torely on document(s) as justification and it has already been submitted to theRegistrar for the same patent application, he may direct the Registrar to therelevant document(s) for reference instead of resubmitting it with the CM4
request.
11.8.18 The Registrar may call for such written explanation of the reasons for therequest or evidence in support of it as he may require to satisfy himself that
there is an error.

Rule 58(3)11.8.19 The Registrar may correct any entry in the register which is attributable wholly
or in part to an error, default or omission on the part of the Registry.

Rule 58(4)Request to Correct Information in a Published Application
11.8.20 Requests under Rule 91 to correct declared priority information in a publishedpatent application will only be allowed under exceptional grounds. Applicant
may put forth the reason(s) for exceptional grounds in a cover letter, enclosedwith the Form CM4. The question of whether exceptional grounds exist will be
determined by IPOS taking into account the following non-exhaustive factors
–
a.
b.
c.

d.

The impact or effect of the error on the rights and interests of third
parties;
The nature of the error, e.g., a clerical error;
Whether the error is obvious or readily apparent on the face of the
published application or by reference to other documents in the patent
file; andThe time lapse between publication and the date of the request forcorrection and the reasons given for such delay.

11.8.21 Requests to correct a mistake in the declared priority date should be sought
under Rule 9(3) within the 16-month time period stated therein, the relevant
form to be used is Patents Form 57.
Correction of Error in Marked-up Specification
11.8.22 When a request for correction made on Form CM4 relates to an error in any
document other than a form, the proposed correction needs to be indicatedPage 172 of 181

on a copy of that document (in the manner stated in Rule 91(1A)). Suchdocuments may include –a. A specification of a patent;b. A specification of an application for a patent; orc. Any document filed in connection with a patent or such an application.
11.8.23 When requesting for the correction of a specification of a patent or of an
application for a patent, the proposed correction needs to be indicated on a
copy of that specification; when requesting for the correction of any
document relating to a patent or such application (e.g., abstract and claims
correspondence table), the proposed correction needs to be indicated on a
copy of that document. With regard to correction of the specification, thestandard stated in Rule 91(2) shall apply (no correction shall be made unlessthe correction is obvious in the sense that it is immediately evident that
nothing else would have been intended than what is offered as thecorrection.
11.8.24 In particular, the correction of a “marked-up” specification is considered to
be a correction of a specification of a patent or of an application for a patent.
To avoid delays in processing such requests, users should select theappropriate correction type “Correction of Specification of a Patent or of an
Application for a Patent” in Form CM4.
11.8.25 From 1 Dec 2019, if corrections have been made to claims, a marked-up copy
and a clean copy of the full set of claims have to be submitted with therequest. The amendments or corrections should be reflected similarly in boththe clean and marked-up copies. Refer to Chapter 5.1.12 on the accepted
format of the marked-up and clean copy of amendments and corrections to
specification.

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12.1 Corresponding Application
12.1.1 Corresponding application refers to an application for a patent i.e., an application forprotection was filed or treated as filed, with any prescribed patent office that –a. Forms the basis for a priority claim under Section 17 in the application in suit;orb. Is subject to a priority claim based on –i. The application in suit; orii. An application which is also the basis for a priority claim under Section 17
in the application in suit.
12.1.2 The prescribed patent offices are –a. Australia;
b. Canada (Canadian patent should be filed in English);c. Japan;d. New Zealand;e. Republic of Korea;
f. The United Kingdom;g. The United States of America;h. European Patent Office (European patent should be filed in English or theprocedural language is in English).
12.1.3 The following are some examples of valid corresponding applications –a. The Singapore (SG) patent application claims priority to the United Kingdom(UK) patent application. The SG patent application is able to rely on the UK
patent application as a corresponding application;UK
Priority
Claim

SG
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b. The UK patent application claims priority to the Singapore patent application.
The SG patent application is able to rely on the UK patent application as acorresponding application;

SG
Priority
ClaimUKc. The Singapore patent application claims priority to the UK patent application,
and a United States (US) patent application claims priority to the UK patentapplication. The SG patent application is able to rely on either the UK or US
patent application as a corresponding application;

Priority
Claim

UK

UK

Priority
Claim

SG

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d. The PCT application claims priority to the UK patent application. The PCT
application then enters national phase into SG, Australia (AU), and Japan (JP).
Divisional applications were filed for both AU and JP patent applications. In this
scenario, the SG patent application is able to rely on any one of the UK, AU, AU
Divisional, JP, and JP divisional patent application as corresponding
application;UK
Priority
Claim
National
Phase
Entry

PCT

AU

JP

AU
Divisional

JP
DivisionalSG

e. The SG patent application claims priority to the US patent application. A
divisional was filed for the US patent application. The US divisional application
preserves an earlier date of filing comprising the date of filing of the parent
application as well as the benefit of the right of priority, if any. The US
divisional application is regarded to make a priority claim to its parent
application. The SG patent application is able to rely on the US or US divisional
patent application as corresponding application;

US

US Divisional

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Priority
ClaimSG12.1.4 The following are some examples that are not considered as corresponding
applications –a.

The SG patent application and UK patent application has no priority link.
The SG patent application is unable to rely on the UK patent applicationas corresponding application;

UK
No
Priority
Claim

SG

b.

The European Patent Office (EPO) patent application claims priority to
the SG patent application. A divisional application was filed for the SG
patent application. There is no priority claim for both SG and SG
divisional applications. The SG divisional application in this case is taken
to adopt the date of filing of the parent application as its date of filingrather than making a priority claim to that application. Therefore, the SG
divisional patent application is unable to rely on the EPO patentapplication as corresponding application;SG

SG Divisional

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Priority
Claim

EPO

c.

The EPO patent application claims priority to the SG patent application.
Divisional applications were filed for both SG and EPO patentapplications. Similar to the above example, the SG divisional patentapplication in this case is taken to adopt the date of filing of the parent
application as its date of filing rather than making a priority claim to thatapplication. Therefore, the SG divisional patent application is unable torely on the EPO or EPO divisional patent application as corresponding
application;

SG
Priority
Claim

SG Divisional

EPO

EPO Divisional

12.2 Corresponding International Application
12.2.1 A corresponding international application is a PCT application that is an international
application –a. From which the Singapore application derived its priority under Section
17; orb. Claims priority to the Singapore application; orc. Claims priority from an application in a convention country that also
forms the basis of a priority claim in a Singapore application.

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12.2.2 The following examples are considered as corresponding international applications –a.

The PCT application claims priority to the SG patent application. Theinternational application then enters national phase into Republic ofKorea (KR). The KR patent application retains the priority claim to the SG
patent application. The SG patent application is able to rely on either the
PCT or KR patent application as corresponding international application;

SG
Priority
Claim

PCT
National
Phase
Entry

KR

b.

Both PCT and SG patent application claims priority to the Canadian (CA)patent application. In this case, the SG patent application is able to relyon the PCT application as corresponding international application;

Priority
Claim

CA

PCT

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Priority
ClaimSG12.2.3 The following example is not a valid corresponding international application–a.

The PCT application claims priority to the SG patent application. A
divisional application was filed for the SG patent application. There is no
priority claim for both the SG and SG divisional application. The SG
divisional patent application is unable to rely on the PCT application ascorresponding international application;SG

SG Divisional

Priority
Claim

PCT

12.3 Related National Phase Application
12.3.1 Related national phase applications refer to national phase entries of a PCT
application which does not claim priority to an earlier application.
12.3.2 The following is an example of related national phase application –a. The PCT application enters national phase into SG and New Zealand (NZ).
There is no declared priority for the PCT, SG and NZ patent applications.
SG and NZ patent applications are considered as related national phaseapplications.

National
Phase
Entry

PCT

NZ

National
Phase
Entry

SG

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12.3.3 The following is an example which is not considered as a related national
phase application –a. The PCT application enters national phase into SG and NZ. Divisional
applications were filed for both SG and NZ patent applications. There isno declared priority for the PCT, SG, SG divisional, NZ and NZ divisional
patent applications. The SG or SG divisional patent application is unable
to rely on the NZ divisional patent application as related national phaseapplication.

PCT

National
Phase
Entry

National
Phase
Entry

NZ

SG

NZ
Divisional

SG
Divisional

12.3.4 For more examples on valid scenarios of corresponding application,corresponding international application and related national phaseapplication, refer to Annex of the Examination Guidelines for Patent
Applications.

IPOS is the national authority that registers and is responsible
for the administration of IP rights in Singapore. IPOS helps
businesses use intangible assets (IA) and IP to grow and iscommitted to building Singapore into an international IA/IP hub.
Find out more at ipos.gov.sg.

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