Singapore to overhaul patent system
07 June 2012
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Peter Leung, Hong Kong
The Patents (Amendment) Bill would change Singapore from a self-assessment regime to a positive grant system in line with major jurisdictions such as the US and Europe. What effect will the changes have on patent owners?
The bill, introduced in Parliament on May 14, also creates an appeals mechanism for denied patent applications and allows for foreign registered patent agents.
Lawyers say that the most important provision is the change to a positive grant system.
At present, a patent is granted even if an examination found that the invention would not be patentable for reasons such as obviousness or lack of an inventive step, explained Kristian Robinson of Ella Cheong Spruson & Ferguson. Under the proposed positive grant system, an invention must meet all the patentability requirements before the IP Office of Singapore (IPOS) will award a patent.
Some see the proposed change as a response to the belief that Singapore had been too liberal in granting patent rights.
“Feedback from industry is that they found that there are much broader patent rights in Singapore than in...
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