What is a Patent?
A patent is a right that is granted for an invention.
It can be a new product, process or technical improvement to existing technology. A patent is an exclusive right that the Singapore government would grant you for a period of time. During the period, the patent owner has the right to prevent others from using it, you can choose to sell it, allow others to use it for a fee or for free while retaining its ownership.
Can I patent all my inventions?
NO. For your invention to be patentable, first, it must satisfy three key criteria:
New – Your invention should be new meaning it must not be publicly known in any way, anywhere around the world. If your invention had been talked about, advertised or commercially exploited then the novelty of your invention may be compromised. This is why you should always be careful to keep your invention a secret until a patent application has been successfully made.
Inventive step – Your invention must be an improvement over any process or product that already existed. The improvement must not be obvious to someone with technical skills or knowledge in the field of the invention.
Industrial application – Your invention must be useful; having some form of practical application. It must be able to be made or used in any kind of industry.
Under the Singapore Patents Act 1994, some inventions are absolutely unpatentable. For example, the method of treatment of the human or animal body by surgery or therapy or diagnosis practised on the human or animal body. Inventions which encourage offensive, immoral or anti-social behaviour will also cannot be patented.
Why should I patent my inventions?
After you patented your invention, you would hold the exclusive right to your invention. This means that you have full control over the patent and no other person can take advantage of it, unless you give your permission. You can later generate income through sale or licensing the patent to third parties.
How long can I patent my inventions?
Once your patent is granted, it will be protected for 20 years from the date of filling. Then, you have to maintain your patent yearly. In Singapore, you would have to renew your patent starting from the fifth (5) year. Failure of payment would result in loss of patent.
Should I conduct a search before I apply for a patent?
Before you apply for a patent, it is a good idea to run a search on existing patents to see if your invention already exists. You will want to avoid scenarios where there might be a possible infringement of other patents which had been filed or granted. You can use online databases to cross-check or you could engage us to assist you.
Would my invention be protected worldwide after I successfully patent my invention in Singapore?
No. Patents are territorial in nature, which means legal protection is enforceable only in jurisdictions where they are granted. This means that if you wish to protect your patent in another country outside of Singapore, you must also file for patent registration in that country. To obtain patent protection overseas, you can choose to file individual applications in the countries concerned; or use the Patent Co-operation Treaty (PCT), which facilitates the filling of International Applications. For a Singapore resident, you are required to obtain a written authorisation from IPOS before filing any application for a patent outside of Singapore. Patent filling in oversea countries can be relatively costly and complicated; you could contact us here as we have the expertise and experience to guide you with the most efficient way to register your patent in overseas countries.
How long does it take to register a patent?
The overall process usually takes about two to four years depends on the complexity of your inventions.
Patent Application process
