Proposed Changes to Singapore Patent Regime and Their Implications to European SMEs

patent-without backgroundToday’s blog post is taking a closer look at the proposed changes to  Singapore Patent Regime and explains their implications to European SMEs wishing to patent their inventions in Singapore.

Singapore is currently in the process of amending its patent regime as the government has submitted the proposed amendments for public consultation due to end on 15 August 2017.  Major amendments concern the examination guidelines on isolated products from nature; third party observations; patent re-examination option; the examination guidelines on the new patents grace period and amendments to Patents Rules concerning patentable subject matter and supplementary examination. The aim of these proposed amendments is improving Singapore’s patent regime and further increasing the confidence of stakeholders and investors in Singapore’s patent regime[1].

Patent examination guidelines on isolated products from nature

In order to have a more balanced patent regime, the Singapore Government is proposing to clarify the distinction between ‘inventions’ and ‘discoveries’ as applied to the issue of isolated products found in nature. According to the new proposal isolated or purified materials or microorganisms that can be found in nature would represent a discovery and would not be an invention – thus these materials or microorganisms would not be eligible for patent. At the same time, if a new use of the isolated or purified material or microorganism is found, then the new use can be claimed and it can also be patented.  Furthermore, the new proposal states that “in the case of an isolated material or microorganism which has been modified such that the modified material or microorganism can be clearly distinguished from the isolated or purified naturally occurring material or microorganisms, then not only can the modified material or microorganism be claimed but also any new use of the modified material or microorganism”.[2] In this case both the new material and new use can be patented. Continue reading “Proposed Changes to Singapore Patent Regime and Their Implications to European SMEs” »

IP Considerations for ICT Industry in South-East Asia

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The ICT sector is considered to play a pivotal role in supporting regional integration and connectivity efforts between the countries in South-East Asia. The latest ASEAN ICT Industry Masterplan 2016-2020 aims to propel ASEAN towards a digitally-enabled economy that is secure, sustainable, and transformative and to enable an innovative, inclusive and integrated ASEAN Community[1]. The ICT industry is one of the sectors presenting major business growth opportunities for EU SMEs in South-East Asia.

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Top 5 Misconceptions Start-ups Have about Patents in Singapore

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For Start-ups expanding in South-East Asia, IP protection should be considered one of its core priorities. Today’s blog post has been kindly drafted for us by Ms. Chan Wai Yeng who is a patent specialist at Taylor Vinters Via LLC. Ms. Chan Wai Yeng will explore five common misconceptions regarding patenting – something which will be useful for any European Start-up looking to expand their business in South-East Asia, and Singapore in particular.

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Intellectual property protection is an important consideration for most start-ups. The exclusive monopoly that comes with patents can help start-ups carve a niche in a crowded marketplace. Patents have always been important to some industries like Big Pharma where they develop expensive drugs in lengthy R&D processes. They have become increasingly important and relevant to new business models and technologies in the technology sector.

While the concept of a patent is fairly simple to understand, there are several misconceptions about patents which I’d love to clarify. It is important to clarify these misconceptions before embarking on the intensive patenting process.

Myth 1: A patent applicant has rights to enforce his pending patent

It is a common mistake amongst first time patentees to think that once their patent application has been filed, they will immediately gain the rights to sue third parties for infringement of their patent. Rights to bring about a suit for infringement are in fact only available to the patent owner after his patent has been granted. The Intellectual Property Office of Singapore indicates that patents filed in Singapore can take between 2 to 4 years to grant. Thus patentees should be aware that during the period when the patent is still pending, they are not able to take action against third parties that commercially exploits their invention.

Continue reading “Top 5 Misconceptions Start-ups Have about Patents in Singapore” »

Patent 101: Things you need to know before patenting in Singapore

shutterstock_166598477Thinking about filing a patent in Singapore? Then this blog post for you, as today we give you a comprehensive overview of Singapore’s patent regime. Today’s blog post has been kindly drafted for us by Ms. Chan Wai Yeng who is a patent specialist at Taylor Vinters Via LLC. She was assisted by AsiaLawNetwork.com content strategist Ling Yuan Rong. Ms. Chan Wai Yeng explains the process of filing a patent in Singapore and discusses the considerations that everyone should to take into account before filing a patent application.

This article has been first published by Asia Law Network and you can find the link to the original article below at the end of the article.  

Eureka!

You have just created a great new product, UX, or developed an improved manufacturing process with significant reduction in production time. You know your invention has tremendous commercial value, and you are keen to share your idea with a potential business partner. But hold on for a minute. Before you disclose your invention to anyone, you may want to take steps to secure the ownership and protection of your brainchild by patenting your invention.

What is a Patent?

A patent is a right granted to the owner of an invention to enable him to exclude others from using, copying or making the invention without his consent in the country in which he has obtained patent protection.

The rationale behind patents is to encourage innovation by preventing competitors from copying an innovator’s novel idea. Incentives like this are essential because research and development can be very expensive and if an innovator is unable to at least recoup the cost of developing his innovation (and profit from it to some degree), the innovator is unlikely to embark in the effort. Patents also promotes diffusion of ideas and information which may have positive effects in the long run. Continue reading “Patent 101: Things you need to know before patenting in Singapore” »

Using Customs to Fight Counterfeiting in Singapore: A Case Study

shutterstock_118547785The Customs can often work as the first line of defense, when companies are dealing with counterfeiters. However, not many SMEs are aware of the different cooperation opportunities with the customs. Thus, today’s blog post focuses on how the SMEs can use the customs in order to protect their IP in Singapore, one of the busiest ports in the  world. In order to give practical advice , the blog-post discusses a case-study on customs cooperation in Singapore. 

Singapore’s port is one of the world’s busiest ports and therefore a major transit point for imports and exports between Europe and Asia. EU exporters in a number of sectors have set up distribution centers in Singapore’s harbor from where they serve the wider region. As Singapore’s port is a major transport hub, it is also at high risk of shipments of counterfeits. To promote vigilance and bolster the safety and security of trade, the EU-Singapore Free Trade Agreement (ESFTA) contains provisions to strengthen cooperation in the field of Customs. In particular, the ESFTA will facilitate the granting of assistance based on reasonable suspicion of an operation being in breach of customs legislation and will promote greater exchange of information between authorities.

European SMEs can liaise with Customs to fight against counterfeiting of their products. The Singapore Customs is a governmental agency of the Ministry of Finance and their objective is the implementation of customs and trade enforcement measures including the checking and detainment of suspected infringing goods crossing the border. The Singapore Customs has the authority to detain imports, exports and re-exports of IPR- infringing goods. Continue reading “Using Customs to Fight Counterfeiting in Singapore: A Case Study” »