PCT Applicant's Guide Singapore - Valid as from 1 Aug 2024

GENERAL INFO
RO
ISA
SISA
IPEA
BIO
NATIONAL CHAPTER

Applicable as from 1 August 2024

(published on 27 June 2024)

Summary of latest changes in this version
ISA: ISA fees

Consult the full list of the changes

Previous version(s): You can consult previous versions of the document. The only applicable version is the current version.
15 Sep 2023, 1 Nov 2023, 1 Jan 2024, 3 May 2024, 13 Jun 2024, Current Version

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

List of abbreviations used in this document:

Office: Intellectual Property Office of Singapore

PA: Patents Act

PR: Patents Rules

List of currencies used in this document:

CHF (Swiss franc), EUR (Euro), JPY (Japanese yen), KRW (Korean won), SGD (Singapore dollar), USD (US dollar)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

Rule 23bis.2(e), Rule 51bis.3(c)
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Singapore

Two-letter code:

Name of Office:

Intellectual Property Office of Singapore

Location:

1 Paya Lebar Link #11-03
PLQ 1
Paya Lebar Quarter
Singapore 408533

Mailing address:

Same as above

Telephone:

(65) 63 39 86 16

E-mail:

For enquiries on status of PCT applications filed with RO/SG, ISA/SG or IPEA/SG
pct@ipos.gov.sg

For other enquiries (including PCT filing procedures with IPOS)
ipos_enquiry@ipos.gov.sg

Website:

http://www.ipos.gov.sg

Facsimile:

None

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Does the Office send notifications via e-mail in respect of international applications?

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

IB,

Does national legislation restrict the filing of international applications with foreign Offices?

Patents Act, Section 34

Unless written authorization from the Registrar to file abroad has already been obtained or unless an application for the same invention has been filed with the Office and not less than two months have elapsed and there is no subsisting direction given by the Registrar prohibiting publication or communication of the invention

Yes, filing restrictions apply to:

Applications by residents

Competent designated (or elected) Office(s) for this State:

Refer to corresponding National Phase.

Types of protection available via the PCT:

Patents

Payment methods accepted by the Office:

Internet banking, GIRO and Visa/MasterCard

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

The publication of the international application in English by the International Bureau of WIPO gives the applicant generally the same right as he would have had, if the patent had been granted on the date of publication of the application or translation, to bring proceedings in the court or before the Registrar for damages in respect of any act which would have infringed a patent. However, such proceedings may only be brought after grant of a patent. Refer to Part XVII of the Patents Act.

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

Where an international application is filed on or after 1 April 2007 and enters national phase at the express request of the applicant prior to the expiration of the time limit under PCT Article 22 or 39(1), i.e. an express request made under PCT Article 23(2) or 40(2), the time limit to give the name and address of the inventor, where required, is the later of the following periods:
(a) 16 months from the priority date, or where there is no priority date, the date of filing of the international application; or
(b) 2 months from the date of national phase entry.

May be in the request or must be furnished within two months from the expiration of the time limit under PCT Article 22 or 39(1)

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Singapore

Language in which international applications may be filed:

If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3).

Chinese,

English

Language accepted for language-dependent free text in the sequence listing:

Same language as the international application (Chinese or English)

Language in which the request may be filed:

Chinese,

English

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).

Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.

For the relevant notifications by the Office, refer to Official Notices (PCT Gazette) dated 15 January 2015, pages 5 et seq. and 28 July 2022, pages 198 et seq.

Yes, the Office accepts electronic filing via ePCT-Filing

Does the receiving Office accept the submission of pre-conversion documents and, if yes, in which format (Section 706 of the PCT Administrative Instructions)?

Yes, any format

Does the receiving Office accept incorporation by reference (PCT Rule 20.6)?

Yes

Does the receiving Office accept the submission of color drawings on an informal basis and transmit them to the International Bureau?

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

Competent International Searching Authority:

AT,

AU,

EP,

JP,

KR,

Competent International Preliminary Examining Authority:

AT,

AU,

The Office is competent only if the international search is or has been carried out by that Office or the Austrian Patent Office.

JP,

The Office is competent only if the international search is or has been carried out by that Office.

Fees payable to the RO:

Transmittal fee:

150 SGD

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

1,995 SGD

Fee per sheet in excess of 30:

23 SGD

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

300 SGD

Electronic filing (the request, description, claims and abstract in character coded format):

450 SGD

Search fee:

Refer to
Annex D(AT)
Annex D(AU)
Annex D(EP)
Annex D(JP)
Annex D(KR)
Annex D(SG)

Fee for priority document (PCT Rule 17.1(b)):

electronic copy 28 SGD

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

250 SGD

Is an agent required by the receiving Office?

No, but an address for service in Singapore is required

Who can act as agent?

As to who would be entitled to practice before the Registry, reference is made to Part XIX of the Patents Act and the Patents (Patent Agents) Rules 2001

Any individual, partnership or body corporate entitled to practice before the Registry of Patents of the Office

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

Where an agent or common representative who is not indicated on the request form at the time of filing performs any action after filing; or where it is unclear that an agent or common representative has power to act on behalf of the applicant.

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

Annex D - International Searching Authority

International Searching Authority competent for the following Receiving Offices:

BN,

ID,

JP,

KH,

KR,

MX,

SA,

SG,

TH,

TT,

UG,

US,

Fees payable to the ISA:

Search fee (PCT Rule 16):

This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.

1,493 CHF

1,550 EUR

260,200 JPY

2,218,000 KRW

2,240 SGD

1,633 USD

Additional search fee (PCT Rule 40.2):

This fee is payable to the International Searching Authority and only in particular circumstances.

2,240 SGD

Fee for copies of documents cited in the international search report (PCT Rule 44.3):

per document 30 SGD

Fee for copies of documents contained in the file of the international application (PCT Rule 94.1ter):

per document 30 SGD

Protest fee (PCT Rule 40.2(e)):

650 SGD

Late furnishing fee (PCT Rule 13ter.1(c)):

None

Conditions for refund and amount of refund of the search fee:

Money paid by mistake, without cause, or in excess, will be refunded

Where the international application is withdrawn or is considered withdrawn, under PCT Article 14(1), (3) or (4), before the start of the international search:
refund of 100%

Where the Authority benefits from an earlier search, depending on the extent to which the Authority benefits from earlier search:
refund of 25% to 75%

Languages accepted for international search:

Chinese,

English

Does the Authority accept informal comments on earlier search results where an international application claims priority from an earlier application already searched by this Authority?

Types of physical media accepted for the furnishing of nucleotide and/or amino acid sequence listings:

CD-R,

DVD-R

Subject matter that will not be searched:

The subject matter specified in items (i) to (vi) of PCT Rule 39.1 with the exception of any subject matter searched under the patent grant procedure in accordance with the provisions of Singapore patent law

Waiver of power of attorney:

Has the Authority waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

Where an agent or a common representative who is not indicated on the request form at the time of filing performs any action after filing; or where it is unclear that an agent or common representative has power to act on behalf of the applicant.

Has the Authority waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

Annex SISA - International Searching Authority (Supplementary Search)

Fees payable to the International Bureau:

For further details on the payment of fees to the International Bureau, refer to the WIPO website at https://www.wipo.int/pct/en/fees/index.html

Supplementary search fee (PCT Rule 45bis.3):

This fee is fixed by the Authority in SGD and will be revised from time to time to reflect currency fluctuations between SGD and CHF.

1,493 CHF

Supplementary search handling fee (PCT Rule 45bis.2):

200 CHF

Late payment fee (PCT Rule 45bis.4(c)):

100 CHF

Fees payable to the Authority:

Fee for copies of documents cited in the supplementary international search report (PCT Rule 45bis.7(c)):

per document 30 SGD

Review fee (PCT Rule 45bis.6(c)):

650 SGD

Fee for copies of documents contained in the file of the international application (PCT Rule 94.1ter):

per document 30 SGD

Late furnishing fee (PCT Rules 13ter.1(c) and 45bis.5(c)):

None

Conditions for refund and amount of refund of the supplementary search fee:

Money paid by mistake, without cause, or in excess, will be refunded

The International Bureau shall refund this fee where the supplementary search request has not yet been transmitted to the Authority and the international application is withdrawn or considered withdrawn, or the supplementary search request is withdrawn or considered not to have been submitted (refer PCT Rule 45bis.3(d)):
refund of 100%

The Authority shall refund this fee where work has not yet started and the supplementary search request is considered not to have been submitted (refer PCT Rule 45bis.3(e)):
refund of 100%

Languages accepted for supplementary international search:

English,

Chinese

Subject matter that will not be searched:

Scope of documentation included in the supplementary international search:

In addition to PCT minimum documentation, the Authority shall include at least the documents in English and Chinese held in its search collection

Limitations on supplementary international search:

The Authority shall notify the International Bureau if the demand for supplementary international search exceeds available resources

Types of physical media accepted for the furnishing of nucleotide and/or amino acid sequence listings:

CD-R, DVD-R

Waiver of power of attorney:

Has the Authority waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

Has the Authority waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

Annex E - International Preliminary Examining Authority

The Intellectual Property Office of Singapore may act as International Preliminary Examining Authority only if the international search is or has been performed by that Office.

International Preliminary Examining Authority competent for the following Receiving Offices:

BN,

ID,

JP,

KH,

KR,

MX,

SA,

SG,

TH,

TT,

UG,

US,

Fees payable to the IPEA:

Preliminary examination fee (PCT Rule 58):

This fee is payable to the International Preliminary Examining Authority.

830 SGD

Additional preliminary examination fee (PCT Rule 68.3):

This fee is payable to the International Preliminary Examining Authority and only in particular circumstances.

830 SGD

Handling fee (PCT Rule 57.1):

This fee is payable to the International Preliminary Examining Authority. It is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

300 SGD

Fee for copies of documents cited in the international preliminary examination report (PCT Rule 71.2):

per document 30 SGD

Fee for copies of documents contained in the file of the international application (PCT Rule 94.2):

per document 30 SGD

Protest fee (PCT Rule 68.3(e)):

650 SGD

Late furnishing fee (PCT Rule 13ter.2):

None

Conditions for refund and amount of refund of the preliminary examination fee:

Money paid by mistake, without cause, or in excess, will be refunded

In the cases provided for under PCT Rule 58.3:
refund of 100%

If the international application or the demand is withdrawn before the start of the international preliminary examination:
refund of 100%

Languages accepted for international preliminary examination:

Chinese,

English

Subject matter that will not be examined:

The subject matter specified in items (i) to (vi) of PCT Rule 67.1 with the exception of any subject matter examined under the patent grant procedure in accordance with the provisions of Singapore patent law

Are there any restrictions with regard to the competence of the Authority acting as an International Preliminary Examining Authority?

Waiver of power of attorney:

Has the Authority waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

Has the Authority waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

Where applicant requests publication earlier than 16 months from the priority date, not later than that request

— any additional indications:

None

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

None

Additional information

The applicant may request that the furnishing of a sample of a microorganism shall only be made available to an expert. The request to this effect must be filed by the applicant with the International Bureau before the completion of the technical preparations for international publication of the application.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

The time limit may be extended by up to 18 months, provided the applicant pays the prescribed fee (refer to Annex SG.I). Certain other time limits may also be extended for periods of 6 or 18 months or longer, but only at the discretion of the Registrar (refer to paragraphs SG.17-18).

Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date

Does the Office permit reinstatement of rights (PCT Rule 49.6)?

Yes, the Office permits reinstatement of rights under the “due care” and “unintentional” criteria. Reinstatement of rights will only be considered if the request is submitted within one month from the date of entry into the national phase of the international application.

Fee for reinstatement

250 SGD

Translation of international application required into (one of) the following language(s):

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1), or at the time of any earlier express request by the applicant to proceed earlier with the national phase

English

Required contents of the translation for entry into the national phase:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1), or at the time of any earlier express request by the applicant to proceed earlier with the national phase.

Where the translation of the international application furnished by the applicant consists only in the translation of the international application as amended, the Office will invite the applicant to furnish the missing translation of the international application as originally filed; if the missing translation of the international application as originally filed is still not furnished, the international application will be considered to be withdrawn. Where the translation of the international application furnished by the applicant consists only in the translation of the international application as originally filed, the Office will invite the applicant to furnish the missing translation of the amendments; if the missing translation of the amendments is still not furnished, the amendments will be disregarded.

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

Does the Office accept color drawings under its national law?

No, the Office does not accept color drawings, however it accepts greyscale drawings.

National fees:

National (filing) fee

210 SGD

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

Verification of translation of international application

Must be furnished within two months from the time limit for entering the national phase.

Name and address of the inventor if they have not been furnished in the “Request” part of the international application

Must be furnished within two months from the time limit for entering the national phase.

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Address for service in Singapore (but no representation by an agent is required)

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Who can act as agent?

As to who would be entitled to practice before the Registry, reference is made to Part XIX of the Patents Act and the Patents (Patent Agents) Rules 2001.

Any individual, partnership or body corporate entitled to practice before the Registry of Patents of the Office

Does the Office accept the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1)?

Yes

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

The procedure in the national Phase

SG.01 FORM FOR ENTERING THE NATIONAL PHASE

PR Rule 86(1)
The Office has available a special form, Patents Form 37 (refer to Annex SG.IX), for payment of the national fee (refer to Annex SG.I) upon entering the national phase. This form should preferably (but need not) be used.

SG.02 TRANSLATION (VERIFICATION)

PR Rule 86(4)(d), PR Rule 112
The required verification of the translation of the international application and of any other document consists of a simple statement by the person who made the translation. The wording could be the following: “Re Patent Application No. ..........., I [insert name of translator] of [insert address of translator],

Address of translator is an optional field to be provided

hereby declare that I am conversant with the [insert language being translated] and the English languages and that I am the translator of the documents attached and certify that to the best of my knowledge and belief the following is a true and correct translation of [insert identification of the document being translated, e.g. the specification which accompanied German patent application No. .......... in the name of .........] as originally filed on [insert date].”

SG.03 TRANSLATION (CORRECTION)

PR Rule 91(1)
Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003). A request for correction must be made on Form CM4 (refer to Annex SG.XIII). This form should enclose:

(a) a clean copy incorporating the proposed corrections and

(b) a copy of the proposed corrections clearly indicated therein in the following manner:

(i) by striking through any text, figure or other matter to be replaced or deleted; and

(ii) by underlining any replacement text, figure or other matter.

The request for correction shall be filed, together with the payment of the prescribed fee (refer to Annex SG.I).

SG.04 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex SG.I.

SG.05 ADDRESS FOR SERVICE

PR Rule 31, PR Rule 90(4)
An applicant, irrespective of whether or not he is a national of or a resident in Singapore, is not required to be represented by an agent, but he is required to have an address for service (of notices and other communications) in Singapore. If an agent in Singapore is appointed to represent the applicant for entry into the national phase, or one agent is substituted for another, written authorization should be filed on Patents Form 37 (refer to Annex SG.IX), together with the payment of the prescribed fee (refer to Annex SG.I).

SG.06 DESIGNATION OF THE INVENTOR

PR Rule 18
Any statement of the name of the inventor under the Treaty is treated as a statement filed under the national law. Otherwise details should be given on Patents Form 8 shown in Annex SG.II. Legalization is not required. Refer to the Summary for the relevant time limits.

SG.07 REQUEST FOR AN EXAMINATION REPORT

Other options are available to applicants to satisfy the search and examination requirements in Singapore. For details, please refer to the Office’s web site.

PA Sec. 29, PR Rule 42, PR Rule 43
A request for an examination report must be filed on Patents Form 12 (refer to Annex SG.IV) together with the payment of the prescribed fee (refer to Annex SG.I) within 36 months from the declared priority date or, where there is no declared priority date, from the date of filing the application. This request must be accompanied by a copy of the international search report together with each of the documents referred to in that report.

SG.08 PUBLICATION OF TRANSLATION

PA Sec. 86(6), PA Sec. 87(3), PR Rule 86(7)
If the international application has not been published by the International Bureau in English, the English translation furnished by the applicant will be published by the Office.

SG.09 TRANSLATION OF REFERENCES CITED IN THE INTERNATIONAL SEARCH REPORT

PR Rule 42
Upon the express demand of the Office, addressed to the applicant, the latter has to furnish to the extent specified in the demand, and within such period as the Registrar may specify, an English translation (refer to paragraph SG.02) of any document or part thereof referred to in the international search report as well as a copy of a verification document verifying the said translation.

SG.10 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, PR Rule 49
The applicant may, of his own volition, amend the description, claims, drawings and abstract at any time before payment of the fee for the grant of a patent, subject to the conditions specified under Rule 49(3) of the Patents Rules.

PR Rule 48
Applications for amendments must be made on Patents Form 13 (refer to Annex SG.VI) accompanied by:

(a) a clean copy incorporating the proposed amendment, and

(b) a copy of the proposed amendment clearly indicated therein in the following manner:

(i) by striking through any text, figure or other matter to be replaced or deleted; and

(ii) by underlining any replacement text, figure or other matter.

SG.11 CORRECTION OF ERRORS IN THE APPLICATION

PA Sec. 107, PR Rule 91(1), PR Rule 56(3)
The applicant may request the correction of an error of translation or transcription or a clerical error or mistake in the application or any document filed in connection therewith at any time. The request must be made on Form CM4 (refer to Annex SG.XIII). This form should enclose:

(a) a clean copy incorporating the proposed corrections, and

(b) a copy of the proposed corrections clearly indicated therein in the following manner:

(i) by striking through any text, figure or other matter to be replaced or deleted; and

(ii) by underlining any replacement text, figure or other matter.

The request for correction shall be filed, together with the payment of the prescribed fee (refer to Annex SG.I).

SG.12 NOTICE OF INTENTION TO RELY ON INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY (IPRP)

PR Rule 42A, PR Rule 43(4), PA Sec. 29
If the applicant chooses to rely on their IPRP (Chap. I) or IPRP (Chap. II) that was established during the international phase to satisfy the grant requirements for search and examination, they must file Patents Form 12A (refer to Annex SG.V) to request a supplementary examination report. This request must be accompanied by a copy of the IPRP and a table setting out how each claim in the application is related to at least one claim in the international application. To strengthen the Singapore patent regime and improve the quality of the patents granted in Singapore, applicants will no longer be able to request supplementary examination for (a) regular national applications and PCT applications with a filing date on or after 1 January 2020 and (b) divisional applications with a date of lodgement on or after 1 January 2020.

SG. 13 PERIOD FOR PUTTING THE APPLICATION IN ORDER. GRANT OF PATENT

PA Sec. 30, PR Rule 47
The prescribed period for paying the fee for the grant of the patent is 2 months from the date of the issuance of the notice of eligibility to proceed to the grant of a patent under Section 29A(1).

If the specification of the application for a patent has been amended or corrected since the filing of the application, the applicant must file a specification incorporating every such amendment and correction at the time the prescribed fee for the grant of a patent is paid and Patents Form 14 (refer to Annex SG.VII) is completed and filed by the applicant.

SG.14 RENEWAL FEES

PA Sec. 36(3), PA Sec. 36(4), PR Rule 51
After a patent has been granted, a fee must be paid for maintaining the patent in force, starting with the fifth year counted from the international filing date. Payment must be made in the three months ending with the fourth and each subsequent anniversary of the international filing date. Payment can still be made, together with an additional fee, before the expiration of the last day of the sixth month from the anniversary of the international filing date. Where a patent is granted after 45 months from the date of filing, the renewal fee may be paid without an additional fee up to three months after the date of grant or, with an additional fee, within six months from the end of these three months. The amounts of the renewal fees and of the additional fee are indicated in Annex SG.I. An application for the renewal of a patent must be filed on Patents Form 15 (refer to Annex SG.VIII) (refer to also paragraph SG.18).

SG.15 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51, PA Sec. 85(3), PR Rule 86(9), PR Rule 86(10), PR Rule 86(11), PR Rule 86(12), PA Sec. 91, PA Sec. 93, PR Rule 87, PR Rule 88, Rules of Court 0.87A, r 2
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. The review must be requested in a letter and be accompanied by the prescribed fee indicated in Annex SG.I. If upon review under PCT Article 25, the Registry denies an error or omission on the part of the receiving Office or the International Bureau, the applicant may ask for a hearing by lodging Form HC4 (refer to Annex SG.XIV) together with the prescribed fee (refer to Annex SG.I). The request must be filed within one month from the date of notification by the Registry. If at the hearing, the hearing Officer maintains the Registry’s view, the applicant may appeal to the Courts; notice of appeal shall be lodged with the Court in the case of a decision on a matter of procedure within 14 days after the date of the decision; and in any other case, within six weeks after the date of the decision.

SG.16 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2)
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

SG.17

PR Rule 108, PR Rule 109
Patents Form 45 (refer to Annex SG.X) is to be used to request an extension of time or period. Certain time limits, including the time limit for entry into the national phase, can be extended as of right by a period not exceeding 6 or 18 months. The request for such an extension may be filed even after the date of expiry of the extension of time or period sought. Any further request for an extension of time or period, when the period of 6 or 18 months has been extended, will be subjected to the Registrar's discretion. Such a request must be filed before the end of the period not exceeding 6 or 18 months.

SG.18

The other time limits specifically referred to in the Summary may be extended on request if the Registry thinks fit and upon such terms as it may direct. There is no special form for such a request. Any request for such an extension shall be made in writing to the Registrar.

SG.19

PA Sec. 39, PR Rule 53
Provisions concerning reinstatement of rights or the like do not exist in Singapore except if a patent ceases through non-payment of renewal fees, where restoration may be requested under Section 39 of the Patents Act and Rule 53 of the Patents Rules.

SG.20 REQUEST FOR RESTORATION OF RIGHT OF PRIORITY

PA Sec. 17, PR Rule 9A, PR Rule 86(3A)
A request for restoration of the right of priority in accordance with PCT Rule 49ter.2 may be made under Rule 9A(2) of the Patents Rules for permission to make a late declaration of priority under Section 17(2B) of the Patents Act for all international applications filed with an international filing date on or after 1 April 2007. The Office applies both the “unintentional” and “due care” criteria to such requests which should be filed on Patents Form 57 (refer to Annex SG.XI) together with the prescribed fee (refer to Annex SG.I).

Annexes

Annex SG.I - Fees

Patents Form 37 — Entry into national phase

210 SGD

Patents Form 11 — Request for search and examination report

In case of an international application for a patent that has entered the national phase, where, before the filing of the request for a search and examination report, an international search report or an international preliminary report on patentability was established by the Office under the PCT, the amount will be 1,750 SGD plus 40 SGD for each claim in excess of 20.

2,050 SGD

— for each claim in excess of 20 claims

plus 40 SGD

Patents Form 12 — Request for an examination report

1,420 SGD

— for each claim in excess of 20 claims

plus 40 SGD

Patents Form 12A — Request for supplementary examination report

— Only eligible for applications with date of filing before 1 January 2020

None

Patents Form 14 — Payment of fee for grant of patent:

(a) Where the application for a patent is lodged before 14 February 2014 and has a date of filing before 1 July 2004

170 SGD

(b) Where the application for a patent is lodged on or after 14 February 2014 and has a date of filing before 1 July 2004

210 SGD

(i) for each claim in excess of 20, where a supplementary examination report is relied upon for the issuance of the certificate of grant

plus 40 SGD

(ii) in any other case, for each claim in excess of 20 or of the number of claims in the patent specification for which the search and examination report or examination report (as the case may be), relied upon for the issuance of the certificate of grant, was requested

plus 40 SGD

Patents Form 15 — Payment of renewal fee

(a) for each year in respect of the 5^th, 6^th or 7^th year of the patent

165 SGD

(b) for each year in respect of the 8^th, 9^th or 10^th year of the patent

430 SGD

600 SGD

(d) for each year in respect of the 14^th, 15^th or 16^th year of the patent

775 SGD

(e) for each year in respect of the 17^th, 18^th or 19^th year of the patent

945 SGD

(f) for the 20^th year of the patent

1,120 SGD

(g) for each year after the 20^th year of a patent

1,380 SGD

Payment of additional fee:

(a) for late payment of renewal fee not exceeding one month

50 SGD

(b) for late payment of renewal fee for each succeeding month (but not exceeding 6 months)

100 SGD

Patents Form 45/46/47 — Request for extension of time or period

For an application for a patent lodged before 14 February 2014:

(a) Request under Rule 108(3), for each time or period, and each month or part of a month

200 SGD

(b) Request under Rule 108(4) or (4A)

200 SGD

For an application for a patent lodged on or after 14 February 2014:

(a) Request under Rule 108(3), for each time or period, and each month or part of a month

200 SGD

(b) Request under Rule 108(5)

200 SGD

— for each time or period, and each month or part of a month

plus 200 SGD

Patents Form 57 — Addition, correction or late declaration of priority:

(a) For declaration under rule 9(2) or request under rule 9(3)

120 SGD

(b) For declaration under rule 9A(2)

250 SGD

Form CM1 — Request to appoint, change or remove agent, per application

None

Form CM4 — Request for correction of error

(a) For the correction of form, correction of Register of Patents, or correction of documents other than form or specification of a patent or of an application for a patent

50 SGD

(b) For the correction of specification of a patent or an application for a patent

120 SGD

Form HC4 — Request for ex parte hearing

100 SGD

Application to Registrar for an international application to be treated as an application under the Act

160 SGD

Submission of Patents Forms via the Electronic Online Service (EOS)

For the purposes of Singapore national phase, applicants must use the EOS for the submission of patents forms
(https://digitalhub.ipos.gov.sg) which include:

(a) Optional form for entering the national phase, Patents Form 37

(b) Request for an examination report, Patents Form 12

(d) Payment of renewal fee, Patents Form 15

How can payment of fees be effected?

The payment of fees has to be effected in Singapore dollars. All payments, except for the fee for entering the national phase, must be made together with the filing of the form related to the fee to be paid, and should be accompanied by Fee Payment Forms which are available from the Registry of Patents. All payments should indicate the payer’s name and address, the application number (national, if already known; international, if the national number is not yet known), the name and the address of the applicant and the number of the Patents Form related to the fee being paid.
Payments may be made by one of the following means: Internet banking, GIRO and Visa/MasterCard credit and debit cards.