14 March, 2020
From 1 January 2020, the supplementary examination route – that allows applicants to obtain a patent expeditiously by relying on positive substantive examination results of an international application or a corresponding allowed/granted foreign patent application – will no longer be available to the following patent applications:
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(a) Singapore applications with a filing date on or after 1 January 2020;
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(b) International application sentering national phase in Singapore with afiling date on or after 1 January 2020; and
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(c) Divisional applications lodged in Singapore with an actual filing date on or after 1 January 2020
This means that patent applications (a) to (c) with a filing date on or after 1 January 2020 must undergo local substantive examination either where the Intellectual Property Office of Singapore performs search and substantive examination or performs substantive examination based on the search results of an international application or corresponding foreign patent application.
Patent applications filed before 1 January 2020 will continue to be eligible for the supplementary examination route.
Further details on the closure of the supplementary examination route can be found on IPOS Circular Nos. 5/2016 and 7/2017, and our Client Alert (see here).
Comments
The closure of the supplementary examination route is in line with IPOS’ plan to improve the quality of Singapore granted patents and to instill greater confidence in Singapore’s patents system. Although the supplementary examination route is no longer available after 1 January 2020, applicants may still rely on the positive examination results of their applications from certain foreign patent offices to expedite the local examination of their Singapore patent application through programmes such as the Global Patent Prosecution Highway ("GPPH") or the ASEAN Patent Examination Cooperation Programme ("ASPEC").
For further information, please contact:
Andy Leck, Principal, Baker & McKenzie.Wong & Leow
andy.leck@bakermckenzie.com
