An Important Fulcrum of the 21st Century Maritime Silk Road
The Association of Southeast Asian Nations (ASEAN), referred to as "ASEAN", has 10 member states, including Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. It is a political, economic , security integration and cooperation of large economic groups. Southeast Asia is rich in natural resources, accounting for 7% of the world's population, excellent geographical location, and a growing middle class. These advantages provide an attractive market for investors from all over the world, and it is one of the fastest growing regions in the world. one. By 2020, even when global trade has been severely affected by the epidemic, the trade volume between China and ASEAN will still maintain a high growth rate. ASEAN has historically surpassed the "EU" to become China's largest trading partner.
With the formal entry into force of the "Regional Comprehensive Economic Partnership Agreement" RCEP, the free trade zone with the largest population, the largest economic and trade scale and the most development potential in the world has officially landed. RCEP will further promote the growth of regional trade and investment on the basis of ASEAN cooperation, optimize regional division of labor and cooperation, and strengthen the regional industrial chain supply chain. As the largest economy in RCEP, China's huge market will bring new business opportunities for companies in member states to expand investment and increase market share. The entry into force of RCEP will also further promote the economic and trade ties between China and ASEAN countries. The intellectual property rules of the RCEP agreement are complete, and the intellectual property part is the chapter with the most content and length, which provides better institutional protection for the development and innovation of the digital economy. If Chinese enterprises want to obtain comprehensive protection in the Southeast Asian market, which contains huge opportunities, and stand out from the crowd of international investors, it is a "compulsory course" to understand local intellectual property policies in advance and make relevant layouts. For Chinese companies that have already entered the local market, how to deal with various intellectual property matters and disputes is also a key element to ensure the company's local development and growth.
Singapore, as one of the countries with the most obvious characteristics of globalization and one of the world's leading financial centers, has long had a stable, transparent, and well-regulated business environment, and is an ideal target market for small and medium-sized enterprises and multinational companies in the ASEAN region. It is also an important gateway for overseas investors to ASEAN. Singapore promulgated the first version of the patent law in 1995, and has undergone as many as 10 revisions so far, which shows Singapore's determination to build an intellectual property power in recent years. With sound legal support, Singapore also has an intellectual property framework with strong enforcement of intellectual property rights. The intellectual property system has always been regarded as one of the most complete systems in the same industry in the world. According to the World Economic Forum, Singapore ranks fourth in the world and first in Asia in intellectual property protection. It was also ranked as the most innovative country in the world by the 2016 Global Innovation Index Innovation Input Score Index. In 2015, Singapore became the first international patent search and examination authority in ASEAN under the Patent Cooperation Treaty. Singapore is committed to providing high-quality intellectual property protection for enterprises and customers, and continues to build an intellectual property ecosystem that can be recognized both regionally and globally. Therefore, if Chinese enterprises want to realize "products going global", reduce investment risks and costs in Southeast Asia, and gain first-mover advantages, they must have a deeper understanding of Singapore's patent intellectual property system. Today we will start with the relevant knowledge of Singapore patents and learn about the intellectual property protection system of this innovation and technology development center in the ASEAN region.
Introduction to the Patent System in Singapore
1. Types of patent protection in Singapore
The types of protection stipulated in the Singapore patent law include two types: invention and appearance. Unlike my country, there is no concept of utility model in Singapore's "Patent Law".
2. Paths for Chinese applicants to apply for patents in Singapore
Paris Convention, PCT International Application Entry into Singapore, Direct Application
3. Review unit
The Intellectual Property Office of Singapore, IPOS, is a statutory government agency under the Ministry of Law of Singapore, responsible for supervising and administering the enforcement of intellectual property laws in Singapore. IPOS positions itself as an innovation agency, leveraging its technical, legal and business expertise to support innovative businesses and the future of Singapore. In 2013, the Intellectual Property Office of Singapore established a Center of Excellence for Intellectual Property Valuation. The Center has organized a series of activities in collaboration with industry stakeholders, including research on IP valuation methodologies, training and accreditation of valuation experts, and development of industry standards. At the same time, IPOS has 9 patent search databases, which have great advantages in patent search. As a member of the "ASEAN Patent Examination Cooperation Project" (ASPEC), Singapore can share its search results with other ASEAN member states. For global applicants' patent layout in ASEAN, Singapore can act as a "bridgehead" and radiate to other neighboring countries. In addition, the Intellectual Property Office of Singapore also has the Singapore Intellectual Property Academy, which can provide strategic and tactical training on intellectual property for industry professionals. With the advancement of my country's "One Belt, One Road" strategy, "Singapore International Arbitration Center" (SIAC), as one of the most influential international permanent arbitration institutions in the world, is bound to provide more transnational intellectual property arbitration services for more Chinese companies . On October 1, 2020, Tang Hongsen, Director General of the Intellectual Property Office of Singapore, officially took office as the fifth Director General of the World Intellectual Property Organization and the first Asian Director General of the World Intellectual Property Organization.
4. Submit your application:
Patent applicants can submit provisional or formal applications to IPOS and pay the corresponding fees
1) Time limit requirements: IPOS recognizes priority restoration and accepts restoration requests for due care and non-intentional reasons.
- via Paris Convention : within 12 months from the earliest priority date
- PCT international application entered into Singapore: within 30 months from the earliest priority date
2) Language requirements: The official language of a patent application in Singapore is English, and applications cannot be submitted in other languages.
3) Application method: You can submit patent application materials online through the IPOS official website, or you can submit applications in various ways such as paper
5. Formal examination:
After the patent application date is determined, if the applicant pays the application fee and submits the Claim within the specified time limit, IPOS will conduct a preliminary examination of the application to ensure that:
- the priority claim is correct;
- There are no missing application elements; and,
- The application meets all formatting requirements.
The procedures for patent application in Singapore are relatively simple. There is no need to provide a Power of Attorney , no need to provide priority certification documents, and no inventor or applicant to sign a statement. The only thing required is a translator's declaration. In addition, it should be noted that when a Chinese applicant submits a Singapore patent application through the via Paris Convention or the direct application route, he needs to go through the confidentiality review procedures with the Chinese Patent Office in advance.
6. Disclosure procedure
After 18 months from the date of the patent application, IPOS will publish the patent application in the patent journal. The applicant may request to disclose the content of the application in advance, or withdraw the application one month before the expiry of 18 months to achieve the effect of keeping the invention plan confidential. From the date of publication, the applicant can claim against the infringer.
7. Substantive examination procedure
The substantive examination system for patent applications in Singapore is quite special. Search and examination can be requested separately or at the same time, and the search can be divided into domestic search or search results based on other countries. Choosing different methods will lead to different fees. Generally, it is divided into the following several ways:
- Method 1: Request IPOS to conduct local independent search and independent examination;
- Method 2: Request IPOS to conduct local search and examination;
- Method 3: Request IPOS to conduct supplementary examination based on the granted, search and results of the corresponding case;
- Method 4: Request IPOS to conduct supplementary examination based on the international search report and international preliminary examination report received in the PCT international application;
Applicants can also request the use of search or examination results from other ASEAN member states through the ASEAN Patent Examination Cooperation Program (ASPEC) to expedite the examination process of a Singapore patent application.
8. Authorization procedure
After the patent has passed the substantive examination procedure, if the examiner believes that the conditions for granted are met, a letter of granted will be issued. The applicant can only be authorized after paying the granted fee within the specified time limit.
9. New regulations on patent system in Singapore
The new regulations of Singapore's patent system came into effect on October 1, 2021, including important changes such as the third party's pre-grant opposition to the patentability of the invention and the request for review of the patent specification after the grant.
Advantages of a Singapore patent
1. Singapore has a robust property rights protection mechanism and legal infrastructure, and its protection of intellectual property rights has been ranked first in Asia for three consecutive years;
2. Singapore is an ideal location for the commercialization of intellectual property rights. Singapore's prosperous financial industry, superior technology and manufacturing capabilities, and its global connectivity can be used to realize the maximum value of the company's own intellectual property rights;
3. Singapore's local venture capital is also very developed, and companies can use patents to raise funds to commercialize their own intellectual property rights.
Friendliness to Chinese applicants:
★★★★★
Gold content of patent rights:
★★★★★
The degree of perfection of the rights protection mechanism:
★★★★★
