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At Emerald Law, we understand the need to protect an ideal and preventing others from capitalizing your ideal. One of the ways you can protect your idea is through patenting. If you find yourself in such a situation, our Patent Specialising Lawyers will be able to advice you on the process and guide you so that others won’t be able to take advantage of your efforts.

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Patents is a right that is granted towards an invention. This can be applied to a new product, process or technical  improvement to existing technology. This is different from a Trademark or Copyright. 

For example, if you discovered a way of printing an image onto a fabric that someone has never done before. You can patent the process so that no one is allowed to copy the process for a specific number of years. When you register the patent for your invention, it confers on you a monopoly and you hold the exclusive right to use the patent. Without your permission, no other person may use or take advantage of that patent.

Methods of treatment of the human or animal body by surgery or therapy or of diagnosis cannot be patented, and an invention that may encourage offensive, immoral or anti-social behaviour also cannot be patented.

Applying for a patent is not as easy as the application must first satisfy the requirements of being an invention. In general, it must satisfy 3 key criteria:

  1. The invention must be new and not be publicly known in any way, anywhere in the world;
  2. The invention must demonstrate an inventive step and must not be obvious to someone with technical skills or knowledge in the field of the invention;
  3. The invention must be useful and have some form of practical application, and be capable of industrial application.

Further, the patent system in Singapore operates on a first-to-file basis i.e. the first person to file an application will, in general, have priority over others for the same invention. Additionally, your application will need to be accompanied by drawings and abstracts of the invention, as well as a description of the invention, and the scope of protection sought for the invention.

As soon as you are able to fulfil the requirements. This is because patents have an international scope, and you may be competing with our parties who may have filed claims in other countries and who may be relying on those claims for priority for filing in Singapore. Once filed, and the patent claim is approved, you may lose your claim as your invention would no longer be able to satisfy the new requirement.

Apart from the strategical issues arising from filing of a patent in Singapore and other countries, patent applications contain technical and legal documents. Therefore, it is critical that the patent application be carefully drafted in order for the intended scope of protection to be granted.  Furthermore, the patent process involves several steps to be taken and failure to comply or within the prescribed time periods can result in negative consequences such as additional fees or delays to your patent application.

It is best to consult us so that we can advise you on how you may apply for your patent.

Singapore allows priority claims to be made in a patent application, and with a Singapore patent application, an application may file with a Paris Convention country or a World Trade Organization member country and claim the earlier Singapore filed application as priority in the subsequent patent application in the other country, provided that the other application is made within 12 months from the date of filing of the Singapore application.

In Singapore, once your patent is granted, it will be protected for 20 years from the Date of Filing. Thereafter, the patent must be maintained yearly, starting from the 5th year.

If you believe that a patent has been granted without proper basis or should not have been granted, you may apply to have the patent revoked. The grounds for revoking the patent are limited, and includes grounds such as the invention being not a patentable invention and/or the patent proprietor is someone whom the patent should not have been granted to.

 

It is recommended that you engage a lawyer to review your case and advise you on which ground to proceed on as the facts and circumstances of the case necessarily vary on a case-by-case basis.

Patent infringement occurs when someone, without the consent of the patent owner, where the invention is a product, makes, sells, offers to sell, uses or imports the product. It will also be an infringement, where the invention is a process, to use to process or offer it for use in Singapore when he knows, or it is obvious to a reasonable person in the circumstances, that to use the process without the consent of the owner would be an infringement of the patent.

 

You may then proceed to take civil proceedings in the courts to prevent the person from continuing to infringe your patent such as through an injunction. However, be warned that groundless threats against another person with patent infringement proceedings are also grounds for a civil action.

 

Therefore, it is best to contact a lawyer to review your case to see if there has been such infringement or they may be cost consequences. Patent disputes are very technical, and the outcome of the case is dependent on the facts of the case and the supporting evidence. Speak to one of our Lawyers who specialises in Intellectual Property today.

Why Choose us

we are specialised

Each and every lawyer assigned to your case is someone who has handled many similar cases before. They each bring a specialised element to your matter ensuring that your case is handled with the utmost care.

we provide solutions

We ensure that the advise and solution provided to you resolves your matter in the most efficient manner. We are not here to simply talk, we're here to provide REAL solutions.

we are committed

We provide service with such dedication that we can even arrange to meet you outside of our normal office hours.

Speak to a lawyer now

CONTACT US TODAY

Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

Intellectual Property Articles on Patents

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