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Protection Outside Singapore - International Application

1.	Must I apply for a patent in Singapore before seeking protection overseas? It is not mandatory to apply for patent protection in Singapore first before seeking protection overseas. However, Section 34 of the Patents Act states that any person resident in Singapore is required to obtain a written authorisation from the Registrar of Patents before he/she files or causes to be filed outside Singapore an application for a patent for the same invention. The only exception to this is a patent application that has been filed in Singapore for 2 months or more and there is no further direction from the Registrar under Section 33 of the Patents Act. Contravention of Section 34 is a criminal offence.
2.	If I file a PCT application, can I claim priority based on my earlier filed Singapore application? Yes, provided the Patent Co-operation Treaty (PCT) application is filed within 12 months from the date of filing of the Singapore application.
3.	How do I obtain patent protection overseas? Patent protection is territorial in nature. Separate applications will have to be made in each of the country where patent protection is desired. To obtain patent protection overseas, it is necessary to file applications in the countries concerned either individually or through the Patent Co-operation Treaty (PCT) which is an international treaty to facilitate the filing of patent applications in different countries concurrently.
4.	How do I file an application through the PCT? An international application may be initiated by a resident or national of a PCT contracting country wanting to seek protection in other PCT contracting states. To apply, an applicant would file an international application with the patent office in his home country or the International Bureau of WIPO (World Intellectual Property Organisation) in Geneva. The list of PCT contracting countries and PCT Applicants Guide are available at the WIPO website . To read more about the international application process, please click here.
5.	In which countries should I apply for patent protection? The decision on which countries to apply for patent protection is a commercial one. It generally depends on whether you intend to exploit your invention or have plans to grant licences in the countries concerned.
6.	I wish to use my Singapore application as a priority claim in an application I had filed in another country. How do I go about obtaining a copy of my Singapore application for use in my overseas application? Upon the filing of CM12 and the payment of the prescribed fees, the Registry of Patents will provide you with a certified copy of your Singapore patent application. Please refer here for the relevant form and prescribed fee.

Last updated on 18 November, 2013

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