For an invention to be granted a patent, it must satisfy the patentability requirements of novelty, inventive step and industrial applicability. This is the case in most countries, but the position in Singapore is otherwise.
Whilst patentability requirements in Singapore are identical to those of other countries, they are in fact not a prerequisite for grant. So long as the prescribed formalities have been complied with, a patent would be issued. This means that an invention, whether patentable or not, could eventually result in a patent, provided it has gone through the complete prosecution process. This is a distinctive feature of the Singapore patent system.
There may be different reasons for acquiring a patent and depending on individual needs, this distinctive feature could be worked to their fullest advantage. For many, it is paramount to secure nothing less than a valid patent and it certainly would be right to respect the patentability requirements to ensure validity upon grant. However, for others who may be happy with any patent, non-compliance or partial compliance of the patentability requirements could still lead them to a patent, although validity could be an issue post grant.
The Singapore patent system being a self-assessing system has made it easier for a patent to be granted. When the Patents Act took effect in 1995, it was anticipated that the shifting of the burden of determining patent validity to contentious proceedings would impact the volume of patent litigation and revocation in Singapore. However, after nearly 8 years, there have been few decisions of the Singapore courts pertaining to patent validity. It leaves to be seen whether a trend will develop in the form of increased contentious patent proceedings.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances
