Attempting to commercialise a patent before amendment can amount to seeking an unfair advantage
Written By
Partner
Singapore
As a partner in our Intellectual Property Group in Singapore and part of the Media, Entertainment & Sports team, I focus on contentious IP matters including IP infringement litigation, patent revocation actions and trade mark oppositions, but also advise clients extensively on non-contentious matters including IP commercialisation, patent and trade mark freedom-to-operate issues and brand protection.
The decision in In the Matter of Proposed Patent Amendments by Hitachi, Ltd. and Mitsubishi Shipbuilding Co., Ltd. and Opposition to Amendment by Singapore Shipping Association and Association of Singapore Marine Industries (Intellectual Property of Singapore, 20 March 2018) marks the first time that a tribunal in Singapore has ruled that an attempt to commercialise a patent can amount to seeking an unfair advantage of the unamended patent and has refused the amendments sought on this basis.
To read more,
