Formalised Pre-Grant Third Party Observations and Post-Grant Re-Examination in Singapore
Written By
Proposed changes to the Singapore patents regime to formalise pre-grant third party observations and to introduce post-grant re-examination were first discussed around 2017. These changes will now be introduced in the Patents Rules from 1 October 2021. What do these changes mean for third parties and patent applicants?
From 1 October 2021, third parties will be able to submit formal third-party observations (“TPOs”) in connection with the patentability of a pending patent application, and a request for re-examination can also be filed for a granted patent in Singapore.
Formalising the pre-grant TPOs process means that, if TPOs are filed, an Examiner will be obliged to review the TPOs during the search and/or examination or supplementary examination of a patent application and to indicate this in the Written Opinion, Search and/or Examination Report or Supplementary Examination Report, whichever is applicable. If the TPOs are found by the Examiner to be relevant to the patentability of the patent application and consequently, objections are raised in a Written Opinion, a patent applicant can formally respond to the Written Opinion in accordance with the prescribed procedures. TPOs may be filed at any time before the…
