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A request to amend the specification of your patent after grant shall be made on Patents Form 17 , together with the prescribed fee.
The request shall be accompanied by a clean copy along with the marked-up copies of the page(s) of the specification to be amended and a supporting document to support the reason(s) for amendments. For more details, please refer to the Patents Formalities Manual - Amendment after Grant.
What is post-grant binding re-examination?
Post-grant binding re-examination is a process in which a request can be made to re-examine a granted patent with accompanying reasons and documents. If IPOS finds that an alleged ground is made out and not resolved by the patentee, the patent may be revoked. It also allows patentees to evaluate and strengthen their patent through amendments which will be subject to an examination process. The grounds for re-examination are generally limited to requirements which are considered during examination.
As re-examination is an ex parte process, the applicant seeking re-examination cannot participate in the process after filing the request (unless it is the patentee) and would only be notified when a re-examination examination report is issued.
When can this be filed?
May be filed any time after the grant of the patent, and only if there are no other proceedings in which the validity of the patent may be put in issue whether in court or before IPOS.
How can this be filed?
It should be filed using Request for Re-Examination of the Specification of a Patent under section 38A of the Patents Act via Patents Form 36 with the prescribed fee of $3,200 at the IPOS Digital Hub. The request must state the reasons supporting the non-validity of the granted patent, and accompanied with relevant prior art documents if appropriate. The patentee will be notified when such a request is filed.
Can my identify be kept anonymous?
The request for re-examination may be submitted via a registered patent agent or lawyer without disclosing the filer’s identity.
For more information, please refer to Examination Guidelines for Patent Applications found here
Local companies may apply for grants that are administered by Enterprise Singapore to defray eligible IP costs. You may visit https://www.ipos.gov.sg/manage-ip/develop-capabilities for more information.
It is not possible to obtain patent protection for the mere outward appearance of an article, that is, a shape configuration, pattern or ornamentation. Instead, a design registration may be a more appropriate option. You may find more information on design registration here.
However, if the outward appearance has a functional application as opposed to a mere visual purpose, it may be possible to obtain patent protection, subject to the patentability requirements of novelty, inventive step and industrial application.
