From 1 September 2020, the Intellectual Property Office of Singapore (IPOS) will offer the SG IP Fast Track programme to assist IP owners in expediting the registration of their IP rights.
Which IP rights are covered?
A Patent Fast Track programme has been available since 4 May 2020. This will be replaced by the SG IP Fast Track to cover patents as well as related trade marks and designs.
How fast is the Fast Track?
If no objections or oppositions are encountered, a straightforward application may proceed to grant/registration in as quickly as:
- 6 months for patents;
- 3 months for trade marks; and
- 1 month for designs.
In some cases, this reduces the standard application timeline by more than half.
What are the criteria for eligibility?
A patent application must be accepted under the Fast Track before an applicant may request for acceleration of related trade mark and design applications.
The key requirements for patent acceleration are:
- patent application must be filed in Singapore first;
- patent application must contain 20 claims or less;
- an applicant to explain why acceleration is justified (e.g. invention has an impact on public health).
The key requirements for trade mark and design acceleration are:
- trade marks and designs must be connected with the subject matter of the patent application that has been successfully placed on the Fast Track;
- applications must be filed within 1 month of notification that the patent application has been accepted for the Fast Track;
- applications must be filed through IPOS' platform (i.e. international applications through the Madrid Protocol or Hague System are currently excluded);
- any objections or deficiencies raised must be resolved within a shorter time frame and extensions of time are not allowed.
Additional restrictions apply for trade mark acceleration, namely:
- the specification of goods and services must comply fully with IPOS' standard classification;
- certain types of marks are excluded, e.g. series marks and shape marks;
- if any oppositions are raised at the publication stage, the application will not be able to proceed on the Fast Track.
How many applications will be accepted?
In general, only 5-10 patent applications will be accepted for the Fast Track each month. Each applicant is also limited to 10 applications per year. However, there is no cap on the number of related trade mark and design applications.
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.
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