IPOS Extends SG IP FAST Program and Ends File-to-Grant Program – Trademark

To print this article, all you need to do is be registered or log in to Mondaq.com.

The following article provides updates on expedited exam options in Singapore.

The Intellectual Property Office of Singapore (IPOS) recently announced that it will extend SG IP FAST Program (previously named “SG Patent Fast Track program”) for two years, from April 30, 2022 to April 30, 2024, and will end the 12-month File-To-Grant program. The reason for ending the 12-month File-To-Grant program is to allow more companies to receive their patents with SG IP FAST.

The SG IP Fast program offers applicants a much earlier opinion on the patentability of the invention. Requests to fast-track applications under this program will be free until further notice.

Under the SG IP FAST program, the deadlines for the different types of intellectual property will be as follows:

  • Simple patent applications: as fast as six months.

  • Non-simple patent applications: as fast as nine months.

  • Simple trademark applications: in just three months.

  • Non-simple trademark applications: as fast as six months.

  • Registered design requests: as fast as one month.

Simple trademark applications are those which do not encounter any substantive objection(s) or which contain only minor problems. IPOS has not published a definition of a simple patent application. Whether a patent application is considered a simple application or not is decided only by the patent office. Based on past experience, a simple patent application as defined by IPOS can be expected to be a patent application with only minor formalities and at least one claim that can be considered patentable.

Effective April 30, 2022, IPOS has revised the following requirements:

  • The annual cap has been doubled to 120 patent applications, while the monthly patent application cap will be increased to 10 applications, with a cap of two applications per entity (individual or business).

  • The deadline for filing a request for acceleration of the trademark and/or registered design application will be extended to 12 months from the date on which the applicant is notified of the success of the request for acceleration of the patent.

To benefit from the SG IP FAST program, the following conditions must be met for patent, trademark and registered model applications.

Patent

  1. The request meets the cap on the number of requests per month as described above;

  2. The application must be filed first in Singapore, i.e. without priority claim and must contain 20 or fewer claims;

  3. The search and examination request must be filed on the date of filing of the application and be accompanied by a document identifying the reasons for the acceleration and the technological field to which the invention relates;

  4. The response to a formalities review report must be filed within two weeks;

  5. The response to a written opinion must be filed within two months;

  6. No extension of time may be filed for any matter during the patent application process.

Trademark

  1. The trademark application must be filed within 12 months following notification to the applicant of the filing of a patent application with SG IP FAST;

  2. The application does not concern a series mark, an unconventional mark (for example, a 3D shape mark or a certification or collective mark;

  3. Objections raised during the first administrative act are resolved during the first submission within one month of the administrative act;

  4. The response to a second administrative action must be filed within two weeks of the date of the administrative action;

  5. No extension of time may be filed for any matter during the trademark application.

Registered models

  1. The application for a registered design or model must be filed within 12 months following notification to the applicant of the filing of a patent application on SG IP FAST;

  2. Objections raised in the first office action are resolved in the first submission within two weeks of the office action;

  3. No extension of time may be filed for any matter whatsoever during the design application.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

POPULAR ARTICLES ON: Australia’s Intellectual Property