Singapore tightens patent rules to boost innovation clarity
With fewer free claims, patents are likely to be shorter and easier to interpret.
Singapore is tightening the rules on patent applications by lowering the threshold for free claims and raising related fees, a move analysts say will improve clarity for businesses and make it easier for new entrants to assess potential risks.
For applicants, the higher costs and lower claim allowance will likely push businesses to be more selective.
“This clarity will benefit the innovation ecosystem, including third parties who may wish to enter a certain field, but avoid infringement of existing patents,” Jasper Lim, a partner for intellectual property at Lee & Lee, told Singapore Business Review.
From 1 September, the Intellectual Property Office of Singapore (IPOS) will reduce the number of free claims in a patent application from 20 to 15.
At the same time, excess claim fees will double to $80 per claim. Renewal fees for patents will also rise by about 7%, with increases ranging from $11 to $90 depending on the renewal year, according to Cantab IP.
Patent claims define the scope of protection for an invention.
“Normally, we have one or two independent claims which are the broadest definitions of the invention that the applicant wants to protect,” said Jonas Lindsay, a partner at law firm Marks & Clerk. “Then we have a number of dependent claims that have a narrower scope and include more details about the invention.”
With fewer free claims, patents are likely to be shorter and easier to interpret. Lindsay said this could simplify the process for companies reviewing competitors’ patents when considering whether their own products infringe existing rights.
“For a third party who has a product they want to put on the market, when they look at competitors’ patents, those patents are likely to have fewer claims,” he told Singapore Business Review via Zoom. “So that process may be simpler.”
“There may also be fewer patents they need to review when conducting a freedom-to-operate exercise to see what patents their competitors hold,” he added.
The changes place Singapore below major jurisdictions in terms of claim thresholds. The US allows 20 free claims per application, while the UK allows 25.
Lim said businesses could expect faster outcomes from the application process. “Businesses will obtain their registrations, or clarity that an application is not viable, sooner,” he said in an emailed reply to questions.
Lindsay said the number of claims heavily affects examiner workload at IPOS since each claim must be checked against prior art and existing documents. “This encourages the patent applicant or attorney to file a relatively small number of claims that precisely define the invention, which potentially makes the examiner’s work smaller so they can process more applications more efficiently,” he added.
The higher renewal fees are also expected to prompt companies to reassess which patents are worth maintaining.
Increased renewal fees may lead to businesses abandoning trademark and patent registrations that are no longer in use, which will then free the IP for use by other businesses, Lim said. He added that smaller firms could offset costs through government grants and IPOS support programmes.
Industry experts said the measures would encourage clearer, more concise patent filings whilst keeping Singapore’s intellectual property framework competitive.
