Preface

The patent invalidation system in Singapore mainly relies on the patent revocation procedure（Revocation Proceedings）Implemented, its legal basis is the Singapore Patent Act（Patents Act）The80Article. The following is a detailed explanation of the system:

1、 Governing Authority

1、Intellectual Property Office of Singapore（IPOS）

Patent Registry（Registry of Patents）Responsible for administrative revocation procedures.

Applicable conditions: The patent does not involve any court litigation (such as infringement litigation) and is authorized in Singapore.

Features: Fast program, low cost (usually in...)9-12Completed within a month.

2、The High Court of Singapore（High Court）

Applicable situation:

When a patent involves infringement litigation, a request for revocation can be filed as a counterclaim.

The parties directly file an independent revocation lawsuit with the court.

Features: The program is more complex, allowing for evidence disclosure and cross examination, but takes longer (may require1-3Year).

2、 Reason for revocation (Article of the Patent Law)80Article)

The requester must prove that the patent has at least one of the following defects:

1、Non patentability

Invention does not belong to the legally patentable subject matter (such as scientific discoveries, business methods).

2、Lack of novelty（Novelty）

The invention has been made public (through use, publication, etc.) before the priority date.

3、Lack of creativity（Inventive Step）

The invention is obvious to technical personnel in the field.

4、Lack of industrial practicality（Industrial Applicability）

Invention cannot be manufactured or used in industry.

5、Insufficient disclosure（Insufficient Disclosure）

The instruction manual did not provide a clear and complete description of the invention, resulting in technical personnel being unable to implement it.

6、Beyond the scope of application（Added Matter）

The claims of the authorized patent exceed the original application content.

7、No right to apply（Entitlement）

The patentee is not the actual inventor or has not obtained legal authorization.

8、contra bonos mores

Invention and use violate public morality or law (such as biotechnology patents).

3、 Revoke the program process

（1）IPOSadministrative procedure

1、submit a request

Requester to fill inForm CM6Please provide reasons and evidence for revocation.

Cost: Approximately500-1,000SGD (depending on the complexity of the case).

2、Defense and Evidence Exchange

The patentee is required to 2Submit defense and counter evidence within one month.

Both parties may engage in multiple rounds of written exchanges of opinions.

3、Hearing (optional)

Registration Officer（Registrar）Oral hearings may be held upon request.

4. Decided

The registrar makes a decision to revoke, partially revoke, or maintain a patent.

Target deadline: After submitting the request 9Complete within one month (actual extension possible).

（2）Court proceedings

1、prosecute

The requester shall submit a complaint to the High Court, stating the reasons for revocation.

2、Evidence exchange

Including witness testimony, expert reports, and technical evidence.

3、court hearing

Both parties engage in oral arguments and witness questioning.

4、judgment

The court may rule on the entire patent/Partially invalid, or reject the request.

4、 Other ineffective methods: re examination（Re-examination）

Applicable situation: Third party based onNovelty, creativity, or practicalityProblem RequestIPOSRe examination of patents.

Process:

1、Submit a request (without proof of interest).

2、IPOSAppoint reviewers to conduct independent evaluations.

3、Result: Maintain, modify claims or revoke patents.

Features:

Lower cost (approximately)1,000-5,000New Zealand dollars), no hearing required.

But the scope is limited (only patent defects, not involving disclosure or ownership issues).

5、 Effect of revocation

1. Traceability:After successful revocation, the patent shall be deemedInvalid from the beginning.

2. Partial revocation:Only delete invalid claims, the rest remain valid.

3. Third party rights:Revocation of previously signed license contracts or infringement compensation shall not be affected.

6、 Appeal mechanism

1 IPOSdecision:Appeals can be made to the High Court, and further appeals can be made to the Court of Appeal (with permission).

2. The court ruled:Directly appeal to the appellate court.

7、 Practical suggestions

1、Strategy Selection:

Fast and Low Cost: Priority SelectionIPOSAdministrative procedures or re examination.

Complex cases: utilizing the advantage of evidence disclosure through court procedures.

2、Evidence preparation:

Key evidence includes existing technical literature (such as patents, journals), experimental data, and expert testimony.

3、Modify Patent:

The patentee may take the initiative in the revocation procedureModify claimsTo avoid inefficiency (required)IPOSOr approved by the court).