(ip) hub master plan - Ministry of Law

Feature The US’ provisional patent
application system
Term of
Protection
The patent term end-point is
20 years from date of filing of
a corresponding nonprovisional
application.
41
Singapore’s patent application
system
The patent term end-point is
20 years from date of filing of
a second patent application
with claims (i.e. the “nonprovisional”
patent application
equivalent) claiming priority
from the first “provisionaltype”
patent application. 28
4.2.9. However, the Committee found that while the Singapore patent registration
system offers the key features of the provisional patent application system, this is
not well known to the general IP community. As a result, companies for whom
securing a priority date quickly is important, perceive Singapore’s patent
registration system to be less attractive and file directly at other offices first.
4.2.10. The Committee recommends that Singapore profile more actively the availability
and features of the “provisional-type” patent application route in Singapore’s
patent registration system. This could take the form of greater publicity through
international IP conferences, publications and via the IPOS website.
C. Support Schemes for IP Filings
4.2.11. The cost of filing an IP is not insignificant. We should seek to support and
incentivise IP filings in Singapore, so as to increase the base load demand for IP
services.
4.2.12. In this aspect, the Committee acknowledges that there are existing tax incentives
for IP registration costs. Fees paid to any IP office, and fees paid to any agent for IP
prosecution, preparation of specifications and validity or infringement advice are
tax deductible at 100% under the Income Tax Act, and 400% under the Productivity
and Innovation Credit (PIC) scheme 29 . Such schemes are commendable, as they
help to encourage local companies and R&D institutes, as well as local subsidiaries
of foreign MNCs, to file in Singapore.
28 Similar to the US’ provisional patent application system, in Singapore, the 20-year patent term is calculated
from the date of filing of a second “non-provisional” patent application that claims priority from a first
“provisional-type” patent application.
29 Businesses can also choose to enjoy 60% cash payout under the PIC scheme.