Patents—Singapore—Q&A guide
Patents—Singapore—Q&A guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Patents—Singapore—Q&A guide
  • 1. What legal or administrative proceedings are available for enforcing patent rights against an infringer? Are there specialised courts in which a patent infringement lawsuit can or must be brought?
  • 2. What is the format of a patent infringement trial?
  • 3. What are the burdens of proof for establishing infringement, invalidity and unenforceability of a patent?
  • 4. Who may sue for patent infringement? Under what conditions can an accused infringer bring a lawsuit to obtain a judicial ruling or declaration on the accusation?
  • 5. To what extent can someone be liable for inducing or contributing to patent infringement? Can multiple parties be jointly liable for infringement if each practises only some of the elements of a patent claim, but together they practise all the elements?
  • 6. Can multiple parties be joined as defendants in the same lawsuit? If so, what are the requirements? Must all of the defendants be accused of infringing all of the same patents?
  • 7. To what extent can activities that take place outside the jurisdiction support a charge of patent infringement?
  • 8. To what extent can ‘equivalents’ of the claimed subject matter be shown to infringe?
  • 9. What mechanisms are available for obtaining evidence from an opponent, from third parties or from outside the country for proving infringement, damages or invalidity?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to patents in Singapore published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Davies Collison Cave—Dr Ken Simpson; Thomas Griffiths

1. What legal or administrative proceedings are available for enforcing patent rights against an infringer? Are there specialised courts in which a patent infringement lawsuit can or must be brought?

Enforcement is generally by way of bringing civil proceedings in the Singapore High Court. A single judge with expertise in IP is appointed to hear the proceedings.

It is also possible to request a determination of infringement by the Intellectual Property Office of Singapore (IPOS), subject to agreement between the patentee and the alleged infringer. Remedies for infringement are limited to damages and a declaration that the patent is valid and infringed. IPOS may decline to hear the matter and instead refer it to the High Court, if it is believed that the matter would more properly be determined by the Court.

2. What is the format of a patent infringement trial?

A patent infringement trial is held based on written and oral submissions and evidence adduced by the parties. Issues in dispute are decided by a judge. There are no jury trials for patent infringement.

The parties may appoint expert witnesses, as may the court. Experts must generally be available for cross-examination.

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