Singapore—patent infringement, revocation and invalidity proceedings before the High Court
Produced in partnership with Drew & Napier LLC.
Singapore—patent infringement, revocation and invalidity proceedings before the High Court

The following IP practice note produced in partnership with Drew & Napier LLC. provides comprehensive and up to date legal information covering:

  • Singapore—patent infringement, revocation and invalidity proceedings before the High Court
  • Patent infringement
  • Who can sue?
  • What constitutes patent infringement?
  • What reliefs may be sought by the plaintiff?
  • Injunctive relief
  • Monetary relief
  • Declaratory relief
  • Defences to claims of infringement
  • Non-infringement
  • More...

This Practice Note was originally written for LexisAdvance® Practical Guidance Singapore.

Patent infringement

An action for patent infringement in Singapore is governed by the Part XII of the Patents Act (Cap 221).

All claims of patent infringement must be commenced in the Singapore High Court—Patents Act, s 67 read with Patents Act, s 2.

Who can sue?

Only the registered proprietor of the patent and/or the holder of an exclusive licence under the patent has the locus standi to bring an action for patent infringement under the Patents Act, ss 67(1) and 74(1) respectively.

A co-proprietor of a patent may commence proceedings for patent infringement without the concurrence of the other co-proprietors, subject to the requirement that all co-proprietors be named in the proceedings. However, should these co-proprietors be made defendants to the proceedings, they will not be liable for costs or expenses unless they enter appearance and participate in the proceedings.

If an exclusive licensee brings an infringement claim, the proprietor of the patent need not be made a party to the proceedings. In the event that the proprietor is made a defendant, however, they will not be liable for any costs or expenses unless they enter an appearance and participate in the proceedings.

What constitutes patent infringement?

The acts of infringement of a patent are defined in the Patents Act, s 66(1). The acts constituting infringement differ according to the nature

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