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Singapore: Stricter criteria for post-grant amendments

On 30 June 2016, the Intellectual Property Office of Singapore (IPOS) published new regulations for post-grant amendments.

Until now, amendments after grant have been permitted as long as they do not introduce additional subject matter and do not extend the scope of the granted patent.

According to the new regulations, amendments also have to meet the following requirements:

  • All relevant matters in relation to the proposed amendment must be sufficiently disclosed, i.e. the patent owner must sufficiently explain the reasons for the amendment.
  • There is no unreasonable delay on the part of the patentee in seeking the amendment, i.e. the patentee has to file an amendment as soon as becoming aware of new prior art which might affect the patent's validity.
  • The patentee has not gained an unfair advantage by delaying the amendment.

For further information, please refer to Circular No. 1/2016 of the Intellectual Property Office of Singapore.

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