Patent Law
Singapore Patents Act
* Rule against double-patenting – S14(3)
* Disclosures to be disregarded – S14(4)
* Transactions in Patents – S41
* Inventorship and Ownership - S2, S19, S20, S24
* Co-ownership - S46
* Anti-competitive practices, tie-in provision S51, tie-up S52
* License of Right – S53
* Compulsory licence – S55
* Government rights to use – S56
* Scope of government rights – S60
* Exhaustion of right – S66(2)(g)
* Prior Honest User Rights – S71
* Exclusive license – S74
* Effect of non-registration – S75
* Pending Rights – S76 (Infringement of rights conferred by publication)
* Unlawful threats – S77 (Remedy for groundless threats)
* Sufficiency of disclosure – S80
Patentable Inventions – S13
* If patent application does not claim a technical invention, it will be rejected without regard to novelty and/or inventive step.
S16(2) – method of treatment of human or animal body by surgery or therapy or diagnosis … not … capable of industrial application.
Diagnostic Method, generally has following phases: 1. Examination phase, involving collection of data 2. Comparison of data with standard values. 3. Finding significant deviation. 4. Attribution of deviation to a particular clinical picture.
First Medical Use of a Known Substance/Composition
* Allowed by S14(7), ‘Use compound C to treat disease D2’.
Second/further New Medical Use of a Known Substance/Composition
* Use Swiss form of claim.
* Use of compound X to manufacture a medicine Y for treating disease Z.
Shell Biotechnology - Could not be considered as ‘surgical treatment’ since the method consciously ended in the animal’s death.
Magnetic Resonance Imaging Patent - Intravenous injection can today be delegated to a paramedical professional. Can be considered a minor routine intervention with no substantial health risk. Will be ruled out from exclusion clause Article 53(c) EPC. Not a method of treatment by surgery.
Macrossan
UK patent for automated
* Rule against double-patenting – S14(3)
* Disclosures to be disregarded – S14(4)
* Transactions in Patents – S41
* Inventorship and Ownership - S2, S19, S20, S24
* Co-ownership - S46
* Anti-competitive practices, tie-in provision S51, tie-up S52
* License of Right – S53
* Compulsory licence – S55
* Government rights to use – S56
* Scope of government rights – S60
* Exhaustion of right – S66(2)(g)
* Prior Honest User Rights – S71
* Exclusive license – S74
* Effect of non-registration – S75
* Pending Rights – S76 (Infringement of rights conferred by publication)
* Unlawful threats – S77 (Remedy for groundless threats)
* Sufficiency of disclosure – S80
Patentable Inventions – S13
* If patent application does not claim a technical invention, it will be rejected without regard to novelty and/or inventive step.
S16(2) – method of treatment of human or animal body by surgery or therapy or diagnosis … not … capable of industrial application.
Diagnostic Method, generally has following phases: 1. Examination phase, involving collection of data 2. Comparison of data with standard values. 3. Finding significant deviation. 4. Attribution of deviation to a particular clinical picture.
First Medical Use of a Known Substance/Composition
* Allowed by S14(7), ‘Use compound C to treat disease D2’.
Second/further New Medical Use of a Known Substance/Composition
* Use Swiss form of claim.
* Use of compound X to manufacture a medicine Y for treating disease Z.
Shell Biotechnology - Could not be considered as ‘surgical treatment’ since the method consciously ended in the animal’s death.
Magnetic Resonance Imaging Patent - Intravenous injection can today be delegated to a paramedical professional. Can be considered a minor routine intervention with no substantial health risk. Will be ruled out from exclusion clause Article 53(c) EPC. Not a method of treatment by surgery.
Macrossan
UK patent for automated