IPOS Proposes Key Changes to Singapore’s IP Regime: Voyage IP Asia’s Take

October 16, 2025
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Articles

The Intellectual Property Office of Singapore (IPOS) has launched a public consultation on proposed amendments to Singapore’s intellectual property (IP) regime, running from October 15 to November 11, 2025. This initiative reflects IPOS’s ongoing commitment to maintaining a world-class IP system, with potential updates spanning patents, trade marks, registered designs, plant varieties, and geographical indications. As leading IP professionals with offices in Singapore and Hong Kong, Voyage IP Asia closely monitors these developments to guide our clients through the evolving IP landscape.

This article provides background, summarizes the proposals across all four sections (Patents, Trade Marks, Hearings and Mediation, and Other Cross-IP Areas), and outlines our supportive stance. We encourage stakeholders to submit feedback via IPOS’s FormSG portal by the deadline.

Background on the Consultation

Singapore’s IP framework is a global benchmark, regularly reviewed to address practical challenges and align with international standards such as the TRIPS Agreement. The 24-page consultation paper, issued in October 2025, proposes amendments to the Patents, Trade Marks, Registered Designs, Plant Varieties Protection, and Geographical Indications Acts, along with their respective Rules.

Proposal 1: Formalizing the Requirement for Basis for Amendments (Patents)

Current Situation:
Patent applicants or proprietors can amend specifications at various stages (e.g., before search/examination, in response to opinions, or post-grant), provided no “added matter” is introduced. Applicants are encouraged to provide the basis for amendments, though it is not mandatory, and examiners may request clarification, sometimes causing delays.

Proposed Change:
IPOS proposes requiring applicants to submit the basis for amendments upfront. If not provided or if incomplete/incorrect, the Registrar will issue a non-extendable 1-month letter for submission or resubmission. Failure to comply results in refusal of the amendments, with examinations proceeding without them if unresolved.

Our Stance:
Voyage IP Asia supports this proposal. Formalizing the submission of amendment basis enhances transparency and accelerates the examination process — a critical advantage for innovators in time-sensitive industries such as technology and biotechnology. The 1-month deadline balances efficiency with fairness, aligning with best practices seen in jurisdictions like the European Patent Office. This change will streamline workflows for our clients, reinforcing Singapore’s position as a premier IP hub.

Proposal 2: Clarifying the Reversal of Burden of Proof in Patent Infringement Proceedings (Patents)

Current Situation:
Under Section 68(1) of the Patents Act 1994, a rebuttable presumption shifts the burden to defendants in process-for-obtaining-a-new-product patent infringement cases if the defendant’s product is identical to one from the patented process. This applies in two scenarios: (a) the product is new (the “New Product Scenario”), or (b) there is a substantial likelihood that the defendant’s identical product was made by the process, and the patentee has been unable through reasonable efforts to determine the process actually used (the “Substantial Likelihood Scenario”). Current wording may limit the application of the rebuttable presumption to the New Product Scenario.

Proposed Change:
IPOS suggests amending Section 68(1)—for example, removing “new” from the text—to clarify that the presumption applies to both the New Product Scenario and the Substantial Likelihood Scenario, fully complying with TRIPS obligations.

Our Stance:
Voyage IP Asia endorses this clarification. It strengthens patentee rights, particularly in sectors such as pharmaceuticals and materials science where process opacity complicates enforcement. By removing ambiguity, it enhances legal certainty and deterrence, aligning Singapore’s laws with global standards. This is a significant step forward for our clients engaged in cross-border IP disputes.

Proposal 3: Enhancing Trade Mark Examination Efficiency (Trade Marks)

Current Situation:
The trade mark registration process involves examination to ensure compliance with the Trade Marks Act. Delays can occur due to unclear applications or incomplete responses to office actions, impacting applicants and brand owners.

Proposed Change:
IPOS proposes streamlining the examination process by implementing a Final Examination Report (“FER”), which specifies the allowable options for the applicant’s response. This must be provided within four months, failing which the objectionable goods/services in the application will be treated as withdrawn. The proposed changes also introduce relief measures for responses to FERs, such as a one-time three-month extension of time before expiry of the FER response deadline, and a non-extendable two-month deadline for filing a request for continued processing after expiry.

Our Stance:
Voyage IP Asia supports this proposal. The stricter timelines and clearer guidelines will expedite trade mark registrations, benefiting brand owners seeking rapid market entry. This aligns with our clients’ needs for efficient IP protection in competitive markets, enhancing Singapore’s attractiveness as a business hub.

Proposal 4: Improving Hearings and Mediation Processes (Hearings and Mediation)

Current Situation:
IP disputes involving objections to amendment or opposition of geographical indications are resolved through hearings or mediation. However, the current framework provides shorter periods—six weeks for the opponent to file its notice of opposition and the applicant to file its counter-statement, followed by one month for the opponent to file its evidence in reply—with no right of appeal against the Registrar’s decision in interlocutory proceedings.

Proposed Change:
IPOS proposes amending the deadlines in geographical indication proceedings to match the lengthier timelines used in trade mark proceedings. It also proposes introducing a right to appeal to the General Division of the High Court against the Registrar’s decision in interlocutory proceedings between two or more parties.

Our Stance:
Voyage IP Asia welcomes this change. Longer deadlines in geographical indication proceedings will provide parties more time to prepare well-considered submissions. This strengthens Singapore’s reputation as a dispute resolution center, a key advantage for our international clientele.

Proposal 5: Harmonizing Fees Across IP Types (Other Cross-IP Areas)

Current Situation:
Fee structures for hearings involving different IP rights (patents, trade marks, etc.) vary, creating complexity for applicants managing multiple IP portfolios.

Proposed Change:
IPOS suggests reviewing and harmonizing fee structures across IP types to simplify administration and ensure equitable cost distribution, possibly through a pilot program.

Our Stance:
Voyage IP Asia supports this initiative. Harmonized fees will simplify compliance for clients with diverse IP portfolios, reducing administrative burdens and costs. A pilot program will allow for data-driven refinement, ensuring a balanced outcome.

Proposal 6: According Dates of Filing on Sundays and Public Holidays (Other Cross-IP Areas)

Current Situation:
Currently, if an IP application is filed on a Sunday or public holiday, the filing date accorded is the next following working day.

Proposed Change:
IPOS proposes that an IP application filed on a Sunday or public holiday be accorded the same-day filing date, provided the applicable requirements are met under the respective IP Acts and Rules.

Our Stance:
Voyage IP Asia endorses this proposal. This change aligns with the practice of major IP offices globally.

Next Steps and How to Get Involved

These proposals could refine Singapore’s IP system, benefiting applicants, enforcers, and innovators. We urge stakeholders to review the full consultation paper and submit comments by November 11, 2025, via IPOS_Consultation@ipos.gov.sg. Voyage IP Asia is preparing our submission in support of these changes and is available to assist with IP strategy or feedback preparation.

For tailored guidance, contact us at contact@voyageip.com.

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