Singapore-Selected Compulsory Licensing, Government Use, and Notable Patent Exception Provisions

The Patents Act 1994
(No. 21 of 1994, as amended by the Patents (Amendment) Act 1995 (No. 40 of 1995))

Part III

(Patentable inventions.)

13.-1. Subject to subsection

(3), a patentable invention is one that satisfies the following conditions:

(a) the invention is new;

(b) it involves an inventive step; and

(c) if is capable of industrial application.

(2) [Deleted]

(3) An invention the publication or exploitation of which would be generally expected to encourage offensive, immoral or anti-social behaviour is not a patentable invention.

(4) For the purposes of subsection (3), behaviour shall not be regarded as offensive, immoral or anti-social only because it is prohibited by any law in force in Singapore.

(5) [Deleted]

Part XI
Licences of Right and Compulsory Licences

(Compulsory licences.)


( 1) At any time after the expiration of three years from the date of the grant of a patent or four years from the date of filing of the patent application, whichever is the later, any person interested may apply to the court for the grant of a licence under the patent upon any of the grounds specified in subsection (2).

(2) The grounds upon which a licence may be granted under this section are that a market for the patented invention is not being supplied, or is not being supplied on reasonable terms, in Singapore.

(3) Subject to this section, if the court is satisfied that either of the grounds referred to in subsection (2) is established, the court may make an order for the grant of a licence in accordance with the application upon such terms as the court thinks fit.

(4) A licence granted under this section-

(a) is not exclusive;

(b) shall not be assigned otherwise than in connection with the goodwill of the business in which the patented invention is used;

(c) is limited to the supply of the patented invention predominantly in Singapore.

(5) Any licence granted under this section may, on the application of any interested party, be terminated by the court where the court is satisfied that the ground upon which the licence was granted has ceased to exist.

(6) Where a licence is granted under this section to any person, the person shall pay such remuneration to the patentee as may be agreed, or as may be detennined by a method agreed between the person and the patentee or, in default of agreement, as is detennined by the court on the application of the person or the patentee.

(7) No licence shall be granted under this section unless the person applying for the licence has first taken all reasonable steps to obtain a licence from the patentee on reasonable commercial tenns and conditions and has failed to obtain such licence within a reasonable period of time.

(8) No licence shall be granted under this section in respect of a patent relating to an integrated circuit except to remedy a practice which is determined by the court to be anti-competitive.

(9) If the patented invention cannot be worked by the applicant without his infringing another patent-

(a) the court is to make the order under subsection (3) only if the court is further satisfied that the applicant's patented invention involves an important technical advance of considerable economic significance in relation to the invention claimed in the other patent;

(b) the court shall further order that the patentee of the other invention-

(i) shall grant to the applicant a licence to work the other invention insofar as is necessary to work the patented invention; and

(ii) is to be granted, if he so requires, a cross-licence on reasonable tenns to work the patented invention;

(c) the court shall direct that the licence granted by the patentee of the other invention may be assigned by the applicant-

(i) only if the licence granted in respect of the patented invention is also assigned; and

(ii) only to the assignee of that licence.

(10) The powers of the court on an application under this section shall be exercised with a view to securing that the inventor or other person beneficially entitled to a patent shall receive reasonable remuneration having regard to the economic value of the licence.

(11) No order shall be made in pursuance of any application under this section which would be at variance with any treaty or international convention relating to patents to which Singapore is a party. (12) For the purposes of this section and section 61, "integrated circuit" means a circuit, in its final or an intermediate fonn, in which the elements, at least one of

which is an active element, and some or all of the interconnections are integrally formed in or on a piece of material and that is intended to perform an electronic function.

Part XII
Use of Patented Inventions for Services of Government

(Special provisions as to Government use during emergency.)

65. Subject to sections 65A to 65C, the powers exercisable in relation to an invention by a Government department or a person authorised by a Government department under section 61 shall include power to make, use, exercise and vend the patented invention for any purpose which appears to the Government department necessary or expedient-

(a) to avoid prejudice to the security or defence of Singapore;

(b) to assist in the exercise of powers and the implementation of civil defence measures during a state of emergency or state of civil defence emergency under the Civil Defence Act; or

(c) for public non-commercial use.