Singapore: a future Asian hub
Sanofi, Canon and ZTE were just three of the big-name brands represented at IP Week @ SG, an event hosted by the Intellectual Property Office of Singapore (IPOS) in August. Now in its fourth iteration, the initiative brings together local and international parties from the intellectual property world, including judges, lawyers, brands and academics, to discuss IP topics.
The event, which took place shortly before WIPR went to press (August 24 to 28), is one of several ways through which IPOS is aiming to realise its chief goal of becoming an Asian IP hub. To achieve this, IPOS has three broad aims in mind: improving “accessibility”, “quality” and “interoperability”, according to Tan Yih San, chief executive of the office.
Tan explains to WIPR some of the other initiatives that fall under the “accessibility” umbrella, including an IP financing scheme that allows local businesses to use their patents as collateral for bank loans. Launched in April 2014, the scheme “opens a new avenue for innovative companies to access capital that is needed to grow and expand”, says Tan.
The programme is mainly targeted at burgeoning IP-rich and asset-light companies in the technology sector, and to date there has been a healthy interest, he adds.
“Another initiative, launched in August 2014, is Singapore’s new IP management and strategy lab, the IP ValueLab,” Tan says. “A subsidiary of IPOS, the IP ValueLab promotes and develops IP management and strategy, IP commercialisation and monetisation, and IP valuation in Singapore.”
Working with businesses, the IP ValueLab develops guidelines, toolkits and case studies that help to enhance their strengths in these areas and ultimately help companies to unlock the value of their IP, according to Tan.
The office provides further support to businesses and inventors. It offers IP legal clinics, where experts advise on issues including dispute resolution strategies, business clinics—which allow companies to seek specific advice on business-related IP issues from practitioners—and IP consultations, where businesses can discover how their IP can be protected and exploited.
“In addition, for businesses keen to learn more about patent processes, Patents 201 workshops are catered to managers in technology transfer offices and patent agents who may glean useful insights from IPOS’s patent examiners as they elaborate on the examination process and offer advice on how to increase the chances of obtaining patents in Singapore and abroad,” says Tan.
New examinations
Singapore’s examination system has also undergone change. In February 2014, it switched from a ‘self-assessment’ to a ‘positive grant’ regime, which means that only patents with “fully positive examination reports” can be granted, according to Tan. Under the old system, patents could be granted even without fulfilling all the requirements for patentability.
The new framework raises the overall quality of patents granted in Singapore and aligns IPOS’s practices more closely with those in major markets such as Europe, Japan and the US, Tan explains, referencing the second of IPOS’s main aims—improving quality.
The higher bar to patentability seems to be reflected in the number of applications granted in 2014—5,538, which was 0.6% fewer than the previous year. However, this minor decrease may show that the changes have not had a significant effect, and we may be in a better position to assess overall trends at the end of this year.
IPOS’s report on patent data from 2014 provides interesting reading. There was a record high number of applications of 10,312, representing a rise of just over 6% from the previous year. From 2003 to 2014, there was a 30% rise in filings.
To put the 10,312 figure in context, in 2013—the latest year for which statistics are available—the Japan Patent Office (JPO) received more than 328,000 patent applications, while the US Patent and Trademark Office (USPTO) handled 615,243.
“IPOS continually engages with international stakeholders to increase cross-border IP cooperation, and to provide a connected and interoperable IP system for creators."
The 2014 report also showed that nearly 90% of patents filed last year came from non-Singapore residents, with applicants from the US, Japan, Switzerland and Germany some of the most prolific.
The top five technology fields represented were organic fine chemistry, pharmaceuticals, biotechnology, basic materials chemistry, and semiconductors. The Agency for Science, Technology and Research was the leading filer with 335 applications; Johnson & Johnson (J&J) Vision Care and Novartis were also in the top ten filers.
According to the report, 57 days was the average time from request for search and examination to the issue of a first office action (for first filings), and there were 47,422 patents in force—1.8% more than in 2013.
For trademarks, there were 39,554 classes filed in 2014, which was a 40% rise from those filed in 2009. Some of the most prolific filers in recent years have been Rovio, Disney and J&J.
“In terms of classes, the most represented in applications over the last three years has been class 9 (scientific, nautical, surveying, photographic, cinematographic, etc), which has received more than 3,700 applications annually from 2011 to 2013,” Tan tells us.
Connectivity
Despite its relatively small domestic market, Singapore is well positioned geographically to promote an interoperable IP system, Tan explains, moving on to the third of IPOS’s major aims.
“IPOS continually engages with international stakeholders to increase cross-border IP cooperation, and to provide a connected and interoperable IP system for creators.
“IPOS works closely with numerous IP offices to deliver efficient and quality IP services to businesses with the intention to venture overseas. IPOS is a keen supporter of the Patent Prosecution Highway (PPH),” he says.
The office has bilateral PPH arrangements with the ‘IP 5’ (USPTO, JPO, China’s State Intellectual Property Office, the European Patent Office, and the Korean Intellectual Property Office), and is also signed up to the Global PPH.
Perhaps the biggest achievement in IPOS’s efforts towards better interoperability came in September 2014, when it was appointed the ASEAN region’s first international authority for search and examination under the Patent Cooperation Treaty (PCT).
“With this appointment, businesses and innovators can use the PCT system through Singapore to seek patent protection in 148 countries in the world through a single international patent application,” Tan says.
“PCT applicants that choose IPOS as their international searching authority and international preliminary examining authority can count on the deep technical expertise available from IPOS’s patent examiner pool, 95% of whom are PhD holders.
“Another unique strength of IPOS is the ability of its examiners to conduct patent searches in English as well as Chinese. The growing importance of the ability to search in the Chinese language is underscored by the fact that patent applications in China grew at an annual average of more than 30% from 2009 to 2012. IPOS, with 25% of its examiners having the ability to conduct searches in Chinese, is uniquely placed to serve this need,” he adds.
IPOS is also the country-lead for a patent work-sharing programme between ASEAN countries called the ASEAN Patent Examination Cooperation (ASPEC), which allows patents to be fast-tracked within the region.
In addition, Singapore served as chair of the ASEAN Working Group on Intellectual Property Cooperation (AWGIPC) from 2013 to 2015.
“The AWGIPC is a strategic platform for the heads of ASEAN IP offices to discuss and work on new IP developments, and to better support the growth of the ASEAN IP ecosystem and the integration of the ASEAN economic community,” says Tan.
“Working in close collaboration, ASEAN has made notable progress in improving its IP ecosystem in recent years. Developments include continual enhancements to the ASPEC programme, as well as the formation of an ASEAN community of practice for patent examiners, in August 2013, which promotes patent work-sharing and the exchange of best practices in the region.”
Last year, IPOS International, another subsidiary, was added to the office’s family. It seeks to internationalise Singapore’s IP services and help IP-rich businesses grow in Asia and beyond, Tan explains.
“It also aims to market and deliver Asian-focused services, such as Asian-based search, examination and analysis services, IP professional training for emerging markets, such as ASEAN countries and China, as well as IP management consultancy,” he adds.
Reading through the World Economic Forum’s “Global Competitiveness Report 2014–2015”, which assesses the competitiveness landscape of 144 economies, IPOS seems to be on the right track in its drive to boost IP protection.
The report, based in part on survey responses, used 12 pillars to measure competitiveness, including innovation. Singapore came second overall to Switzerland, top in the Asia-Pacific category, and ninth for innovation. For IP protection, Singapore came joint top with Finland with a score of 6.2 out of 7.
A typical survey question was, “In your country, how strong is the protection of intellectual property, including anti-counterfeiting measures?” The scale ran from “extremely weak” (1) to “extremely strong” (7).
Singapore’s score trumped that of Japan (6), the UK (5.9), and the US (5.4), as well as Malaysia (5.2), which was the second highest-ranking ASEAN country after Singapore (and 25th overall).
While scores such as these are great for boosting the ego of an IP office, IPOS should not rest on its laurels. It now provides a host of services, not forgetting multiple outreach activities encouraging the general public to respect IP, as well as e-filing for IP applications, all of which will undoubtedly require fine-tuning and improving.
However, with the evidence on record, things are looking up at IPOS. And while becoming an IP hub in Asia will require competing with bigger and better-resourced countries such as China and India, that vision cannot be faulted.
