Patent laws in the region vary in their effectiveness. Regulations across jurisdictions to crack down on infringers are in a constant state of renewal and revision in order to stay ahead of those who steal intellectual property. Keeping the trolls at bay depends on staying abreast of regional developments in patent law. Here we provide the comparison of two regions in a patent law regarding their jurisdictions.

1. China

• Governing ordinance

Chinese Patent Law

• Regulator/s

National People’s Congress

• Do patents cover all types of inventions? If not, what are the exceptions?

Some types are excluded, including: inventions contrary to laws of the state; inventions contrary to social morality; inventions detrimental to public interest; scientific discoveries; rules and methods for mental activities; methods for disease diagnosis or treatment; plant varieties and animal breeds; substances obtained by nuclear transformation; designs for two dimensional printing goods with pattern, colour or a combination, which serve mainly as indicators.

• Must a patent holder mark its products?

No

• How long does it take to obtain a patent?

On average, 22 months. The applicant may expect to obtain an invention patent about three years after filing if request for substantive examination is filed in a timely manner.

• What are the costs of obtaining a patent?

An invention patent application about 5,000 words long in English will cost about US$6,000 from filing to grant, including official fees, attorneys’ fees and translation fees. A utility model or design application will cost between US$1,000 and US$1,500.

• Is there an absolute novelty requirement? Are there exceptions?

Yes, that the prior art covers any technology known to the public before date of filing in China or abroad. There is a grace period for non-prejudicial disclosures. In particular, an invention does not lose its novelty where, within six months before the date of filing : ( 1) it was first exhibited at an international exhibition recognized by the Chinese government; (2) it was first made public at a prescribed academic or technological meeting; (3) it was disclosed by a person without consent of applicant.

• What remedies are available to protect patent rights against infringement?

The court may grant a preliminary injunction, a permanent injunction and damages to the successful plaintiff.

• What constitutes an infringement?

For an invention or utility model, without permission of the patentee, make, use, promise the sale of, sell or import the patented product, or use the patented process and use, promise the sale of, sell or import the product directly obtained from the patented process, for production or business purposes. For a design, the rules are similar.

2. Singapore

• Governing ordinance

Singapore Patents Act (Cap 221)

• Regulator/s

The Intellectual Property Office of Singapore (IPOS)

• Do patents cover all types of inventions? If not, what are the exceptions?

Only inventions directed to methods of treatment of the human or animal body are expressly excluded from patentability in Singapore.

• Must a patent holder mark its products?

It is not mandatory to mark a patented product in Singapore. However, reliefs for infringement may be restricted if the defendant can show that at the time of infringement he/she had no knowledge that the patent existed.

• How long does it take to obtain a patent?

Two to three years from filing in Singapore, depending on the search and examination option selected and the number of written opinions issued.

• What are the costs of obtaining a patent?

S$10,000 (US$7,400) to S$15,000, assuming that local search and examination is requested, and depending on the number of written opinions issued.

• Is there an absolute novelty requirement? Are there exceptions?

Absolute novelty is required. However, a filing grace period is applicable for very limited disclosures e.g., disclosures made in breach of confidence, disclosures made by the inventor before a learned society, or displaying the invention at an international exhibition.

• What remedies are available to protect patent rights against infringement?

1) An injunction; (2) An order for deliver-up or destruction of the patented product; (3) Damages or an account of profits; and (4) A declaration that the patent is valid and infringed. An injunction will ordinarily be granted if the claim of infringement can be made out.

• What constitutes an infringement?

(1) For a product, the person makes, disposes of, offers to dispose of, uses or imports the product, or keeps it; (2) For a process, the person uses the process or offers it for use in Singapore; and (3) For a process, the person disposes of, offers to dispose of, uses or imports any product “obtained directly” by means of that process or keeps any such product.

Thus the difference of two regions regarding the patent law based on their jurisdiction as the abovementioned.

(source:https://www.vantageasia.com/regional-comparison-patent-law/#1508384155138-9d816496-ae0c)