Patent Litigation in Practice Series: Spotlight on Singapore: The Simplified Process vs Express Track in Singapore
Written By
Partner
Singapore
As a partner in our Intellectual Property Group in Singapore and part of the Media, Entertainment & Sports team, I focus on contentious IP matters including IP infringement litigation, patent revocation actions and trade mark oppositions, but also advise clients extensively on non-contentious matters including IP commercialisation, patent and trade mark freedom-to-operate issues and brand protection.
Associate
Singapore
I am an associate in our Intellectual Property Group in Singapore. My practice covers both the contentious and non-contentious aspects of intellectual property, with a particular focus on enforcement and dispute resolution.
Every month our international team of patent litigation experts provides a practical insight into different aspects of patent litigation in their jurisdiction. This month, we continue with Singapore and the use of the simplified process and the express track in Singapore patent infringement proceedings.
Patent litigation is well-known for being time-consuming and costly. However, Singapore has recently introduced two new litigation frameworks that could expedite the resolution of patent disputes in Singapore.
First, a simplified track for Intellectual Property (“IP”) litigation (the “Simplified Process”) was introduced on 1 April 2022 with the aim of making IP dispute resolution more accessible to and affordable for individuals and small and medium sized companies. More recently, on 1 July 2024, an “Express Track” for all actions in the General Division of the Singapore High Court (which would include patent disputes) was implemented with the aim providing an expedited procedure for matters that are unsuited for disposal by way of an originating application or summary judgment, but that can be resolved within up to 4 days of trial.
We provide a comparison of the two frameworks below.
Simplified Process vs Express Track
| Feature | Simplified Process |
Express Track |
| Requirements |
There are 3 requirements:
|
Applies to all originating claims in the General Division of the Singapore High Court. |
| How to Apply | A claimant can elect for the Simplified Process to apply (and in doing so will have to abandon any claim for monetary relief exceeding the SGD 500,000 limit). Alternatively, the Court may order the Simplified Process to apply, either on its own motion or on a party’s application, if it considers the claim suitable for the same. |
All the parties to the action must consent and apply for the Express Track to apply, no later than 2 months after the filing of the last pleading. |
| Cap on costs |
|
