Protection of Graphical User Interfaces as Registered Design Rights or Design Patents in Singapore

The official fee for filing a design application for a GUI (using Form D3) is S$200 in respect of each design (“Registration Fees”). The Registration Fees are the same for additional applications.  

• Yes. The initial period of registration of a design is 5 years from the date of registration of the design. Thereafter, the maintenance or renewal fees (“Renewal Fees”) to extend the period of registration (through a renewal application using Form D8), for a total registration period of 15 years.
• Fees:
  • 1^st renewal (for a period of 5 years): S$220
  • 2^nd renewal (for a period of 5 years): S$330
  • Late renewal (additional fee): S$50 
• Renewal Fees are due between 6 months from the end of the current registration period of the design until the end the current registration period. A late renewal application must be made within 6 months after the end of the current registration period.

• Once the SGIPO has examined the application, and assuming that there are no objections raised and/or issues with the application, a design is usually registered about four months from the date of filing of the application.
• If there are any issues, the SGIPO will notify the applicant and give them 3 months (which can be further extended with an extension of time request) to resolve the issues.
• Once the design is registered, the SGIPO publishes the design (unless the applicant has applied to defer the publication of their design - see our response to question 7 below).

From 30 October 2017, the grace period in Singapore is 12 months from the date of disclosure for an individual to apply for and obtain design protection of a publicly disclosed design.

• The applicant can choose to defer the publication of their design for up a maximum of 18 months from the date of filing of the application. 
• The request for deferment must be made during the application of the registered design (in Form D3), accompanied by a fee of S$40 in respect of each request (in addition to the Registration Fees). 
• The applicant can write in to inform the Registrar to publish a deferred designed publication ahead of its deferred publication date.

A PoA is not required, however the application form contains declarations including a declaration that an agent who is submitting the form on behalf of the applicant is duly authorised to submit the application on behalf of the applicant(s).

• If an applicant claims a right of priority, particulars of that claim must be included in the application form (Form D3) at the time of filing the application form. These particulars include:
  • Country/territory where each priority application was filed;
  • Date of each priority application;
  • Classification of each relevant article or non-physical product to which the design is intended to be applied;
  • If claiming priority for some of the articles or products only, specify those articles or products; and
  • If claiming priority from multiple priority applications, indicate which articles or non-physical products the priority right is claimed for under each priority application.
• The applicant must provide the application number of each priority application in a Convention country (i.e. a country or territory which is (a) a party to the Convention for the Protection of Industrial Property signed at Paris or (b) a member of the World Trade Organisation), where available, within 3 months after the date of the SGIPO’s request for it. The SGIPO may also at any time require the applicant to file a certificate by the registering or other competent authority of the country or territory concerned to verify the information provided in the application.

The examination stage of a design registration is used by the SGIPO to consider possible formality issues only (and is not used as a substantive examination of the application), i.e. this stage is essentially an assessment conducted by the SGIPO to ensure the design is registrable according to the legal and procedural requirements of a registered design. The SGIPO, in determining whether to accept an application for design registration, is not required to consider the registrability of the design.

• No. Design applications are generally only subject to a formalities examination.
• However, the SGIPO may refuse an application if the design is, on the face of the application, not new or registrable. The SGIPO has also released previous guidance emphasising that they will conduct heightened checks for declaration of novelty in design applications.
• Further, post grant, third parties will be able to object to the registration by challenging the validity of the registration on the basis of, for example, prior designs already in existence (e.g. by pointing to prior art which invalidates the registered design’s novelty/individual character. 

Yes, priority claims are examined although such examination is limited to formal requirements only. Please refer to our response to Question 9 on the particulars to be included in the application form.

No, it’s not possible for a third party to oppose a design application prior to grant. The only opportunity to challenge a design is through a revocation action after registration.

Each application should have a sufficient number of different views to completely disclose the appearance of the design. A total of up to 40 different views of the same GUI may be filed, and at least 2 views should be filed for a single dynamic GUI. The SGIPO may, on written request, allow for more than 40 views to be filed.

• Yes, a GUI involving a sequence or animations is known as a dynamic GUI and can be filed in (and protected within) a single design application for a GUI. 
• Dynamic GUIs are filed in a single application as a series of static representations, with each representation (in the form of a drawing or photograph) showing a freeze-frame of the GUI. Video uploads are not currently accepted by the SGIPO. 
• As far as possible, the representations must be filed in consecutive order.

• Yes, an applicant may disclaim any right in relation to a specified feature of the design.
• Written and visual disclaimers must be set out in the application form. A visual or written disclaimer will be acceptable if it is clearly and consistently represented and/or described. An applicant may consider stating that certain parts of a design are not include and support the submission of the disclaimer by providing representation and/or relevant description.
• A disclaimer that is accepted by the SGIPO will be entered in the Register. 
   

• Parts for which protection is being sought should be identified in solid lines, while those for which protection is not sought should be indicated in broken or stippled lines, or shaded portions, and these disclaimed portions are to be indicated in the application form accordingly.
• The below images illustrate some of the SGIPO’s issued guidelines on acceptable and unacceptable images.

• GUIs (or elements of GUIs such as icons, layouts, or other visual features) may be protected if they qualify as an artistic work under the Copyright Act 2021 (“CA”).
• They may also be protected as a registered trade mark pursuant to the Trade Marks Act 1998, through the registration of elements in the GUIs, such as icons, brands or logos.

• In relation to copyright,
  • a GUI that has been registered as a design pursuant to the Registered Designs Act 2000 (“RDA”) and qualifies as an artistic work under the CA will only obtain protection under the RDA and not be protected under the CA.
  • a GUI that has not been registered as a design pursuant to the RDA and qualifies as an artistic work under the CA, and where (1) the corresponding design has been applied industrially (whether in Singapore or else) to articles or product; (2) the copyright owner has consented to such industrial application; and (3) the articles, products or devices have been commercially dealt with, the design (as an artistic work) will not be protected under the CA beginning from the date of the first commercial dealing in those articles, products or devices. After 15 years from this date, the bar to copyright protection is also extended to include any similar designs. 
  • Paragraph (ii) above does not apply to articles, products or devices where (1) the corresponding design applied to the article or product is primarily artistic in character and (2) when the article, product or device is commercially dealt with, designs for the article, product or device are excluded from registration by rules made under the RDA or the Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c. 88).
• Trade mark rights typically co-exist along registered design rights. A GUI can be registered as a trade mark, lasting indefinitely if renewed.

• Seeking to protect design ideas or concepts: design applications for GUIs are most likely to face obstacles where they seek to protect design principles or ideas (such as a type of motion sequence, a style of movement, a method of transformation of on-screen elements, or an animation concept) which could visually manifest in a variety of ways. SG registered designs only protect the specific appearance of the filed design, against others using designs producing the “same overall impression”. Designers should take account of the limitations of the registered designs system when seeking protection for visual design principles.
• Excluding variable design elements from protection: although the applicant can include disclaimers/limitations in their design application, there is a difficulty with attempting to exclude content that is likely to change with use/when being interacted with by the user, and which is therefore dynamic and not ‘fixed’. There is often added complexity when the design needs to exclude specific elements which may change and evolve, and which the applicant is not seeking to protect, whilst still claiming protection in the overall appearance of the GUI.
• Attempting to illustrate animations: There may be difficulty in depicting more elaborate or complex animations/elements as submissions are limited to static illustrations (as opposed to video submissions), if the precise way in which multiple on-screen elements are moving and changing is not obvious from the illustrations.

• Applicants may provide, in a cover letter or separate document accompanying the application form, an explanatory statement for each representation to clearly describe the elements in the GUI (e.g. how they are activated, how they interact, whether the GUI only appears in an “on” state, whether certain GUI elements subsequently arise from user interaction, etc.).
• Along with submitting multiple representations to accurately define your GUI, it is also important to use disclaimers to ensure the application is not invalidated by giving the impression that additional sequences/animations are intended to be protected.
• As with all Singapore registered design applications, we recommend professional legal advice is sought to obtain expert advice on the best way to present your GUIs. We have a dedicated Intellectual Property practice available to advise on this complex area of law. Further information can be found here.

• While an applicant may be able to file the application in French, Spanish or English with WIPO under the Hague Agreement, all forms filed with IPOS in Singapore must be in English.
• The Hague Agreement allows for a maximum of 30 months of deferment of publication of the application. This is subject, however, to the accepted deferment dates for the relevant designated country; for example, for Singapore, this would be subject to the shorter deferment period of 18 months from the filing date. of deferment. If an international registration designates Singapore and the applicant wishes to proceed for more than 18 months of deferment, the applicant may have to withdraw Singapore from the list of designated countries.

No, there are no known anticipated changes regarding the protection of GUIs.