Q: Good day to you, In singapore, can a patented product be altered for personal work use?
I wanted to get this particular folding rear rack for my E-bike. Problem is, that it extends the overall length of the ride which stops me from commuting the train due to MRT length limit. I was planning to alter the rack from it's current 2 fold to a 4 fold which on paper was possible. That is before I remembered the design is patented in singapore. This is strictly for my own use and since my LTA approved e-bike is not altered in anyway so I'm not breaching any law in terms of PAB rules & condition.
I hope you could kindly enlighten me with this.
Thank you so much in advance.
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A:
Hello,
Here are some key points regarding your question about altering a patented product for personal use in Singapore:
1. Patent rights in Singapore give the patent owner the exclusive right to exploit the invention, including making, using, offering for sale, selling or importing the patented product or process. Unauthorized alterations could potentially infringe on these rights.
2. However, there are some limited exceptions to patent infringement in Singapore's Patents Act, Section 66(2). One such exception is acts done privately and for non-commercial purposes. If your alteration of the folding rear rack is strictly for personal, non-commercial use, it may fall under this exception.
3. It's important to note that the exception is quite narrow and specific. If there's any commercial aspect to your use, or if your alteration is shared with others, it might not be covered by the exception.
4. Additionally, altering a product could potentially void any warranty or liability on the part of the original manufacturer. You would likely be assuming all risks associated with the altered product.
5. Given the complexity of patent law and the specifics of your situation, it would be prudent to consult with a qualified Singapore patent attorney for a more definitive answer tailored to your exact circumstances.
Patent laws can change, so it's always best to consult current legal resources and professionals for the most up-to-date and accurate guidance for your specific situation.
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