By Joel Cheong
Eddy Sun is the owner of a Singapore patent for a lightbulb which simulates the morning sun by emitting controlled UV radiation to provide purported health benefits for people who are averse to going outdoors. The patent discloses two ways to achieve this; firstly, using mercury vapour and secondly, through use of wavelength filters. The claims of his patent, granted in 2011, only cover the mercury vapour embodiment. He also has a corresponding European patent granted in the following year which claims cover both embodiments.
Five years later, Tetsu Lau, a competitor, releases a range of more efficient lightbulbs with wavelength filters in Singapore which are essentially the same as Eddy Sun’s second lightbulb embodiment but not covered by the Singaporean patent claims. In response, Eddy Sun initiates infringement proceedings against Tetsu Lau and files an application to amend the patent to be the same as the European patent.
Did Eddy Sun succeed in both – the infringement and the application to amend his patent?