Singapore attempt to patent concept of sky gardens

Sceptics contend bid is like seeking copyright protection for modernism
Tan Hui Yee, Straits Times 26 Nov 07;

A RELATIVELY unknown Singapore designer is defying industry experts by attempting to win a patent for his concept of high-rise gardens in apartment blocks.

Mr Lim Tong Kay wants to replicate the greenery found at ground level by stacking publicly accessible gardens at alternate levels of housing blocks.

Each garden space would be about two storeys high, allowing more space and light for trees and plants.

Mr Lim, 50, is not an architect but a project manager who once managed Punggol Marina.

He submitted his 'garden house in the sky' concept to the Intellectual Property Office of Singapore (Ipos) in April.

Ipos will conduct a range of checks, including those on the concept's originality, before deciding if it can grant the patent.

A patent means Mr Lim can stop others from using or copying his concept without his consent.

A decision from Ipos, which has granted 28 patents related to building design since 2004, may take about two years.

Mr Lim said his patent attempt was an effort to 'document something which is useful'.

Registering ownership of the idea, he said, would 'encourage other people to look at patents closely and look into developing the sky terrace concept'.

He wants to collaborate with developers, architects and consultants 'to advance this concept worldwide'.

Architects, however, have been quick to dismiss his ambitions.

Mr Siew Man Kok from MKPL Architects told The Straits Times: 'It is not possible for architectural designs to be patented.'

'All designs evolve from previous ideas. Can you imagine if someone tried to patent modernism?' he asked.

Mr Siew added that elements of Mr Lim's concept can already be found in existing or upcoming projects in Singapore.

Pinnacle@Duxton, a public housing project coming up in Tanjong Pagar, and some proposed precincts in Queenstown already have sky gardens at intermediate levels.

Award-winning architect Chan Soo Khian of SCDA Architects also expects the application to fail.

'I don't think it is correct,' he said, explaining that such a patent would restrict other architects' ability to explore various spatial concepts.

Intellectual property experts say, however, such a patent is technically possible.

Singapore laws do not preclude anything from being patented, Dr Stanley Lai, a lawyer from Allen & Gledhill, said.

As long as the product or method is new, inventive and has an industrial application, it has a chance, but not if it encourages offensive, immoral or anti-social behaviour.

So, while home-grown toymaker Stikfas has patented its figures' ball-and-socket design, something like a method of medical treatment would not be granted the same protection, as it would not be deemed to have an industrial application.

Although uncommon, patents for architectural concepts do exist elsewhere, such as in the United States.

Other countries, like Britain, however, do not award patents for literary, dramatic, musical or artistic work, which may include architectural concepts, Dr Lai said.

Last year, 9,164 patent applications were filed in Singapore. Seven per cent were made by local parties.

In the same period, 7,390 patents were granted. Six per cent went to local parties.