1. What is ASPEC?

The nine ASEAN Member States (AMS) IP Offices that are participating in the initiative are Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, the Philippines, Singapore, Thailand, and Viet Nam. The ASEAN Patent Examination Cooperation (ASPEC) is the first regional program for exchanging patent work. At participating AMS IP Offices, applicants will benefit from accelerated procedures from the moment they submit an ASPEC request until it is granted.

1.1. Benefits of ASPEC

ASPEC seeks to optimize the patent granting process across ASEAN by tackling three key issues: complexity, time delays, and search/examination quality. Its collaborative framework allows examiners to leverage resources and expertise beyond their national IP offices. Referencing prior searches and results from other AMS offices can broaden understanding of the claimed invention and uncover relevant prior art unavailable locally. This not only strengthens patent quality but also expedites the search and examination process.

Furthermore, ASPEC operates in English across participating offices, eliminating the need for translation unless specifically requested. This streamlines administrative procedures and reduces costs for applicants filing regionally. Additionally, ASPEC requests prioritize processing, advancing them ahead of the regular queue and significantly reducing overall patent pendency times.

In essence, ASPEC offers substantial time and cost savings for applicants seeking regional patent protection in ASEAN, while simultaneously enhancing the robustness and efficiency of the patent granting process.

1.2. How to qualify to use ASPEC?

Any participating AMS IP Office is where one can submit an ASPEC request. In order to be eligible for ASPEC, you must: (i) have search and examination documents issued by any other participating AMS IP Office with at least one claim determined to be allowable/patentable; (ii) have filled out a corresponding patent application for the same invention in any other participating AMS IP Office and the applications are linked by a Paris Convention priority claim.

1.3. What is the cost of using ASPEC?

The applicant at any member AMS IP Office does not have to pay for ASPEC. Local search and examination costs at the AMS IP Office will still be necessary, though.

A properly completed ASPEC Request Form, copies of the search and examination records of a related patent application for the same invention from any other participating AMS IP Office, and a copy of the claim mentioned in the reports filed are all that are required to request ASPEC from a patent applicant.

1.4. Where can I obtain more information about ASPEC?

For more information, you may wish to refer to the ASPEC Notice and Procedure available at the respective AMS IP Offices' websites or the ASEAN IP Portal

Participating in AMS IP Office	Participating AMS IP Office Website Address	Contact Detail for ASPEC Enquiries
Brunei Darussalam	http://www.bruipo.gov.bn/SitePages/Home.aspx	(673) 222 59 19
Cambodia	http://www.mcfa.gov.kh/#	(855) 16 830 323 direct dial (855) 23 72 57 47 official (855) 23 21 76 45
Indonesia	http://www.dgip.go.id	(62 21) 5790 5606
Lao PDR	https://dip.gov.la/	(856) 21 213 470 ext 154
Malaysia	http://www.myipo.gov.my	(603) 2299 8411 (DR CR)
Phillippines	http://www.ipophil.gov.ph/	(632) 7238 6300
Singapore	http://www.ipos.gov.sg	(65) 6339 8616
Thailand	http://www.ipthailand.go.th/en/	(66 2) 528 70 10
Vietnam	https://ipvietnam.gov.vn/en/web/english/home	(+844) 3858 3069

2. What is PCT-ASPEC

The Patent Cooperation Treaty (PCT) – ASEAN Patent Examination Cooperation (ASPEC) initiative is known as PCT-ASPEC. This is one of the new ASPEC features that was unveiled on August 27, 2019.

A single international patent application can be filed under the PCT, an international treaty. The application is then processed by the World Intellectual Property Organization (WIPO), a centralized authority, and forwarded to various national or regional patent offices for review and approval. By offering a centralized S&E process and a standardized application method, the PCT streamlines the patent filing process for applicants looking to get protection across several nations or regions.

Through a partnership between WIPO and the member states of ASEAN, the PCT-ASPEC program allows PCT applicants to request an accelerated examination of their patent applications in an AMS IP Office by providing an S&E report from another AMS IP Office on the relevant application. Thus, PCT-ASPEC offers a further way for patent applicants to take advantage of the resources and experience of several participating nations while also accelerating the patent examination process in ASEAN countries.

What are the minimum required documents for requesting ASPEC and PCT-ASPEC

The applicant is required to file a duly completed ASPEC Request Form in the second IP Office. (Note: The ASPEC Request Form is not required to be filed in the first IP Office).

The ASPEC Request Form shall be accompanied by the following documents:

a copy of the written opinion or the examination report (“minimum documents”) of a corresponding application from the first IP Office, and
a copy of the claims referred to in the minimum documents submitted, with at least one claim determined by the first IP Office to be allowable/patentable.

At the time of filing the ASPEC request, in addition to the above required minimum documents, the claim correspondence table should be further submitted to facilitate the examination process.

The submission by the applicant of the S&E results issued by an AMS for an unpublished application to another AMS Office is consent for the other AMS to use the S&E results. For unpublished applications, the S&E results issued by the IP Office of the Philippines in this regard constitute a waiver of confidentiality.

The applicant can submit more than 1 written opinion from participating AMS IP Office if the written opinions support the scope of the patent application.

For the PCT-ASPEC form, the documents required for requesting PCT-ASPEC are:

a copy of the written opinion/international preliminary examination report (“WO/ISA, WO/IPEA or IPER”) established by an ASEAN International Searching Authority/International Preliminary Examining Authority (ASEAN ISA/IPEA) (“minimum documents”) relating to a corresponding application from the first IP Office; and
a copy of the claims referred to in the minimum documents submitted, with at least one claim determined by the first IP Office to be allowable/patentable.

The duly completed ASPEC request form must be submitted together with the above documents. If the second ASEAN IP Office does not require the submission of an ASPEC Request Form, a cover letter indicating the request for PCT-ASPEC with the second IP Office should be submitted instead.

For PCT-ASPEC requests, applicants should indicate that the request is for PCT-ASPEC in the ASPEC form under Remarks. In addition, applicants are required to email the monitoring authority (aspec@ipos.gov.sg) and respective PCT-ASPEC focal point, providing the following information:

PCT application no;
Desired second IP Office and application no. in the second IP Office;
Date of request; and
Applicant

It is possible to make a PCT-ASPEC request at the second IP Office even if the second IP Office is also an ASEAN ISA/IPEA.

It is also possible to make a PCT-ASPEC request and an ASPEC AIM request simultaneously at the second IP Office. There can be a written opinion/international preliminary examination report established by an ASEAN ISA/IPEA and the patent application contains at least one IPC code that matches with the IPC codes provided in Appendix 1. Please indicate that this is a PCT-ASPEC and ASPEC AIM request in the ASPEC form

3. Challenges and Opportunities

ASPEC presents a double-edged sword. While its potential to bolster regional innovation and streamline patent acquisition across Southeast Asia is undeniable, navigating the treacherous landscape of its implementation throws up challenges that demand unwavering commitment and meticulous action.

Firstly, harmonizing divergent national patent laws poses a complex hurdle. Imagine navigating a legal labyrinth, where each twist and turn reveals a new set of rules and interpretations. Ensuring consistent application and avoiding inconsistencies in granting patents across member states requires continuous efforts toward regional harmonization. Failing to achieve this could lead to confusion, legal battles, and ultimately, a dampening of the very innovation ASPEC seeks to encourage.

Secondly, bridging the chasm of uneven expertise among participating National Patent Offices is imperative. Picture a team of climbers scaling a mountain, where some members are nimble mountaineers and others struggle with basic footwork. Without robust training programs and knowledge-sharing initiatives, the less equipped NPOs risk becoming bottlenecks, slowing down the entire process and jeopardizing the quality of patent examinations. Addressing this disparity demands targeted capacity building, ensuring a level playing field where all NPOs operate with the same proficiency and rigor.

Thirdly, raising awareness about ASPEC amongst the intended beneficiaries is crucial. Imagine offering a sumptuous feast to guests unaware of the banquet. Unless inventors, businesses, and IP professionals understand the advantages ASPEC offers, its potential remains untapped. Comprehensive awareness campaigns targeting diverse stakeholders are key to unlocking this initiative's true power. From grassroots workshops to targeted industry briefings, every avenue must be explored to ensure ASPEC's transformative potential reaches the hearts and minds of those it aims to empower.

Yet, amidst these challenges lie opportunities so dazzling they outshine the obstacles. Imagine a future where inventors across ASEAN seamlessly navigate the patent landscape, their ideas blossoming into protected innovations with remarkable speed. This is the transformative vision ASPEC offers.

By fostering a collaborative spirit, harmonizing legal frameworks, nurturing expertise, and igniting awareness, ASPEC can transform the region into a global innovation powerhouse. This is not just about patents; it's about unleashing the creative energy of millions, attracting strategic investments, and propelling ASEAN onto the world stage as a beacon of ingenuity and progress. The challenges are undeniably complex, but the potential rewards are immeasurable. ASPEC stands at the precipice of a new era for Southeast Asia, an era where innovation thrives and collaboration reigns supreme. Embracing the challenges and maximizing the opportunities is the ultimate test, one that demands collective commitment and unwavering resolve. The future of regional innovation hinges on how well we answer this call.

4. Conclusion

ASPEC marks a significant milestone in ASEAN's journey towards becoming a knowledge-based economy. By fostering a collaborative approach to patent examination, it promises to empower inventors, accelerate innovation, and attract vital investments. Addressing the challenges head-on while building on the inherent strengths of this initiative will pave the way for a more robust and vibrant innovation ecosystem across the region. ASPEC's success holds the potential to propel ASEAN onto the global stage as a hub for cutting-edge technologies and knowledge-driven development

If you need further explanation on this subject, please don't hesitate to contact us through email at dung@luatminhkhue.vn or phone number: +84986 386 648. Lawyer To Thi Phuong Dzung.