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As Southeast Asia are becoming globally competitive and attractive to foreign investors in a wide range of industries, Southeast Asia countries have become an essential destination for patent applications. However, it is not without challenge to obtain patent protections in the different countries in Southeast Asia. Afterall, it is still ten countries, encompassing Singapore, Malaysia, Thailand, Indonesia, Vietnam, Philippines, Brunei, Laos, Cambodia, and Myanmar, with varying levels of protection as well as different regulations and procedures for patents. Fortunately, Southeast Asia member states do have a strong understanding on the importance of establishing a robust IP regime for promoting innovation and encouraging international corporates to build their manufacturing and R&D facilities here. Therefore, regional collaboration and alignment efforts are evident in Soiutheast Asia on the safeguarding of patents to foster a more unified approach towards its protection.
One of the most concerning topics regarding patent prosecution is the time required for a patent application to be granted, which depends heavily on the examination process of the application. Recognizing the protracted nature of patent prosecution, particularly in most Southeast Asia countries where delays due to patent office backlogs are common, many patent applicants filing into Southeast Asia countries are eager to expedite the process in order to obtain timely examination and patent grants.
- Expediting Your Patent Grant in Southeast Asia Through the PPH Route
To facilitate and expedite the acceptance of a patent application in Southeast Asia countries, patent applicants, especially applicants from non-Southeast Asia countries, would utilize the search and examination results from other jurisdictions such as US, Europe, Japan and the like. The Patent Prosecution Highway (PPH) program is also used by applicants to accelerate patent examination in Southeast Asia countries. Apart from that, filing a PCT application is also a popular way (if the PCT examination result is positive) to facilitate the acceptance of patent application in Southeast Asia countries as local examiners from most Southeast Asia countries often refer to examination results from PCT when deciding patentability of the invention.
The PPH programme offers an alternative route to expedite patent prosecution in Southeast Asia. It allows an application deemed patentable by the Office of Earlier Examination (OEE) to undergo accelerated examination in the Office of Later Examination (OLE) upon request. The table below summarises the PPH programmes that some Southeast Asia IP offices participate in:
| Southeast Asia IP Office | PPH Participating Partner Offices |
| Singapore (IPOS) | BR (INPI – Brazil), CN (CNIPA – China), MX (IMPI – Mexico), EP (EPO – Europe), Global Patent Prosecution Highway (GPPH): As of 6 July 2020, 27 offices participate, including Australia, Canada, Germany, UK, Japan, Korea, and the US. |
| Malaysia (MYIPO) | US (USPTO – United States),CN (CNIPA – China), EP (EPO – Europe), JP (JPO – Japan), KR (KIPO – Korea) |
| Indonesia (DGIP) | JP (JPO – Japan) |
| Philippines (IPOPHL) | EP (EPO – Europe), JP (JPO – Japan), KR (KIPO – Korea), US (USPTO – United States) |
| Thailand (DIP) | JP (JPO – Japan) |
| Vietnam (IPVN) | JP (JPO – Japan), KR (KIPO – Korea) |
With the largest PPH network in Southeast Asia, Singapore allows foreign applicants to secure a patent via PPH and expedite regional grants through ASPEC.
- Expediting Your Patent Grant in Southeast Asia Through the ASPEC Route
A foreign patent applicant can expedite the examination process of their patent application in Singapore through the Patent Prosecution Highway (PPH) route, facilitating a faster grant of the patent. With a granted Singapore patent, the applicant may then proceed to expand the patent protection to other Southeast Asia countries through the Asean Patent Examination Co-operation (ASPEC) program. ASPEC is participated by 9 members including Singapore, Malaysia, Vietnam, Indonesia, Thailand, Philippines, Brunei, Cambodia, and Laos. Under ASPEC, an IP office from a participating Southeast Asia country can use the search and examination results from another participating Southeast Asia country as reference in its own search and examination work. Whilst it is not compulsory to utilize examination result from IPOS, considering the speed of the issuance of examination report from IPOS, adopting a positive examination result from IPOS can maximize the benefit of the ASPEC program to ease the grant of patent application in other Southeast Asia countries.
Summary: Two Key Steps for Global IP Firms to Accelerate Patent Grants in Southeast Asia with PPH & ASPEC
Step 1: Use PPH to Obtain Patent Grant in Singapore
Patent Applicants originating from any of the PPH countries can speed up the examination process of their patent application in Singapore patent office by referencing the examination results from their home IP Office. Such a work-sharing arrangement allows applicants to obtain corresponding patent to be granted faster and more efficiently.
Step 2: Use ASPEC to accelerate grant in Southeast Asia countries
Southeast Asia Countries, namely Singapore, Malaysia, Vietnam, Indonesia, Thailand, Philippines, Brunei, Cambodia, Laos are members of Southeast Asia Patent Examination Co-operation (ASPEC)
Through the ASPEC Programme, patent applicants can use the ASPEC Programme to share the search and examination results of Singapore Patent Office with patent offices of other Southeast Asia countries to allow them accelerating the grant of corresponding patents faster and more efficiently in Southeast Asia Countries.
Overall, Southeast Asia represents a promising avenue for businesses aiming to develop a global patent portfolio. By implementing a well-rounded strategy that incorporates applicable acceleration programs, expert guidance from experienced patent professionals, and proactive engagement with available patent systems, chances of obtaining a fast patent grant can be significantly increased while maximizing the value of your patent assets.
Regardless of whether Singapore serves as your primary market for business, it can play a pivotal role in your filing strategy for obtaining patent rights in other Southeast Asia countries. By leveraging Singapore’s advanced intellectual property infrastructure and streamlined patent processes, you can strategically use it as a gateway to navigate the patent landscape across the Southeast Asia region.