Fast-Track Your Patents in Southeast Asia:
A Strategic Guide to Accelerated Patent Protection
Securing patent protection in Southeast Asia is crucial for businesses looking to expand and safeguard their innovations. Understanding each country’s unique patent examination procedures can streamline applications and accelerate approvals.
This guide provides an overview of patent prosecution processes across Singapore, Malaysia, Brunei, Indonesia, Thailand, the Philippines, Vietnam, and Cambodia. It covers key aspects such as:
- Modified Substantive Examination (MSE): Options to adopt claims from approved patents in major jurisdictions for a faster review.
- Expedited Substantive Examination (ESE): Accelerated processing pathways to obtain patents quicker.
- Patent Prosecution Highway (PPH): Fast-tracking patent applications through international cooperation with key patent offices.
- Special Recognition Programs (Cambodia): Unique opportunities for patent re-registration and validation based on existing patents from Singapore, China, the US, Japan, Korea, and Europe.
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1. Singapore |
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| MSE (Modified Substantive Examination) | N/A – Since 1 Jan 2020, every Singapore Patent Application must go through Local Examination. |
| ESE (Expedited Substantive Examination) | N/A – SG IP Fast expired on 31/12/24. |
| PPH (Patent Prosecution Highway) | – GPPH (Global Patent Prosecution Highway) – BR (National Institute of Industry Property Ministry of Economy of Brazil – INPI) – CN (China National Intellectual Property Administration – CNIPA) – MX (Mexican Institute of Industrial Property – IMPI) – EP (European Patent Office – EPO) |
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2. Malaysia |
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| MSE (Modified Substantive Examination) | Applicant can request for an MSE to adopt the claims of a corresponding application granted in one of these six jurisdictions: US, EP, AU, JP, KR, and UK. |
| ESE (Expedited Substantive Examination) | – An applicant can request expedited substantive examination once the application is available for public inspection. – The request must be accompanied by a prescribed official fee and a Statutory Declaration stating the grounds for the request. |
| PPH (Patent Prosecution Highway) | – CN (China National Intellectual Property Administration – CNIPA) – EP (European Patent Office – EPO) – JP (Japan Patent Office – JPO) – KR (Korean Intellectual Property Office – KIPO) – US (USA Patent & Trademark Office) |
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3. Brunei |
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| MSE (Modified Substantive Examination) | Examiners shall adopt claims from corresponding applications allowed/granted in major jurisdictions (US, EP, AU, JP, KR) to expedite local examination. |
| ESE (Expedited Substantive Examination) | Not Available (N/A) |
| PPH (Patent Prosecution Highway) | Available with Japan (JPO – Japan Patent Office) |
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4. Indonesia |
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| MSE (Modified Substantive Examination) | Examiners may suggest applicants adopt claims from corresponding applications allowed/granted in major jurisdictions (US, EP, AU, JP, KR) to expedite local examination. |
| ESE (Expedited Substantive Examination) | Not Available (N/A) |
| PPH (Patent Prosecution Highway) | Available with Japan (JPO – Japan Patent Office) |
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5. Thailand |
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| MSE (Modified Substantive Examination) | Examiners may suggest applicants adopt claims from corresponding applications allowed/granted in major jurisdictions (US, EP, AU, JP, KR) to expedite local examination. |
| ESE (Expedited Substantive Examination) | Target Patent Fast-Track Program – Invention patent with substantive examination requested or petty patent submitted at least 3 months prior. – In medical science & public health, beneficial to public and commercializable. Applicant must plan to produce, distribute, or license. First filed in Thailand (no priority claim) or NPE into Thailand of PCT application via Thailand’s receiving office.- Filed via e-filing system. No more than 10 claims. Request filed on 1st-10th of each month. |
| PPH (Patent Prosecution Highway) | Available with Japan (JPO – Japan Patent Office) |
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6. Philippines |
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| MSE (Modified Substantive Examination) | Examiners may suggest applicants adopt claims from corresponding applications allowed/granted in major jurisdictions (US, EP, AU, JP, KR) to expedite local examination. |
| ESE (Expedited Substantive Examination) | Not Available (N/A) |
| PPH (Patent Prosecution Highway) | Available with: EP (European Patent Office) – JP (Japan Patent Office) – KR (Korean Intellectual Property Office) – US (USA Patent & Trademark Office) |
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7. Vietnam |
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| MSE (Modified Substantive Examination) | Examiners may suggest applicants adopt claims from corresponding applications allowed/granted in major jurisdictions (US, EP, AU, JP, KR) to expedite local examination. |
| ESE (Expedited Substantive Examination) | A request for accelerated examination can be filed (Article 9.6 of Circular 01/2007/TT-BKHCN, as amended by Circular No. 16/2016/TT-BKHCN). However, acceptance is rare. |
| PPH (Patent Prosecution Highway) | Available with: JP (Japan Patent Office), KR (Korean Intellectual Property Office) |
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8. Cambodia |
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| Re-registration of Singapore Patents | Allows for expedited registration of a Singapore patent in Cambodia. | – Singapore patent must be in force at the time of lodgement. Singapore patent must have a filing date on or after January 22, 2003.Singapore patent must meet Cambodian patentability requirements. |
| Re-registration of Chinese Patents | Allows for expedited registration of a Chinese patent in Cambodia. | – Chinese patent must be in force at the time of lodgement. Chinese patent must have a filing date on or after January 22, 2003. Chinese patent must meet Cambodian patentability requirements. |
| Validation of European Patents | Allows for validation of a European patent (filed on or after March 1, 2018) in Cambodia, granting essentially the same protection as EPO-granted patents. | – Filing date after January 22, 2003. US patent application with the same earliest date (priority or filing) as the Cambodian (KH) application. US patent application deemed patentable by the USPTO. Claims in the KH application amended to match one or more claims in the granted US patent. |
| Accelerated Grant of Patent using US Patent | Speeds up the patent grant process in Cambodia by leveraging a corresponding granted US patent. | – Filing date after January 22, 2003. US patent application with the same earliest date (priority or filing) as the Cambodian (KH) application. US patent application deemed patentable by the USPTO. Claims in the KH application amended to match one or more claims in the granted US patent. |
| Facilitating Patent Grant Program (CPG) using Japanese Patent | Facilitates faster patent grant in Cambodia based on a corresponding granted Japanese patent. | – Filing date after January 22, 2003. Japanese patent application with the same earliest date (priority or filing) as the Cambodian (KH) application. Japanese patent application granted by the JPO (Japan Patent Office). Claims in the KH application amended to match one or more claims in the granted Japanese patent. |
| Patent Recognition Program (PRP) using Korean Patent | Streamlines the patent grant process in Cambodia by utilizing a corresponding granted Korean patent. | – Filing date after January 22, 2003. Korean patent application with the same earliest date (priority or filing) as the Cambodian (KH) application. South Korean patent application granted by KIPO (Korean Intellectual Property Office).Claims in the KH application amended to match one or more claims in the corresponding granted Korean patent. |
By leveraging these mechanisms, businesses can reduce time-to-market, enhance intellectual property protection, and gain a competitive edge in the region. Whether expanding into fast-growing ASEAN markets or ensuring seamless patent recognition, this guide is your roadmap to efficient and effective patent filing.
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