The ASEAN Patent Examination Co-operation ("ASPEC") was launched on 15 June 2009.
It is the regional patent work-sharing programme among 9 participating ASEAN Member States IP Offices of Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, the Philippines, Singapore, Thailand, and Viet Nam.
Applicants may use the search and examination ("S&E") reports of participating IP Offices to accelerate the patenting process in any one of the other participating IP Offices.
From 27 August 2019, applicants can enjoy 2 new features under ASPEC:
- ASPEC AIM - a committed turnaround time of 6 months to receive the first office action if an ASPEC request is made for Industry 4.0 patent applications and
- PCT-ASPEC - additional choice of relying on a Patent Cooperation Treaty ("PCT") reports issued from an ASEAN International Searching Authority/International Preliminary Examining Authority ("ISA/IPEA")[1]
- Fast-track patenting process in any 9 ASEAN IP Office
- One common form with no additional fee
- Operate in English resulting in potential cost saving for translation
- ASPEC requests can be made electronically through the ASEAN IP Portal
You may consider using ASPEC if you have corresponding patent applications at any 2 participating IP Offices and one of the offices has issued an examination report[2] indicating at least one allowable claim. The participating IP Office that issued the examination report is the “first IP Office”. Under PCT-ASPEC, the ASEAN ISA/IPEA that issued the international preliminary examination report/written opinion is the first IP Office. The participating IP Office where the ASPEC Request Form is filed is the “second IP Office”.
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ASPEC
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ASPEC AIM
ASPEC Acceleration for Industry 4.0 Infrastructure and Manufacturing
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PCT-ASPEC
Patent Cooperation Treaty-ASPEC
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Feature
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Rely on national written opinion or final examination report issued by participating IP Offices
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Prioritise Industry 4.0 patent applications for 1st office actions to be issued within 6 months
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Broaden the use of ASPEC to rely on PCT reports issued from an ASEAN ISA/IPEA
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Duration and Capacity
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Since 2009
Acceptance of written opinion will be implemented for ASPEC request made on or after 15 June 2021
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4-year pilot (27 August 2019 to 26 August 2023)
50 applications per year
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Pilot extended (27 August 2019 to 26 August 2025)
100 applications per year
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Type of Invention
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All types
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Inventions related to Industry 4.0
(Refer to the applicable IPCs  here)
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All types
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Qualifying criteria
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ASPEC request can be filed at any participating IP Office if you have
(i) filed a corresponding patent application for the same invention in any other participating IP Office and
(ii) Written opinion or final examination report issued by one of the participating IP Offices with at least one allowable claim
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Scope
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Applicable to written opinion or final examination report established by participating IP Offices.
If IPOS is first IP Office, the result will be based on:
- a request for a search report (from Patent Form 10); or
- a request for a S&E report (from Patent Form 11); or
- a request for an examination report (from Patent Form 12)
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Applicable if the first IP Office determines that the invention is related to Industry 4.0
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Applicable to PCT reports established by ASEAN ISA/IPEA but not extended to supplementary international search reports
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Fee
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No additional fee
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Time period to file ASPEC request
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Any time before final decision of grant or refusal
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Procedures and documentation required
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1. File the following documents in the second IP Office:
- Completed ASPEC Request Form where applicable[2]
- Copy of the written opinion or final examination report of a corresponding patent application
- Copy of claims referred to with at least one allowable claim
If relying on a written opinion for ASPEC
2. Email (aspec@ipos.gov.sg) and the second IP Office ASPEC focal point with the following information:
- Application no. from first IP Office;
- Desired second IP Office and application no. in the Second IP Office;
- Date of request; and
- Applicant.
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1. File the following documents in the second IP Office:
- Completed ASPEC Request Form where applicable[3] (To indicate it is an ASPEC AIM request in the ASPEC form or cover letter)
- Copy of the written opinion or final examination report of a corresponding patent application
- Copy of claims referred to with at least one allowable claim
2. Email (aspec@ipos.gov.sg) and the second IP Office ASPEC AIM focal point[3] with the following information:
- Application no. from first IP Office;
- Desired second IP Office and application no. in the Second IP Office;
- Date of request; and
- Applicant.
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1. File the following documents in the second IP Office:
- Completed ASPEC Request Form where applicable[2] (To indicate it is an PCT- ASPEC request in the ASPEC form or cover letter)
- Copy of written opinion or international preliminary examination report established by an ASEAN ISA/IPEA for a corresponding patent application (International Search report should also be provided where applicable.)
- Copy of claims referred to with at least one allowable claim
2. Email (aspec@ipos.gov.sg) and second IP Office PCT-ASPEC focal point[3] with the following information:
- PCT application no;
- Desired second IP Office and application no. in the second IP Office;
- Date of request;
- Applicant.
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[1] Currently, ASEAN ISA/IPEA refers to the IP Offices of Singapore and the Philippines.
[2] For ASPEC request made on or after 15 June 2021, written opinion is an acceptable S&E result for all participating AMS IP Offices except the IP Office of Thailand. More than one written opinion from participating AMS IP Offices may be used.
[3] It is mandatory to submit an ASPEC request form to the IP Offices of Brunei Darussalam, Cambodia, Indonesia, Lao PDR., Malaysia, Philippines & Thailand.
IPOS has patent cooperation with the Ministry of Industry & Handicraft (MIH) of Cambodia and the Department of
Intellectual Property (DIP) of Lao People’s Democratic Republic (Laos) respectively to provide greater support to
innovators seeking protection in Cambodia and Laos. Under the cooperation, applicants will be able to:
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Laos |
Re-register their Singapore patents
at the MIH
A Singapore patent can be re-registered in Cambodia subject to the following conditions:
• The Singapore patent must be in force at the time of lodgement of re-registration request;
• The Singapore patent must have a filing date on or after 22 January 2003; and
• The Singapore patent must meet the Cambodian requirements for patentability
Applicants without an address for service in Cambodia may submit their request through a Cambodia patent
agent firm or law firm.
Please refer to detailed
guideline on the re-registration process.
The official form and continuation sheets for re-registering a Singapore patent in Cambodia are as
follows:
Official
Form and Continuation
Sheet
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Re-register their Singapore patents
at the DIP
A Singapore patent can be re-registered in Laos subject to the following conditions:
• The Singapore patent must be in force at the time of lodgement of re-registration request;
• The Singapore patent must have a filing date on or after 17 January 2002; and
• The Singapore patent must meet the Laotian requirements for patentability
Please refer to detailed guideline on
the re-registration process.
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| Cambodia |
Laos |
Submit an IPOS-issued Search and
Examination (S&E) report to MIH for the grant of a Cambodia patent application
Patent applicants who have a Cambodia related patent application may request IPOS to submit a copy
of the (i) final S&E report issued by IPOS and (ii) final specifications of the Singapore
related patent application to the MIH for the grant of a Cambodia patent application.
To facilitate the grant of the Cambodia patent application, the applicant may also request for the
specifications of the Cambodia related patent application to be amended accordingly to the final
specifications of the Singapore related patent application.
Please refer to the detailed
procedure for the submission process, including a non-exhaustive list of examples of related patent
applications.
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Submit an IPOS-issued Search and
Examination (S&E) report to DIP for the grant of a Laos patent application
Patent applicants who have a Laos related patent application may request IPOS to submit a copy of
the (i) final S&E report issued by IPOS and (ii) final specifications of the Singapore related
patent application to the DIP for the grant of a Laos patent application.
To facilitate the grant of the Laos patent application, the applicant may also request for the
specifications of the Laos related patent application to be amended accordingly to the final
specifications of the Singapore related patent application.
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Besides patents, applicants can also re-register their Singapore design in Cambodia. Click
here for more information.
A first in ASEAN, the Collaborative Search and Examination (CS&E) is a programme between the IP offices of Singapore and Viet Nam to speed up the patent search and examination process for innovators that wish to file patents in both countries.
This pilot programme will run from 1 March 2023 to 28 February 2025.
Features
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Complimentary CS&E
until 28 February 2025.
Official patent filing fees
still apply.
| Enhanced Prior Art Search
and Examination Results
through combined expertise
from both Offices. |
Benefits
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Accelerated First Office Action on the patentability of the invention for informed decision making, enabling innovative enterprises to determine their go-to-market strategy earlier. | Deferred Translation and Official Patent Filing Costs for the second office of filing until the applicant makes a subsequent filing for a claim of right of priority. | Prioritised Examination at the second office of filing if the claims filed in first office of filing sufficiently correspond to the claims referred to in the CS&E report issued by the second office of filing. |
Check that you meet the following criteria:
- Type of application: Application must be first filed in Singapore or Viet Nam, i.e., no priority claim and not a divisional application [1].
- Local representative/address: Applicant must fulfil the local representative/address for service requirements, as applicable in accordance with the respective national law [2].
- Claims criteria: Application should contain 20 or fewer claims including three or fewer independent claims.
- CS&E volume limit: The request for CS&E is made within the cap limits. A notification will be published on IPOS Digital Hub Banner once the monthly cap is reached.
- Cap per year: 20 (combined cap shared by IPOS and IP Viet Nam)
- Cap per month: 2*
- Cap per applicant: 2 per individual/entity per month
*Unutilised number will be rolled over to the following month, subject to a maximum cap of 4 per month. Cap resets every first day of the month.
[1] In the case of IPOS as Office A, application should not be under other acceleration programmes (i.e. SG IP FAST).
[2] In the case of IPOS as Office A, for the purposes of any proceeding before the Registrar, an address for service in Singapore shall be furnished. The applicant may also appoint an advocate and solicitor or any other person to act on his/her behalf and provide an address for service in Singapore (Singapore Patents Rules 31 and 91).
If you meet the above criteria, you can proceed to apply for the CS&E programme:
- To apply to IPOS as Office A, submit these documents concurrently to IPOS[3]
a. Request for CS&E,
b. Request for Grant of Patent (Patents Form 1), and
c. Request for Search and Examination Report (Patents Form 11) [For filing with IPOS on Patents Form 11, please select “CS&E (Collaborative Search & Examination)” under Request for Acceleration drop down list].
*Documents must be submitted in English [4].
- Respond to formalities deficiencies (if applicable): If a formalities deficiencies notification is issued, applicant must respond within two weeks from the receipt of formalities deficiencies notification to remain in the CS&E programme.
- To start the filing process with IPOS as Office A, please click here. To start the filing process with IP Viet Nam as Office A, please click here. IP Viet Nam also accepts paper filing.
[3] Patent protection is territorial. Patent rights can only be obtained by filing a patent application in the country you wish to obtain a protection.
[4] English will be the operational language for the duration of the pilot programme. For the duration of the pilot, exchanges of all documents between Offices will be in English or translated in English. English translations will be provided by the relevant Office for the duration of the pilot.
Official patents filing fees* | Filing with IPOS as Office A |
Request for Grant of Patent | Patents Form 1 $170 |
Request for Search and Examination Report | Patents Form 11 $2050 |
Request for Collaborative Search & Examination | No Fee |
*Fees as of 1 March 2023.