The ASEAN Patent Examination Co-operation (ASPEC) Programme was established on 15 June 2009 to allow IP Offices from participating ASEAN member states to utilise the search and examination results from another participating IP Office (the “first IP Office”) as reference. Each participating IP Office will grant the patent in the manner that is in accordance with its national law – i.e. there is no obligation to adopt any of the findings or conclusions reached by the first IP Office. Usefully, the process runs in English, avoiding much of the requirement for documentation (with the notable exception of the specification) to be generated in languages other than English during pendency of the application.
Traditionally, a copy of the search report and final examination report (among others) from the first IP Office must be submitted along with the request – where an ASEAN IP office was the International Searching Authority for an international application under the PCT (PCT application), it is considered to be the first IP Office and thus the International Preliminary Examination Report that issued on the PCT application can be used.
Starting from 15 June 2021, it will also be possible to request accelerated patent prosecution under the ASPEC program using a copy of a written opinion having at least one claim determined to be allowable (or a copy of the International Search Report and Written Opinion if a PCT application).
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