Rules of Procedure for the ASEAN Patent Examination Cooperation (ASPEC) Program

March 12, 2012

IPO OFFICE ORDER NO. 085-12

RULES OF PROCEDURE FOR THE ASEAN PATENT EXAMINATION COOPERATION (ASPEC) PROGRAM

SECTION 1. Objective. —

The purpose of ASPEC is to share search and examination results among participating ASEAN Member State (AMS) IP Offices. This will not only allow patent applicants making a request under ASPEC in any of the participating offices to obtain corresponding patents faster and more efficiently, it will also help to ease the workload of the examiners, reduce work, increase turnaround time; and generate better quality search and examination report.

SECTION 2. Coverage. —

The ASPEC program covers applications for patent filed in two or more AMS IP Offices. The IP Office where the application is first filed is herein referred to as "first IP Office" and the subsequent IP Office where the application is filed is herein referred to as "second IP Office".

SECTION 3. Filing an ASPEC Request by Applicant. — The Applicant himself or through the Local Agent submits to the AMS second IP Office:

a) A completed ASPEC Request Form (herein attached as Annex A); HCaEAT

b) The Search and Exam Report from the AMS first IP Office, and

c) A copy of the claims referred to in (b).

All documents submitted for the purposes of ASPEC must be in English.

SECTION 4. English Translation Required. — If the Search and Exam Report is not in English, then either (i) the Applicant arranges to submit an English translation of the ASPEC, or where preferred or if in accordance with the procedures and practice of the AMS IP Offices concerned, (ii) the AMS second IP Office contacts the AMS first IP Office directly to obtain an English translation of the ASPEC documents. The translation may be done by either the AMS first IP Office or the Applicant himself or through his Local Agent.

The English translation of any ASPEC documents submitted may need to be verified according to the requirements of the AMS second IP Office.

SECTION 5. Effect of Incomplete ASPEC Documents. — If the AMS second IP Office determines that any ASPEC document submitted by the Applicant is not complete, the AMS second IP Office shall inform the Applicant to submit that document.

In the AMS first IP Office, the patent application shall proceed accordingly.

SECTION 6. Use of ASPEC Documents in Examination. — The Patent Examiner in the AMS second IP Office proceeds to conduct the examination and can refer to the ASPEC documents only as additional reference.

SECTION 7. Filling out the ASPEC Survey Form. — The Patent Examiner in the AMS second IP Office shall complete the ASPEC survey form and submit a copy to the AMS first IP Office and to the Intellectual Property Office of Singapore.

SECTION 8. Effectivity. — These rules of procedure shall take effect on March 12, 2012.

For compliance. ScHADI

 

(SGD.) ATTY. RICARDO B. BLANCAFLORDirector General Intellectual Property Office