ASEAN PATENT EXAMINATION CO-OPERATION (ASPEC)PROGRAM IN VIETNAM
Overview
The ASEAN Patent Examination Co-operation (ASPEC) is the first regional patent
work-sharing program among ASEAN IP Offices, with objective of reducing
duplication of the patent search and examination (S&E) work, thereby saving timeand improving the quality of S&E results.
Currently, almost all the ASEAN member states (AMS) are part of this program
includes:1.

Brunei Darussalam,

2.

Cambodia,

3.

Indonesia,

4.

Lao PDR,

5.

Malaysia,

6.

Philippines,

7.

Singapore,

8.

Thailand and9.

Vietnam.

With ASPEC, one application claims priority from another or both applications claim
priority to the same basis application. Although the S&E results carried out by one
Office is not binding on other Offices, it is of persuasive value. In other words, theS&E results of another AMS IP Office serves as a useful reference in producing
quality reports.
In addition, ASPEC operates in the English language on all participating AMS IPOffices, so it is time-saving and resources. Besides, there is free-of-charge to theapplicant at any participating AMS IP Offices. However, local search andexamination fees at AMS IP Offices will still apply.
Some of AMS IP Offices allow the ASPEC request be filed when responding to an
adverse report and, in accordance with the National Office of Intellectual Property(NOIP), even any time before a final determination of grant or refusal in Vietnam.

Eligibility
All patent applicants are allowed to participate in the ASPEC program, if they satisfy
any one of the requirements under the ASPEC system works. For the purposes ofillustration, below is a graphical representation of ASPECs scenarios. And it
represents a Corresponding Application with respect to a Vietnam Application, if theASPEC Request Form is filed with the NOIP:

Paris Convention Priority Link
Scenario 1:

Vietnam(Second IP Office)Singapore(First IP Office)(Priority application)

Scenario 2

Japan(Paris Convention member)(Priority application)
Singapore(First IP Office)Vietnam(Second IP Office)PCT Link
Scenario 3:

PCT Application(No Priority claim)

Singapore(First IP Office)Vietnam(Second IP Office)Scenario 4:
Japan(Paris Convention member)(Priority application)

PCT Application

Vietnam(Second IP Office)Singapore(First IP Office)Required Document
Patent Applicants shall be met just one common form – the ASPEC Request Form,
without the need to pay any fee.

The following English documents may berequested and furnished together with the said form:-

A copy of the search report (if required);-

A copy of the examination report;-

A copy of claims referred to in the examination report; and-A claim correspondence table (optional).

Where the above-listed documents are not filed in English language, patent applicant
may file a verified or, where required, a certified English translation of the documentswith the relevant patent office.
In Vietnam, the NOIP requires patent applicants to file a verified English translation
only in cases “when there are contradiction(s) or doubts or the likes in the content ofthe ASPEC documents”.
PCT, PPH & ASPEC – Comparison in examination
PCT

S&E Report

PPH*

S&E byS&E Reportfrom the S&E Report(s) from any

examiners at theOffice

firstNOIP; ISA; IPEA

(bilateral agreement)

ofImproved
theof A lot of limited

S&E Reportand shortcomings

filing participating

sincereferenceshelptodevelop

their search criteria orstrategy

more

reducing
and/orquickly,searchingassisttheyIPOffice(multi-agreement)

qualityexaminers
Quality

ASPEC

tounderstand the claimed
invention faster

Improved quality since thereferences help examiners
todevelop

theirsearchcriteria or strategy more
quickly, reducing searching
and/orassistunderstandthetheytoclaimed

invention faster

Expedited S&E work as anExpedited
Examination

Expedited examination ofUp to 18 months

PPH

applications

advanced out of turn–IP Office can refer to theS&Ework

Action (OA)

1.5 – 2 years

6 months

anotherparticipating IP Office –advanced out of turn until
grantFirst Officeof6 months

GrantCertificate

Grant certificate will be3 – 4 years

processedandissued

faster than normal

Grant

certificate

will

be

processed and issued in
shortened within the normal
timeframe

Examination
request shall be
Examination submitted

within PPH request is required

request42termcounted from the point in time

months to be filed at a specificfiling date or theASPEC request can be
filed at any time before a
final determination of grantor refusal

date of priority
Language

VietnameseEnglish

English*The PPH between the JPO and the NOIP is on a trial basis and is expected to cometo effect on April 1, 2016

If you need any further information or assistance, please feel free to ask us.
We thank you for your kind attention and remains.
Revised by Nguyen Hoa Binh (Mr.)
Partner, Patent Attorney
DAITIN & ASSOCIATES CO., LTD.
(IP Agent in Vietnam, Laos, Cambodia and Myanmar)
Ho Chi Minh City&Hanoi
No. 19 Hoang Dieu Str., District 4, Ho Chi Minh City, Vietnam
T: +84-4-6270 0022; F: +84-4-6270 0020; M: +84 9633 7 4499
Email:
binh@daitin.com.vn ; info@daitin.com.vn
Website: www.daitin.com.vn
A member of: INTA & APAAASPEC Q&AWHATIn Vietnam, the National Office of

ASPEC stands for the ASEAN PatentIntellectual Property (NOIP) requires toafile a verified English translation only inwork-cases “when there are contradiction(s)sharing program of patent search andor doubts or the likes in the content ofexamination (S&E) results.

the ASPEC documents”.

WHICH countries participating?

WHEN a request can be filed

At this moment, there are 9 countries

Differently among AMS, the request forparticipating in the ASPEC program,the ASPEC program shall be filed

includes:Brunei

Darussalam,depending

Cambodia,

Indonesia,

Laorequirement, in particular as following:

Malaysia,

Philippines,

Singapore,

Examination
multilateral–Cooperationagreement

for

PDR,

upon

thenational

In Indonesia and the Philippines,Thailand, and Vietnam.

the request is filed at any time

HOW do two patent applications

before requesting the search

qualify as corresponding?

and/or S&E.

On basis, it can be correspondingIn

BruneiDarussalam,patent applications in two or more

Cambodia, Lao PDR, Malaysia,

ASEAN states. Two applications are

Singapore and Thailand, theconsideredone

request is filed at the time of: (i)application claim priority from anotherrequesting the S&E with theone, or if both application claims

Secondpriority

response

corresponding

from

the

same

if

basic

operatesintheEnglish

language in all participating ASEAN
Member States (AMS) IP Offices andneed

totobeverified

requested for by the Office.

theor(ii)adversereport/written

opinion.

WHAT language is used?

notOffice;examinationapplication.

ASPECIPunless

In Vietnam, the request can befiledatanytimeissuance of patent grant.

beforeWHAT is the procedure?

patent in accordance with its national

Firstly, the ASPEC request has to belaws.

filed by a patent applicant in the FirstHOW much does it cost?

IP Office, i.e. Vietnam. The Vietnam

Patent applicants at any participating

patent application must claim priority

AMS IP Office are not required to pay

from an application filed with anany fee for ASPEC program. However,ASPEC member (the Second IP Office)or share the same priority as theapplication

filedinthelocal search and examination fees atAMS IP Office will still apply.

otherHOW benefit will you get from using

participating AMS.

ASPEC program?
Then, the S&E results issued by theSecond IP Office would be madeWith ASPEC, reference to earlier work
done by another AMS IP Office could

available to the First IP Office.

help an examiner to develop his
WHAT documents required?
Whenrequestingexamination,

search criteria or strategy more quickly,
anapplicant is to submit:
An ASPEC Request Form;A copy of the S&E opinion
issued by another participating
AMS IP Office;reducing searching and/ or assist theexaminer to understand the claimed
invention faster.
Hence, ASPEC program reduce S&E
duplication, thereby saving time andresources. Simultaneously, the S&E
results provide the examiner with value

A copy if the claims that havebeen searched and examined

information in order to produce quality
reports.

on.
Obviously, participation in the ASPECDOES the ASPEC replace national
search and examination?
No, the S&E of another participating
AMS IP Office only serves as a guideand a useful reference. The concerned
office would have to conclude its own
search and examination and grant a

programisrelatively

simple,straightforward, and yet time and costeffective.