الفلبين

OFFICE ORDER NO. .13 - 124 ; III Series 0(2013

AMENDED RULES OF PROCEDURE FOR THE ASEAN PATENT EXAMINATION COOPERAnON (ASPEClI'ROGRAM

Section I. 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 repoft.

Section 2. Coverage

The ASPEC program covers applications for patent filed in two or more AMS II' Offices. The II' 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 II> 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); b) The Search and Exam Rep0l1 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. When to File the ASPEC Request- The ASPEC Request Form shall be submitted on the same day as the Request for Substantive Examination is filed.

Section 5. 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 II> Office directly to obtain an English translation of the ASPEC documents. The translation may be done by either the AMS first lP 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 tile AMS second IP Office.

Republic of the Philippines INTELLECTUAL PROPERTY OFFICE

Intellectual Property Center, 28 Upper McKinley Road, McKinley Hill Town Center Fort Bonifacio, Taguig City 1634 Philippines

T: +632-2386300 • F: +632-5539480 • www.ipophil.gov.ph

Pagelof2

Section 6. Ejfect of Incomplete ASPEC Documenls - If the AMS second IP Orlice determines that any ASPEC document submitted by the Applicant is not complete, the AMS second IP Oflice shall inform the Applicant to submit that document.

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

Section 7. Use of ASPEC DOClimenls in Examination - The Patent Examiner in the AMS second IP Oflice proceeds to conduct the examination and can refer to the ASPEC documents only as additional reference.

Section 8. Filling out (he 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 9. Ejfeclivily - These rules of procedure shall take effect on July 15,20 t3.

For compliance.

ATTY.RJC~B~CAFLOR Director General

REcmm BY.tJ . IPO PHl '13J[;·~~"B

Page 2 of2