You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

July 3, 2023

MIP: Securing Patents for AI in Southeast Asia

Subscribe to Updates
Managing Intellectual Property

Southeast Asia has experienced a significant increase in foreign investment, which has not only brought innovation but also raised questions about protecting such innovation. Investors are increasingly interested in patenting the proprietary technology that plays a vital role in numerous businesses today.

Recently, particular interest has been shown in innovations related to artificial intelligence (AI) technology and software. Are these types of innovations patentable, and if so, how? When it comes to Southeast Asia, the answers to these questions are not straightforward, due to the lack of uniform patent laws across the region.

Issues of Patentability

The patentability of computer software has long been a topic of discussion, predating the emergence of AI tools. Many jurisdictions have specific rules regarding the patentability of software. Pure software, defined solely by source code, may not qualify for patent protection but can be safeguarded under copyright laws. AI-related software often involves intricate algorithms, datasets, and training methodologies that pose challenges when it comes to satisfying the enablement requirement for disclosure. However, algorithms, mathematical methods, and abstract ideas are generally considered non-patentable subject matter in many jurisdictions. Although software implementing AI may incorporate innovative algorithms, obtaining patents solely for algorithms can be difficult in certain countries.

For instance, Indonesia, Myanmar, Thailand, and Vietnam explicitly exclude computer programs from patentable subject matter. However, a potential workaround in these countries is to describe the software as being connected to a tangible medium. This approach could overcome rejections based on subject matter during substantive examination. Moreover, in Indonesia, a computer program can be eligible for patent protection if its characteristics (i.e., instructions) have a technical effect and serve to address a tangible or intangible problem.

Among Southeast Asian countries, Singapore has the most lenient patent regime, even explicitly addressing AI innovations. The country has implemented a special fast-track scheme called the Accelerated Initiative for Artificial Intelligence, enabling patent applications related to AI to be granted within six months from the filing date.

Patent Drafting Considerations

When drafting patent applications for AI technology and software in Southeast Asia, it is crucial for patent drafters to be well-versed in the specific patentability requirements of each country in the region. One approach to consider during drafting is to establish a connection between the software and a tangible medium in the description. If the software can be linked to a tangible medium, it increases the chances of patentability.

Even if patent claims in other regions, such as the U.S., do not require such a connection with a tangible medium, when entering Southeast Asia, the claims can be amended to include this connection without expanding the scope of the application, provided the necessary information already exists in the description. This implies that AI technology and software can be patentable as part of a broader invention that meets patentability criteria.

Potential Strategies for Prosecution

To expedite the prosecution process for patenting AI (or any other) innovations, applicants should explore options for accelerated examination. ASEAN member countries have established a scheme known as the ASEAN Patent Examination Cooperation, accepting examination results from one another.

Additionally, many Southeast Asian countries have agreements for accepting patent examination results from other countries, referred to as “patent prosecution highways” (PPHs). For instance, Cambodia has an agreement to validate European patents without further examination. Indonesia, Thailand, and Vietnam have PPH agreements with Japan, allowing patent applicants to utilize the examination results of corresponding Japanese patents that have already been granted to expedite the examination process in their respective countries. While the examiner in the receiving country will still evaluate the application to ensure compliance with its patent laws, the examination result from Japan should facilitate a faster examination process.

Successfully patenting AI technology and software in Southeast Asia necessitates a nuanced approach that considers existing laws and procedures, as well as new considerations brought about by cutting-edge technology. As businesses continue to innovate and develop proprietary technology, it is crucial to devise a comprehensive strategy for safeguarding these valuable assets through patents. By staying abreast of the latest developments in the field and working closely with experienced legal professionals, businesses in Southeast Asia can navigate the intricate patenting process and secure the necessary protection to maintain a competitive advantage in the rapidly evolving global marketplace.

This article first appeared in Managing Intellectual Property.

Related Professionals

Practices

Intellectual Property

Locations

RELATED INSIGHTS​ 

July 6, 2026
Indonesia’s regulation on reporting online intellectual property (IP) infringement provides comprehensive procedural guidance for IP rights holders and their licensees in reporting online infringement complaints. Issued in December 2025 by the Ministry of Law as Regulation No. 47 of 2025 regarding Handling of Intellectual Property Infringement Reports in Electronic Systems, this regulation covers all types of IP rights. It also specifies documentation when reporting infringement, and lays out the procedures for examination, verification, and enforcement actions. Submission of Complaints Complainants may submit reports through the online system of the Directorate General of Intellectual Property (DGIP) or in person at the DGIP office. Complaints may also be filed through an authorized proxy. Under the regulation, complainants are required to provide the following information and documents: Personal details of the complainant; Brief description of the protected work or subject matter (i.e., type of IP and name or address of the infringing website, portal, account, or application, or a link to the location of the infringing content); Complete description of the alleged infringement; Certificate of registration or recordal of the relevant IP; Recordal of IP license agreement, if any; and Other supporting evidence. Verification and Examination Process Upon receiving a complaint, the responsible formality officer may request clarification or additional supporting documents. In the latter case, the complainant must then submit the necessary administrative documents within 14 days of the notification date. Once the documentation is deemed complete and sufficient, the case will be formally registered. Subsequently, the DGIP will establish a verification team to handle online IP violations, which will include the Civil Servant Investigator (PPNS), the Ministry of Communication and Digital Affairs, experts with relevant expertise in IP, and representatives from related associations such as AVISI (Indonesian Video Streaming Association). After examining the report, the team will prepare the Minutes
Read More
June 30, 2026
Customs recordation is an enforcement mechanism in Myanmar that enables intellectual property (IP) rights holders to seek prevention of the cross-border movement of infringing goods. The enactment of Myanmar’s IP laws in 2019 has enabled customs recordation for registered marks and copyrights under the Trademark Law 2019 and the Copyright Law 2019. By contrast, the Patent Law 2019 and the Industrial Design Law 2019 do not provide a practical framework for customs recordation, and accordingly such rights are not subject to the customs recordation regime. Under the Trademark Law 2019, rights holders may apply for customs recordation and may also ask the Customs Department to suspend the release of goods suspected of bearing counterfeit marks. Likewise, the Copyright Law 2019 allows for customs intervention in relation to pirated works. These provisions reflect Myanmar’s gradual alignment with international standards on border measures, although the implementation framework remains at a relatively early stage of development. Customs Recordation Pursuant to the Trademark Law 2019 and the Copyright Law 2019, the relevant authorities have issued customs rules concerning the protection of registered marks and copyrights. In practice, the process generally begins with the submission of an application to the Customs Department together with supporting documentation. This typically includes proof of registration in Myanmar; details of the rights holder, applicant, and any authorized representative; and a comprehensive description of the genuine goods. Product identification materials—such as photographs, packaging samples, and distinguishing features—are particularly important in helping customs officers identify suspected infringing goods. A recordation remains valid for two years from the date of approval. It may be renewed for additional two-year terms, provided that the renewal application is filed within the thirty days prior to expiry for marks and up to thirty days in advance of the expiry date for copyrights, in accordance with
Read More
June 24, 2026
Patent enablement requirements are provided under Article 102 of Vietnam’s Law on Intellectual Property (IP Law). In particular, a patent specification must “fully and clearly disclose the nature of the invention to such an extent that, based on the specification, a person having ordinary skill in the relevant art can implement the invention.” In pharmaceutical and biotechnology patents, this requirement is more complicated and subject to more rigorous assessment. The Patent Examination Guidelines (Guidelines) of the Intellectual Property Office of Vietnam (IP Office) were amended in March 2026 to introduce Annexes III and IV for the pharmaceutical and biotechnology sectors, in which Annex III provides detailed guidelines on the assessment of specification requirements. These amendments were made under a project for strengthening capacity in industrial property examination between the Japan International Cooperation Agency (JICA) and the IP Office. Annex III provides detailed instructions on how examiners assess enablement in a pharmaceutical or biotechnology application, and offers examples of acceptable and unacceptable descriptions with regard to the enablement aspect. Enablement Requirements in Pharma and Biotech Patents Article 12.7 of Circular 10/2026/TT-BKHCN (Circular 10) adds to the requirements of Article 102 of the IP Law that the description must demonstrate the novelty, inventive step, and industrial applicability of the technical solution. For pharmaceutical composition subject matters, Article 12.9 of Circular 10 sets out that the description must present the results of clinical trials and/or the pharmacological effects of the claimed pharmaceutical composition, and must include at least the following information: Substance/mixture used. Testing method (system) employed. Information on the test results. Correlation between the pharmacological effects obtained from the tests and the application of the pharmaceutical product in the prevention, diagnosis, and treatment of diseases. The Guidelines note that pharmacological study results should be presented in a quantified manner, and pharmacological
Read More
June 16, 2026
Since the implementation of the Trademark Law 2019 on April 1, 2023, Myanmar has operated under a modern first-to-file trademark system that brings its registration framework closer to international practice. As the new regime continues to develop in practice, applicants are increasingly required to navigate formal examination requirements, substantive objections, and procedural deadlines with greater precision. This article provides a high-level review of the trademark examination process in Myanmar, focusing on the principal stages from initial review to approval, the types of objections commonly raised by the Intellectual Property Department (IPD), and the key considerations for responding effectively. A clear understanding of these issues is essential for applicants seeking to secure registration efficiently and to mitigate avoidable delays or refusals. Examination Process: Key Stages Trademark applications filed with the IPD undergo two stages of review. Formality Examination The IPD first verifies compliance with procedural requirements, including: Correct Nice Classification Clear mark representation Accurate applicant details Clearly defined goods or services Representative details, if the application is filed by a representative Other formality requirements cover translation and transliteration of any non-English or non-Myanmar elements in the mark, color claim details, applicable disclaimers, and payment of official fees. Deficiencies result in an office action requiring correction within 30 days, which may be extended upon request. Registrability Examination The IPD also assesses registrability. A mark may be refused if it: Lacks distinctiveness Is descriptive or generic Misleads the public or violates public order/morality Contains prohibited state symbols Only compliant applications proceed to publication. Responding to Office Actions Applicants must respond within 30 days of notification from the IPD. Depending on the nature of the objection, strategies may include submitting legal arguments for distinctiveness, providing evidence of acquired distinctiveness, filing appropriate disclaimers, clarifying descriptions such as color claims, or amending the listed goods
Read More