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

May 15, 2023

Patenting AI Technology and Software in Southeast Asia

Subscribe to Updates

Southeast Asia’s remarkable growth as a destination for foreign investment—including a 42 percent increase in 2021, according to a joint ASEAN-UNCTAD report—has brought with it innovation as well as the desire to protect that innovation. Investors are increasingly seeking to patent the proprietary technology that is a crucial component of so many businesses today, and a burning question for patent applicants is whether artificial intelligence (AI) technology and software are patentable in Southeast Asia. The short answer is that it depends, as the patent laws in Southeast Asia are not uniform.

Is it Patentable?

While AI tools tend to be newer, the older and more familiar question is whether computer software is patentable, and many jurisdictions do have specific rules on this issue. Pure software, or software characterized only by source code, may not be patentable, but it can be protected under copyright laws.

AI-related software may involve complex algorithms, datasets, and training methodologies that can be challenging to disclose in a manner that satisfies the enablement requirement in practice. Algorithms, mathematical methods, and abstract ideas are often considered non-patentable subject matter in many jurisdictions. While software implementing AI may involve innovative algorithms, securing patents for algorithms alone can be challenging in some jurisdictions.

Also, the patent laws of Indonesia, Myanmar, Thailand, and Vietnam specifically list computer programs as unpatentable subject matter. However, a possible workaround would be to describe the software as connected to a tangible medium. This method could overcome an unpatentable subject matter rejection during substantive examination. Furthermore, in Indonesia, a computer program can be patentable if its characteristics (i.e., instructions) have a technical effect and function to solve a tangible or intangible problem.

The most liberal of Southeast Asia’s patent regimes—Singapore’s—even addresses AI innovations. The country has a special fast-track scheme for examining AI patent applications called Accelerated Initiative for Artificial Intelligence. Under this scheme, a patent application can be granted six months from the filing date.

Patent Drafting

Drafters of patent applications in Southeast Asia need to be aware of the patentability requirements specific to AI technology and software inventions in each Southeast Asian country. When drafting AI technology and software patent applications, one option for the drafter to keep in mind is that the description should mention the connection between the software and the tangible medium. If the software can be linked to a tangible medium, the invention could be patentable.

Even if the claims of the patent application in other regions (such as the United States) do not have to show a connection with a tangible medium, when the application enters Southeast Asia, the claims can be amended to include this connection without expanding the scope of the application if the information already exists in the description.

This means that AI technology and software could be patentable as a part of a wider patentable invention.

Prosecution Strategy

In looking to patent AI innovations—or any other tools—applicants should explore possibilities for speeding up the prosecution process. For instance, ASEAN member countries have agreed to accept one another’s examination results in a scheme called the ASEAN Patent Examination Cooperation, and many Southeast Asian countries have an agreement to accept patent examination results from another country, through arrangements referred to as “patent prosecution highways” (PPHs). Cambodia has a special agreement to validate European patents without further examination. Indonesia, Thailand, and Vietnam have a PPH with Japan. Under this PPH, patent applicants can use the examination result of a corresponding patent application in Japan that has already been granted to speed up the examination process in Indonesia, Thailand, or Vietnam. Although the examiner in the other country will still examine the application to make sure it does not violate that country’s patent laws, the examination result from Japan should help speed up the examination process.

Outlook

Patenting AI technology and software in Southeast Asia requires a nuanced approach that takes into account both existing laws and procedures, as well as new considerations that arise with the advent of cutting-edge technology. As businesses continue to innovate and create proprietary technology, it is critical to develop a comprehensive strategy for protecting these valuable assets through patents. By staying up to date with the latest developments in the field and working closely with experienced legal professionals, businesses in Southeast Asia can navigate the complex patenting process and secure the protection they need in order to maintain a competitive edge in the rapidly evolving global marketplace.

Related Professionals

Industries

Technology

Practices

Intellectual Property

Locations

RELATED INSIGHTS​ 

October 3, 2025
On September 26, 2025, the Contract Committee under Thailand’s Consumer Protection Board issued a regulation that aims to standardize contracts and enhance consumer protection within the beauty and wellness industry. The Notification on Prescribing the Beauty Service Business as a Contract-Controlled Business B.E. 2568 (2025), which takes effect on January 24, 2026, requires business operators to use a prescribed standard contract in Thai and adhere to strict mandatory provisions and prohibitions. These regulations apply to operators across all in-person and online service channels, including via digital platforms. “Beauty services business” is defined as the provision of services under an agreement allowing consumers to receive a series of treatments, either over a set number of sessions or within a set period. This includes massage, spa, other methods for cleanliness, beauty, or care of facial or body skin, and weight control and body shaping—including services offered electronically. The law excludes surgery, liposuction, and medical treatments performed by licensed practitioners. The notification establishes the following key requirements: Mandatory contract and formatting. All contracts with consumers must use the standard contract form, in Thai, with clear, readable text (minimum font size of 2 millimeters, no more than 11 characters per inch), and include all essential terms from the annexed form. Contract execution. Contracts must be made in duplicate, with one copy given to the consumer at signing. For agreements concluded through electronic channels, the process must comply with the Electronic Transactions Act and use the same required terms. Digital platforms. Business operators who provide services facilitated through a digital platform as an intermediary are ultimately responsible for ensuring the consumer receives a compliant contract. Prohibited clauses. The law prohibits clauses that limit or exclude liability for damages to life, body, health, mind, or property resulting from breach of contract or a wrongful act;
Read More
September 26, 2025
As Vietnam accelerates its digital transformation, data centers have emerged as critical infrastructure supporting the shift toward a digital government, digital economy, and digital society. For businesses targeting Vietnam’s rapidly growing data center market, a clear understanding of the evolving regulatory landscape, compliance obligations, and government incentives is key to successful market entry and operation. This article provides a strategic overview of investment opportunities and key compliance requirements in Vietnam’s dynamic data center sector. Investment Incentives to Boost Data Center Growth Since July 1, 2024, organizations and individuals across all economic sectors have been encouraged to invest in and contribute to the development of data centers. By law, there are no restrictions on shareholding ratios, capital contributions, or foreign investor participation in data center and cloud computing services under business cooperation contracts. Currently, investment in AI data centers is classified as a specially incentivized industry, qualifying for preferential treatments and incentives in terms of investment, taxation, land use, and other related areas. Large-scale data centers, together with AI and cloud computing, are currently considered as strategic technologies and products for which Vietnam offers significant fiscal, tax, and land incentives to promote investment. Additionally, these large-scale projects may receive direct financial support from local development budgets for facility construction, technical infrastructure, and equipment procurement, subject to state budget provisions and applicable laws. AI data center construction projects also enjoy preferential treatment under customs regulations. Regulatory Approvals for Providing Data Center Services The 2023 Telecom Law and its guiding documents marked a significant milestone by classifying data center services as value-added telecom services. Under the law, a data center service is defined as a telecom service that enables users to process, store, and retrieve information via a telecom network through the leasing of part or all of a data center. A
Read More
September 24, 2025
On September 12, 2025, the Bank of Thailand (BOT) officially released its AI Risk Management Guidelines for Financial Service Providers, building upon the draft guidelines issued in June 2025. The guidelines reflect a balanced approach, encouraging innovation while safeguarding financial stability and consumer protection. The guidelines are targeted at all financial service providers, including financial institutions and special financial institutions under the Financial Institution Business Act, as well as payment providers under the Payment Systems Act. The guidelines apply to both AI systems developed in-house and those developed by third parties that are adopted for use by financial service providers. AI Risk Management Guidelines The two main pillars in managing AI risk are (1) governance of AI system implementation and (2) AI system development and security controls, consisting of the following key elements: 1. Governance Stakeholder roles and responsibilities. Boards and senior management assume accountability for decisions and operations involving AI systems, and are responsible for defining roles and responsibilities for AI oversight. This includes establishing an AI system usage policy, designating personnel responsible for AI risk management, and building awareness of AI-related risk within the organization. Organizations are expected to foster internal capabilities to use AI securely and avoid overreliance that could compromise business continuity or customer service. AI system usage policy. Policies governing AI usage should align with organizational goals, regulatory obligations, and recognized responsible AI frameworks—such as the FEAT principles (fairness, ethics, accountability, and transparency). These policies should be reviewed regularly to respond to technological advancements and evolving risk profiles. Risk management throughout the AI lifecycle. Risk management should encompass the entire AI lifecycle, from establishing risk appetite to implementing continuous risk assessment and control measures tailored to specific use cases. Financial service providers should assess risks and impacts of AI usage on operations and customer services.
Read More
September 22, 2025
On September 15, 2025, Vietnam’s Ministry of Science and Technology announced that the country will issue an updated version of its National AI Strategy (first issued in 2021) and its first-ever AI Law by the end of this year. The ministry emphasized that the AI strategy is not just a legal framework, but a commitment to embracing AI to drive Vietnam into a new era. The AI adoption plan is set as a priority of the country, and marks a significant step in shaping Vietnam’s AI governance and innovation landscape. Highlights of the plan include the following: Strategic vision. Vietnam’s ambition is to leverage AI for economic growth, social development, and global competitiveness, under the guiding principle “AI for humans – safe, autonomous, cooperative, inclusive, and sustainable.” AI as national infrastructure. The updated strategy positions AI as core national infrastructure, comparable to electricity or the internet, aiming to provide every citizen with a “personal digital assistant.” Core principles for AI legislation. The AI Law will be built around the following six core principles: Risk-based regulation Transparency and accountability Human-centric development Domestic AI autonomy AI as a driver of sustainable growth Digital sovereignty, with data, infrastructure, and AI technology being three strategic pillars Ethics and openness. A National AI Ethics Code will accompany the upcoming law, aligned with international standards but tailored to the Vietnamese context. The government emphasizes open standards and open-source development. Market development and incentives. The government plans to expand domestic AI adoption, particularly in public services and key industries. The National Technology Innovation Fund (NATIF) will allocate at least 40% of its budget to AI projects, prioritizing SMEs through vouchers for locally developed AI solutions. Background on AI Law Development Regulations on AI are found in various Vietnamese laws and regulations, notably the recently adopted Law
Read More