When filing divisional applications in Southeast Asia, rules
and limits vary across jurisdictions and patentees have
several major differences to consider.
These include the extent of allowable overlap with the parent
application before a double patenting objection is raised, when it
will be assessed, and whether double patenting is a ground for
revocation. We discuss these considerations below for Singapore,
the Philippines, Indonesia, Malaysia, Vietnam, and Thailand.
Singapore
Determination of double patenting
Although the issue of double patenting arises most frequently
between a parent and divisional application, it should be noted
that this issue can also arise with two pending applications or
granted patents which were filed by the same applicant or his
successor in title, and which claim the same priority date and the
same invention. This means that even applications which are not
linked as parent and divisional applications can also be considered
for