Over the past months, there has been a quiet but meaningful shift in Thailand’s approach to handling patent filings in biotechnology-related sectors.

The Department of Intellectual Property (DIP) has now issued an official notification formalising, for the first time, the requirements for Sequence Listings. Previously, applications containing nucleotide or amino-acid sequences were often examined based on individual examiner practice, which could vary from case to case. With this notification now in place, a single formal standard applies.

Under the Official DIP Notification: Identification of Names in Patent and Petty Patent Applications and the Filing of Patent and Petty Patent Applications Using Sequence Listings of the World Intellectual Property Organization (WIPO), Sequence Listings must be prepared in accordance with WIPO ST.25 or ST.26. In addition, where standard WIPO symbols or identifiers are used, the applicant is required to provide a clear translation in Thai for those identifiers. This requirement applies to the tags and labels used in the Sequence Listing and does not extend to the sequence data itself.

While the scientific substance of the invention remains unchanged, the procedural expectations are now far clearer and more predictable. Importantly, failure to comply with these formality requirements may result in a formality Office Action, and if no response is filed within the prescribed time limit, the application may be deemed abandoned or lapsed, as with other unremedied formality deficiencies under Thai practice.

At the same time, Thailand’s Draft Patent Act introduces a separate transparency mechanism relevant to biotechnology-related inventions. Draft Section 20 provides that:

“Where the subject invention of the patent application involves the use of genetic resources, biological resources, or traditional knowledge, the applicant shall disclose the source and submit the relevant documents along with the patent application, in accordance with the rules and procedures prescribed by the Director-General’s notification. If there are existing laws governing genetic resources, biological resources, or traditional knowledge, such laws shall apply.”

Once enacted, this provision will require applicants to disclose the origin of such materials when they form part of the invention. The intention aligns with international developments under the Convention on Biological Diversity (CBD), the Nagoya Protocol, and WIPO’s treaty adopted in 2024. This obligation is administrative in nature and is directed at traceability and regulatory compliance, rather than scientific evaluation.

Although the Sequence Listing notification and Draft Section 20 arise independently, they reflect a common regulatory direction. Thailand is gradually strengthening the formal structure surrounding biotechnology-related patent filings, with an emphasis on clarity, consistency, and procedural certainty rather than increased scientific burden.

In practical terms, the impact will depend on the nature of the invention. Where an application discloses a peptide sequence, nucleotide sequence, or primer, applicants should now expect to prepare a Sequence Listing that complies with the formal WIPO standards and includes the required translation in Thai. Where an invention involves genetic material sourced from an identifiable origin, future filings may be subject to source disclosure requirements once the Draft Patent Act and its implementing regulations come into force.

These developments make this a useful moment for applicants and representatives to review current filing practices, particularly for biotech-related inventions. Paying attention to formality compliance at an early stage may help reduce procedural objections and avoid unnecessary risks to the application.

If others have been following these developments or have views on how they may affect future filings, I would be glad to exchange perspectives.