In December 2024, the Department of Intellectual Property (DIP) of Thailand introduced significant updates to the country’s patent framework, including a public hearing for the new Thai Patent Draft Act and the expansion of the Patent Fast-Track program.

Public Hearing for the New Thai Patent Draft Act  

The DIP released the new Thai Patent Draft Act (the “Draft”) for public hearing, open from December 16, 2024, to January 31, 2025. This Draft proposes a comprehensive overhaul of the existing Patent Act, increasing its provisions from 88 to 171 sections. The initiative seeks to modernize Thailand’s patent framework, streamline the examination process, and improve compliance with international standards. Notable proposed changes for invention patents include:

• Fee Changes

Many official fees are proposed to be updated. For example, the filing fee for an invention patent application is set to increase from THB 500 to THB 3,500 for the first 30 pages, with an additional charge of THB 40 per page thereafter. Please note that these will be the maximum possible fees, as the Draft also stipulates that Ministerial Regulations may be issued thereafter to reduce or waive the fees.

 

• Extension of Translation Submission

For national phase applications filed in Thailand through the PCT system, late submission of translations will be allowed upon payment of a surcharge fee of THB 3,000 (approximately USD 90). The extension period and applicable adjustable fees will be detailed in subsequent notifications.

• Examination Procedure

Several new sections have been introduced to streamline patent procedures and reduce timeframes. The first publication is now set to occur 18 months from the filing or priority date. Furthermore, the period for requesting substantive examination is shortened from five years after publication to three years from the filing date. A second publication stage has been introduced after examination and before registration, with the opposition process now taking place at this stage, replacing the current opposition period following the first publication.

• Patent Eligibility

Surgical methods are formally categorized as ineligible subject matter, aligning the Draft with existing examination practices.

• Transparency

New provisions related to the utilization of biological resources or traditional knowledge have been proposed, requiring applicants to declare the source of genetic or biological resources and submit the relevant documentation.

• Recordal of Patent License

While the current Patent Act requires a license to be registered with the Patent Office, the draft amendment will change this requirement from mandatory registration to optional recording.

• Special Compulsory License for Pharmaceuticals:

A new provision on special export licenses for medicines has been introduced, aligning with Article 31bis of the TRIPS Agreement. This provision allows Thailand to issue compulsory licenses for the production and export of patented pharmaceutical products to least-developed countries with insufficient or no manufacturing capacity.

Target Patent Fast-Track Program: Green Innovation

The DIP’s Target Patent Fast-Track program, originally launched in 2022, was further expanded in December 2024 to include Green Innovations. This expansion supports environmentally friendly technologies and aligns with Thailand’s national strategy to promote a green economy, facilitate a smooth transition to a circular economy, foster a low-carbon society, and address climate change.

The program accelerates the patenting process for green innovations, enabling entrepreneurs and researchers to bring new products or environmentally sustainable technologies to market more quickly. To participate, a request must be submitted via the e-filing system. The DIP will review and approve up to 10 applications per month, including both invention and petty patents. While multiple eligibility criteria apply, a key requirement is that patent or petty patent applications must be filed initially in Thailand.

The program covers six categories of innovations, as outlined below:

• Water and Air Management Innovations
• Clean Energy Innovations
• Transportation Systems and Electric Vehicles
• Green Architecture Innovations
• Plastic Alternatives
• Waste and Sewage Management Innovations

More updates on Thai patent law and practices will follow. This demonstrates Thailand’s commitment to leveraging innovations, technologies, and patent protection to enhance the country’s competitiveness.