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Introduction
Thailand’s current Patent Act, enacted in 1979 (B.E. 2522) (“Act”), has been the cornerstone of the country’s intellectual property (IP) protection system for over four decades. However, with the rapid evolution of technology and global trade, the Act has become outdated and no longer aligns with international standards. To address these challenges, Thailand is proposing a significant amendment to its Patent Act, known as the Draft Patent Act B.E. …. (“Draft”). This reform aims to modernize the patent registration process, reduce time and costs, and align Thailand’s IP framework with international agreements, such as the Hague Agreement Concerning the International Registration of Industrial Designs.
This article provides an overview of the key changes proposed in the Draft, focusing on the prosecution processes for invention patents, design patents, and petty patents, and highlights the potential impact of these reforms on innovation and IP protection in Thailand.
The Proposed Prosecution Process for Invention Patents
The Draft introduces several key changes to the prosecution process for invention patents, aimed at improving efficiency and reducing delays:
The Proposed Prosecution Process for Design Patents
The Draft proposes a more streamlined process for design patents, distinguishing it from the current system, which shares the same process as invention patents:
The Proposed Prosecution Process for Petty Patents
The Draft maintains the existing process for petty patents, but introduces a few notable changes:
Conclusion
The proposed amendments to the Act represent a significant step forward in modernizing the country’s IP protection system. By streamlining processes, reducing costs, and aligning with international standards, the Draft aims to foster innovation and attract foreign investment. The introduction of mechanisms such as third-party observation enhances transparency and fairness, while the shortened timelines for design patents demonstrate Thailand’s commitment to efficiency.
The Draft is currently under the first public hearing process, which will be ended on 31 January 2025. Stakeholders, including inventors, businesses, and legal professionals, are encouraged to participate in the consultation process to ensure that the final version of the Draft meets the needs of all parties involved.
The Draft is poised to strengthen the country’s position as a hub for innovation and intellectual property protection in Southeast Asia, paving the way for a more dynamic and competitive economy.
Key Takeaways
Cost Reduction: The Draft eliminates certain fees, such as patent issuance fees, making the registration process more affordable for applicants.
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