The New Target Patent Fast-Track (TPFT): “Green Innovation”

On 2 December 2024, a new chapter of Target Patent Fast-Track (“TPFT”) was released by the Department of Intellectual Property (“DIP”), to accelerate the examination process for patents involving “Green Innovation.” This third chapter follows the launch of the first chapter, “Medical Science and Public Health,” and the second chapter, “Future Food.” The TPFT is expected to play an important role in the acceleration of examination of patent and petty patent applications, in special cases, and to permit proper applicants to receive a final decision from the Thai Patent Office within shortened period of twelve months (for patent applications), or six months (for petty patent applications) from the date of acceptance into the program. Most importantly, any qualifying applicant is able to participate in the TPFT program, regardless of nationality.

Principles and Rationales for Green Innovation

The new TPFT chapter on “Green Innovation” was released due to the rapid climate changes and the current global warming crisis. The scope of Green Innovation covered by this chapter includes six types of green innovation products and methods:

• Water and Air Innovations for Environmental Sustainability: e.g., waste disposal methods and quality improvement measures for contaminated materials, dust control, and ecosystem preservation.
• Green Energy Innovation: e.g., development and implementation of new technologies, processes, and solutions that generate energy from renewable energy sources such as wind, solar, water, and biomass, in order to reduce dependence on fossil energy and reduce carbon emissions to the environment.
• Innovations for Electric Vehicles and Eco-Transportation: e.g., production, improvement of efficiency in, and use of electric vehicles, infrastructure and support for electronic vehicles, such as charging devices and tools, and clean energy transportation systems that address air pollution and climate change.
• Green Architecture Innovation: e.g., building design and construction that focuses on the efficient use of resources to create a sustainable environment in terms of energy consumption, water management, and the selection of recyclable environmental-friendly materials.
• Innovations in Plastic Substitutes: e.g., production processes and products made from new materials that can be used to replace plastics in daily life, to reduce the environmental impact of plastic waste and to reduce pollution caused by plastic packaging waste.
• Innovations for waste and wastewater management: e.g., innovations related to waste management processes to ensure that materials can be used for the longest possible time, reducing the amount of waste generated as well as waste disposal in an environmental-friendly way.

Requirements for participation in the program: To be eligible for the TPFP program, patent or petty patent applications must be filed with DIP through the e-filing system, with unpublished applications submitted at least three months prior, or published applications having submitted substantive examination requests.

Applications must focus on the aforementioned six Green Innovation areas, and the claimed innovations or inventions must have proven commercial potential and distribution plans. 

In addition, the applications must originate in Thailand, as the first jurisdiction (without claiming priority of a corresponding application filed in any foreign country) or through PCT's Thailand Receiving Office (RO/TH), may contain no more than 10 claims, and must have completed all formal documentation with DIP.

Procedures to apply for participation: Applicants must submit requests with supporting documentation, including a commercialization plan (which can be a maximum of four pages in length), through the DIP e-filing system between the first and tenth days of each calendar month starting in January 2025. The DIP retains exclusive authority to select up to ten qualified applications monthly, with a limitation of one application per applicant. 

Beneficial results of successful participation in the program
Applicants that qualify for this program are eligible for expedited processing and publication timelines from DIP; for example:

In the case of an unpublished application, if the applicant is willing to file a corresponding application or PCT application and the patent application has been filed within twelve months, the application will be published within six months of the twelve-month period after the filing date. If the patent application has been filed for more than twelve months or the applicant is not willing to proceed with international filing, the publication will occur within six months of the date of acceptance into the program. The patent applicant is required to submit a request for substantive examination within one year of the publication date and the substantive examination results will be available within twelve months of the examination request. For published patent applications for which substantive examination already was requested, the DIP will provide final examination results within twelve months from the date of acceptance into the program. 

Similar benefits apply to petty patent applications, with publication timelines varying based on whether international filing is planned and the timing of acceptance into the program.

Any applicant with patent or petty patent applications that relate to “Green Innovation,” “Medical Science and Public Health,” and “Future Food” has the opportunity to participate in these three ongoing TPFT programs if the application meets the relevant criteria. 

Qualified applications will benefit from accelerated registration, with processing times of approximately 1-2 years, significantly faster than the other expedited examination routes.

Please do not hesitate to contact us at the SCL Nishimura & Asahi Bangkok Office if you would like to receive additional information on this matter.

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