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DIP Announces Target Patent Fast-Track System

Principle and Rationale

Due to the recent public health crisis from the COVID-19 epidemic and to speed up the commercial availability of innovative solutions, the Department of Intellectual Property of Thailand (“DIP”) has announced the Target Patent Fast-Track (“TPFT”) system; to expedite the patent and petty patent registration of inventions regarding medical products, processes, materials, accessories or equipment which contributes to public health solutions.

The DIP patent examiners will proceed with the examination on an expedited basis when determining qualified applications for TPFT; for which the conclusion will be notified within 12 months and 6 months following the date on which the DIP announces such application qualified for patent and petty patent, respectively.

Rules and Conditions

To qualify, an application must:

1) Be a patent application with a request for examination already filed (Section 29 of the Patent Act B.E. 2522 (1979)), or a petty patent application filed with the DIP for not less than three months;

2) Be a patent application or petty patent application filed under the technology category in relation to medical science and public health with a potential for commercial use. A production and distribution plan or licence agreement is required to be executed;

3) Be a patent application or petty patent application filed in Thailand as the first jurisdiction or filed as a PCT application with the WIPO (World Intellectual Property Organization) via a Thai RO (Receiving Office);

4) Contain not more than 10 claims throughout the project period;

5) Be an application initiated and filed via or switched into the e-Filing system prior to the time of making this request; and

6) Have all the required supporting documents.

In the case where an amendment to the patent application is required by virtue of Section 27 or Sections 27 and Section 65 decies of the Patent Act B.E. 2522 (1979), the applicant will be notified and a remote meeting will be scheduled via video conference in order to illustrate the amendment instructions or to clarify any issues. In such event, the said amendment and clarification is to be completed within 30 days following the date which is deemed as the receipt date of such instructions via the e-Filing system. If the applicant fails to complete said action, it shall be deemed that the applicant abandons the TPFT request.

Application

1) An applicant may file a request detailing the necessity why the TPFT should be granted, supported by relevant evidence of not more than four A4 pages.

3) The request is to be filed via the e-Filing system during 1st - 10th of each month; the result of which will be announced by the DIP within the 5th of the following month.

The programme under this announcement becomes effective as of 1 June 2022.

SCL Nishimura & Asahi has regularly advised clients on applications for the registration of patents through the TPFT. We support our clients with the preparation of filing from the pre-application stage up to making a response to any office action within the prescribed period. In this regard, it is highly recommended that our clients prepare appropriate precautionary measures insofar as to understand the approval consideration of the DIP; in order to minimise risk of rejection or abandonment.

Please do not hesitate to contact us at our Bangkok Office should you require any more information on this matter.

Authors

Pavinee BUNYAMISSARA

Partner
Bangkok

Pavinee is a leading expert in intellectual property (IP) law. She joined the Intellectual Property Practice Group of SCL Law Group (currently known as SCL Nishimura & Asahi) as an associate upon its formation in 2005. Prior to that, Pavinee was an in-house legal counsel at many companies where she gained extensive hands-on experience within general law practice, IP and e-commerce related matters. She also gained comprehensive knowledge of contracts and telecommunications working with government agencies while she was an in-house legal counsel. Pavinee was a guest lecturer and speaker on IP and information law at various forums. Currently, Pavinee routinely advises major clients on matters relating to trademark and patent registrations, copyright recordation, license agreements, as well as trademark, patent and copyright infringement. Versatile and keen, she also assists with overseas trademark and patent registration applications and acts as counsel providing expert guidance to clients throughout IP enforcement process and litigation proceedings. She has been consistently consulted with on cases involving electronic trade and commerce, domain name registrations and personal data and privacy protection. Representing numerous international and domestic organizations in both public and private organizations, Pavinee takes advantage of a refined understanding of IP prosecutions and commercial risk to deliver to the clients borderless and practical legal advice based upon reliable and comprehensive understanding of the laws, regulations and best practices in Thailand. With her comprehensive knowledge and extensive experience, she is well-equipped to meet the clients’ diverse needs whereby she tailors her legal service and professional advice to suit the particular needs of each client. Pavinee was also named an IP expert by magazines[Ed: I suggest listing which magazines, or listing only a couple if there are many.]. AsiaIP Informed Analysis and the 2022 edition of World Trademark Review 1000 are publishing the recent list.

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Narongcachon CHOMSA

Partner
Bangkok

Narongcachon joined the firm in 2012 as a member of our Intellectual Property Practice Group. While in the IP department, he has conducted patent prosecution, advising relating to intellectual property matters, conducting patent searches and providing analysis and draft opinions based on the analysis. He is also very hands-on with giving advice on the patentability of an invention, infringement and opposition. He has extensive technical experience in preparing patent specifications, preparing and reviewing design drawings and descriptions, as well as preparing and filing patent, design and utility model applications and responses to office actions with the Thai Patent Office. He is also active in intellectual property and information technology court matters, as well as providing legal advice on emerging legal issues. Previously, Narongcachon worked in the telecommunications industry as a Technical Service Engineer and Service Manager, in the fields of telecommunications and data network technologies, with Siemens Limited Thailand, Siemens AG (Germany) and Nokia Siemens Networks (Thailand) Ltd. As a result, he has high technical expertise in telecommunications and data networks. With a long working history in the telecommunications industry and his academic background in engineering, Master of Business Administration (MBA) and related laws, he is a technical/business minded lawyer and is well attuned to legal developments in the intellectual property, telecommunication and information technology industries.

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