E-certificate for Patent and Design is now available under Thai IP Law

The Thai Patent Office of the Department of Intellectual Property of Thailand (“DIP”) has implemented a QR Code and Reference Number for all patent certificates, including design patents. This new feature allows patent proprietors or anyone else to verify and download an electronic certified copy of the letters patent via the DIP website.

Electronic transactions have inevitably become a crucial part of the modern business world. There is an ongoing attempt to develop an electronic government system that allows processes to be conveniently performed via electronic means, such as e-filing applications, official fee payments, signing of certificates and receipt of certificates, as well as the provision of Section 35 of the Electronic Transactions Act B.E. 2544 (2001), as amended, and the Royal Decree prescribing the Principles and Rules of Electronic Transactions in the Public Sector B.E. 2549 (2006); which stipulates that any transactions that were made in electronic form shall carry the same legal consequence as if having been proceeded in a conventional fashion.

The QR Codes and Reference Numbers system has been implemented as a new feature for patent and petty patent certificates by the DIP since May 2021. In such regard, the DIP has further updated the system by introducing another new feature for design patents in May 2022. To summarise, the main new features to look out for in the verification process for the new version of patent certificates, design patent certificates and petty patent certificates are as follows:

1) Security Paper - patents will be issued on 220-gram paper with the serial numbers appearing on the bottom left corner of the patent.

2) Royal Seal (Garuda) and red ribbon - bas-relief Royal Seal and Department of Intellectual Property (“DIP”) seal affixed on the patent.

3) QR Code on the bottom right corner of the design patent and petty patent, which provides access to the full version of the e-certificate signed digitally by virtue of Sections 26 and 28 of the Electronic Transactions Act B.E. 2544 (2001), as amended.

4) Reference Numbers and QR Codes can be verified at https://verify.ipthailand.go.th. The procedure for checking Patent/Design/Petty Patent with the reference number is available on said page as follows:

Source of information: https://verify.ipthailand.go.th

5) Patent numbers are shown in a perforated vertical line on the right side of the certificate.

6) Digital Signature will be implemented in the new patent certificate by using Public Key Infrastructure (PKI) to encrypt electronic data. This allows the officials to track-back in the event of forgery of messages appearing on the patents or electronic signatures.

With the new verification feature and its availability on the DIP website, the proprietor has an option to receive the reliable electronic copy of the certificate instead of the physical certificate. This will save both time and costs compared to the physical certificate delivery, especially when delivered from overseas via courier.

Please contact us should you need more information.

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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