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Articles
New Patent e-Filing System in Thailand
In Thai Intellectual Property law, patents are classified as the highest proprietary right that give the owner the legal right to prevent others from manufacturing, distributing, using or selling an invention for a certain period of time in a particular jurisdiction. Digital documents, as the permitted form of submission, improve the aforementioned safeguard by effectively providing enhanced access to the protection under Thai Intellectual Property law.
Patent e-Document system
The Thai Department of Intellectual Property (“DIP”) has implemented the Patent e-Document system for use with the filing of patent and petty patent applications, effective as of 1 January 2022. This aims to facilitate the filing of patent applications or amendments, promote environmental awareness (through paperless processes) and to expedite the registration process by allowing the advance submission of electronic files through the Patent e-Document system, but with certain criteria as follows:
1) This feature is only applicable to patent applications and petty patent applications, as well as requests to amend patent and petty patent applications.
2) An e-Signature can be used in any document in accordance with the provisions under Section 9 of the Electronic Transactions Act B.E. 2544 (2001) as amended by the Electronic Transactions Act (3rd Edition) B.E. 2562 (2019). A scanned signature or signature signed electronically on electronic devices, e.g. using stylus, are admissible.
3) This request to obtain a patent by way of the e-Document system will be considered as a patent application or petty patent application, or a request to amend a patent application or petty patent application, once the user provides a reference number to an official of the DIP and pays the applicable fees as stipulated by law for each criterion.
4) The DIP will collect and maintain the files submitted into the system by the users with maximum security measures for seven days following the date of issuance of the reference number. It will then be immediately erased from the system.
5) The applications filed through said e-Document system shall be examined in accordance with the current process stipulated by patent law and regulations.
The New e-Filing System
The DIP has implemented a new e-Filing system, effective as of 1 June 2022, to support the operation of governmental officials as per the Licensing Facilitation Act B.E. 2558 (2015) and the “e-Payment Portal of Government” via the Comptroller General's Department under the Ministry of Finance.
With this new system, all patent applicants, including petty patents, designs and any other types of applications or requests, can be filed via the e-Filing system; in such regard, they shall be deemed as being submitted instantly under the Patent Act B.E. 2522 (1979), without making reference to the assigned number, but payment of the fees is required. However, the applicants will be required to follow-up the application status and notification of orders, as well as rulings of the officials, the Director-General or the Board of Patents via e-Filing only.
Key points of e-Filing to be aware of
1) Once submitted, all information, even if it is inaccurate and/or incomplete, shall be deemed acknowledged and accepted by the applicant. Such inaccurate and/or incomplete information will be reflected in the memorandum of application.
2) Applicants must submit documents or evidence in accordance with the memorandum of application via the e-Filing system within 90 days following the date of application. Failure to proceed within such time period will be deemed as the applicant’s intention not to proceed.
3) Any supporting evidence that cannot be converted into electronic data must be submitted to the officials at the DIP, Ministry of Commerce or via registered mail within the prescribed period as stipulated by the Patent Act B.E. 2522 (1979).
4) The Applicants may be contacted to submit additional statements or to submit additional documents or items in support (Section 27 of the Patent Act B.E. 2522 (1979),) or by the Board of Patents (Section 73 of the Patent Act B.E. 2522 (1979)).
e-Payment
The payment of application fee and any other types of governmental fees must be made by no later than 11:00 pm on the day directly following the filing date via the e-Payment Portal system of the Thai Government. Failure to comply will be deemed as the applicant’s intention to abandon the filed application or the filed request.
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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.