2025 Public Hearing on the Draft of the New Patent Act

From 16 December 2024 to the end of January 2025, a public hearing was held to gather feedback from stakeholders on the draft of the New Patent Act, which was released on 16 December 2024. This hearing marks a crucial step in the legislative amendment process, designed to enhance the quality and relevance of the Thai Patent Act. Thirty-three responses, including ours, were submitted.

The results of the public hearing, published in April 2025, indicate the feedback was generally positive. On 29 May 2025, during a symposium hosted by the Central Intellectual Property and International Trade Court, the Director General of the Department of Intellectual Property of the Ministry of Commerce, gave a special address titled "Paving a New Direction for the Development of Thai Intellectual Property Laws in the Digital Era," in which she mentioned that the Draft of the New Patent Act had been finalized by the Office of the Council of State and soon would be returned to Parliament for further legislative proceedings—a significant advancement in the process.

Rationale Behind the Amendment

The current Patent Act B.E. 2522 (1979) became effective in 12 September 1979, and now is due for a comprehensive revision to address modern technological advancements and globalization. Several provisions of the existing Act are inconsistent with current industrial and legal realities. Moreover, with Thailand preparing to become a contracting party to the Hague Agreement Concerning the International Registration of Industrial Designs, this legislative update presents an opportunity to streamline the registration process for invention patents, design patents, and petty patents, ensuring stronger protection for patent owners. In addition, the revised Act is intended to promote ongoing research and innovation within the country.

Key Changes in the Draft

The Draft New Patent Act has 171 sections, nearly double the 88 sections in the current Patent Act, indicating the significant scope of the modifications. Some of the most important changes include:

Invention Patents

• Fee Adjustments:
  • Filing Fee is increased from THB 500 to THB 3,500, with an additional fee of THB 40 per excess page beyond 30 pages.
  • Substantive Examination Fee is raised from THB 500 to THB 10,000, with an extra charge of THB 2,000 per excess claim beyond 10 claims.
• Procedural Improvements:
  • Divisional patent applications can be submitted voluntarily.
  • Examination requests can be filed at any time within three years of the application date (previously, within five years of the publication date).
  • Two-stage publication process:
    • First publication occurs after the preliminary examination, as soon as possible once 18 months have passed since the filing date.
    • Second publication follows substantive examination, upon acceptance for registration, and opens a 90-day opposition period.
  • Formal third-party observations are allowed at any time before a notice of registration is issued.
  • Post-grant amendments are permitted, but only for non-substantive matters.
  • The government is granted the power to implement compulsory licensing of pharmaceutical patents during pandemics or drug shortages.

Design Patents

• Partial design recognition is introduced, pursuant to the Hague Agreement.
• Preliminary and substantive examinations are combined into a single step.
• Single publication process after substantive examination, which opens a 60-day opposition period (reduced from the current 90 days).
• Design patent term is extended from 10 years to 15 years.
• Multiple design applications are permitted, provided related designs fall within the scope of the principal design based on the unity of design concept.
• Absolute novelty criterion is applied—designs must not be disclosed anywhere globally before filing.
• Six-month grace period is allowed for disclosures due to unlawful acts or self-disclosure by the applicant.
• Deferred publication requests are permitted for up to 10 months after the filing date, but the request must be submitted at the time of filing.

Petty Patents (Utility Models)

• Filing fee now includes publication and registration fees.
• Publication and registration follow formal examination without waiting for additional fee payments.
• Substantive examination request period is extended to six years after the filing date (previously one year after publication and registration).
• Conversion between petty patent and invention patent is expressly permitted prior to issuance of a notice of registration.

Structure of the Draft New Patent Act

The revised Act consists of 171 sections, divided into general provisions, nine chapters, transitional provisions, and a revised fee schedule, structured as follows:

1. General Provisions (Sections 1–3)
2. Chapter 1: General Provisions (Sections 4–5)
3. Chapter 2: Invention Patents (Sections 6–70)
4. Chapter 3: Protection of Inventions Under the Patent Cooperation Treaty (Sections 71–81)
5. Chapter 4: Product Design Patents (Sections 82–109)
6. Chapter 5: International Registration of Product Designs Under the Hague Agreement (Sections 110–118)
7. Chapter 6: Petty Patents (Sections 119–129)
8. Chapter 7: The Patent Board (Sections 130–137)
9. Chapter 8: Miscellaneous Provisions (Sections 138–146)
10. Chapter 9: Penalties (Sections 147–155)
11. Transitional Provisions (Sections 156–171)
12. Fee Schedule

Future Outlook

In addition to introducing invention patents, this legislative reform includes substantial improvements for design patents and petty patents, which we will review and discuss in upcoming articles. As discussions continue, various key issues with the current draft may arise, and further refinements are expected during parliamentary deliberations. We remain optimistic that the final version of the New Patent Act will be enacted in the near future, and will align Thailand’s patent system with global intellectual property standards.

For the latest updates and insights on the regulations in the Draft New Patent Act, please feel free to contact us at SCL Nishimura & Asahi’s Bangkok office.

Authors