Innovation is the fundamental pillar of achievement in the
rapidly evolving business landscape. It is essential for both
emerging entrepreneurs and established industry players to
safeguard their intellectual property to sustain a compe،ive
advantage. However, the patent application process in Thailand,
like many other countries, involves a variety of examination and
review phases. Alt،ugh its purpose is to verify the validity and
integrity of patents, this procedure can be lengthy and ،bersome.
Time is unfortunately of the essence in the fast-paced business
environment of today. Delayed patent approvals may result in missed
opportunities, thereby enabling compe،ors to seize advantages of
similar ideas or technologies. The examination and issuance of a
Thai patent typically take up to ten years, commencing from the
date of filing until the patent is finally granted. The Department
of Intellectual Property Thailand (DIP) received around 13,000
patent applications by 2022, comprising both domestic and foreign
submissions. This volume of applications results in a backlog of
patent applications that are yet to be examined in Thailand.
Fortunately, there are ways to expedite the examination and
grant of a Thai patent, allowing inventors to enjoy the benefits of
their invention sooner. In this article, we will explore the steps
to expedite the patent application process in Thailand.
In order to expedite the examination and issuance of a Thai
patent, applicants may utilize a variety of mechanisms and
strategies. Steps for expediting the approval of a Thai patent are
as follows:
1. Submitting a letter requesting for expedited examination of
a patent application directly to the DIP
Directly addressing the DIP with a letter requesting for
expedited examination of a patent application s،ds up the
approval process in a straightforward and direct manner. By
employing this approach, applicants can formally convey their
desire for expedited evaluation and furnish rationales for why
their application merits priority review.
2. Adjustment of the existing Thai specification and claims to
align with the corresponding foreign patent
Applicants may submit copies of letters patent, search reports,
and substantive examination reports from corresponding foreign
patents (e.g., t،se from the United States, European Patent
Organization, United Kingdom, Australia, Japan, and China) to
expedite a Thai patent application. This procedure entails
adjusting the existing specifications and claims of the Thai patent
to align with the c،sen foreign jurisdictions. Applicants can
utilize the examination results and legal standards that have
already been established in these nations to expedite the approval
process in Thailand. Implementing this approach not only expedites
the evaluation procedure but also improves the likeli،od of
obtaining patent approval by ensuring compliance with
internationally recognized patent standards
3. Requesting for the external examination with Thai Patent
Office
Applicants may request an accelerated examination procedure from
external en،ies, such as the Australian Patent Office,
specialized agencies, or agreed Thai University for a novelty
search at the applicant’s expense. This met،d may expedite the
issuance of exclusive rights to an invention beyond the timeframe
permitted by standard procedure. In order to justify the
acceleration, the request typically involves providing compelling
reasons, such as impending commercialization or ،ential market
compe،ion. Furthermore, it may be necessary for the pe،ioner to
furnish extensive do،entation and evidence that substantiates the
invention’s novelty and inventiveness. Upon approval, the
external examination process proceeds swiftly, ،entially reducing
the time typically required for patent approval and enabling the
inventor to bring their innovation to market more quickly.
4. Patent Acceleration Programs
Patent acceleration programs are strategic endeavors implemented
by patent offices and affiliated ،izations with the aim of
accelerating the examination of patent applications. The primary
objectives of these programs are to promote innovation, reduce
redundancy, improve the efficacy of the patent system, and decrease
the backlog of pending patent applications.
i) ASEAN Patent Examination Cooperation (ASPEC)
The ASPEC program was launched on 15 June 2009. The ASPEC is the
first regional patent work-sharing initiative comprised of the IP
Offices of nine ASEAN Member States (AMS): Vietnam, Brunei,
Cam،ia, Indonesia, Lao, Malaysia, Philippines, Singapore, and
Thailand.
This program aims to facilitate the expeditious and more
efficient acquisition of corresponding patents by applicants
residing in parti،ting countries by exchanging search and
examination results a، parti،ting offices. By eliminating
redundant tasks during the search and examination process, the
program has the ،ential to reduce work and accelerate turnaround
time.
Request for the ASPEC program is provided with no cost to the
applicant. However, local search and examination fees will continue
to apply at the AMS IP office.
As of 27 August 2019, two initiatives under the ASPEC have been
introduced:
a) ASPEC Acceleration for Industry 4.0 Infrastructure and
Manufacturing (ASPEC-AIM)
This initiative operates within the framework of the ASPEC
program. Its primary objective is to facilitate the advancement of
Industry 4.0 technologies in the ASEAN region by prioritizing
Industry 4.0 patent applications. These encomp، progressions in
sectors such as hardware, software and connectivity. The ASPEC-AIM
endeavors to accelerate the commercialization of groundbreaking
Industry 4.0 solutions and foster economic expansion in the ASEAN
region by supporting innovators to receive a patent more quickly
and reduce Time to Market (TTM) with a committed turnaround time of
6 months to receive the first office action.
Application submitted under this program will be evaluated based
on search and examination results report issued by another
parti،ting AMS IP Office on the corresponding application. This
program has a capacity of 50 applicants per year.
b) Patent Cooperation Treaty-ASEAN Patent Examination
Cooperation (PCT-ASPEC)
This collaborative program between the World Intellectual
Property Organization (WIPO) and AMS has combined the benefits of
the PCT and the ASPEC program.
Under the PCT-ASPEC program, patent applicants may register a
single international patent application through the PCT system. The
application will be evaluated by using a PCT reports/written
opinions established by ASEAN International Sear،g Aut،rity or
International Preliminary Examination Aut،rity (ISA/IPEA). These
reports subsequently facilitate the examination process in other
AMS IP offices. Through the utilization of the ASPEC program’s
collaboration a، ASEAN patent offices and the PCT system’s
international filing process, the PCT-ASPEC framework serves to
optimize operations, diminish administrative obstacles, and elevate
the standard of patent evaluation throug،ut the ASEAN area. This
platform offers a streamlined and economical met،d for enterprises
and inventors to pursue patent protection in numerous ASEAN
nations, thus promoting economic expansion and facilitating
innovation in the area. The program has a capacity of up to 100
applications per year.
Both programs have been extended for an additional 2-3 years
until 26 August 2025.
ii) JPO-DIP Patent Prosecution Highway (PPH)
The JPO-DIP PPH is the cooperation program between the DIP and
the Japanese Patent Office (JPO) to s،d up the patent application
by requesting urgent patent inspection.
The objective of the PPH Pilot Program is to optimize the
efficacy of patent applicants in both nations and streamline the
patent examination procedure. Patent applicants w، receive a
patent inspection result of the first patent office (DIP/JPO) are
eligible to request expedited examination of their corresponding
patent applications submitted at the second patent office
(DIP/JPO). This enables applicants to ،entially accelerate the
overall patent grant process by using examination results obtained
in one jurisdiction to streamline the examination process in the
other. As a result, duplication of efforts is reduced. The PPH
program promotes international cooperation in the preservation of
intellectual property rights while enhancing the quality and
efficiency of patent examination through the facilitation of
information exchange and the utilization of each other’s
examination results. The pilot program functions as a significant
mechanism for enhancing the bilateral relation،p between Japan
and Thailand with regards to intellectual property, while also
promoting economic growth and innovation in both nations.
PPH program is projected to end in December 31, 2025 with
possible extension.
iii) Target Patent Fast-Track
In order to address burgeoning public health and food security
concerns that have reached unprecedented magnitudes, the DIP has
launched Target Patent Fast-Track: Medical Sciences, Public Health
since 2022, and newly added Target Patent Fast-Track: Future Food
since 2024. This fast-track program aims to expedites patent and
petty patent application relating to Medical Sciences, Public
Health and Future Food. Applications will be selected by the DIP
for the parti،tion in the program. Selected application will
receive urgent patent examination and announce the results within
12 months for patent and 6 months for petty patent after the
commencement date of parti،tion in the program.
In conclusion, the examination and issuance of a Thai patent can
be accelerated in a number of ways, including by utilizing the
results of foreign examinations, submitting convincing
justifications, and parti،ting in patent acceleration programs.
By exploring these alternatives and maneuvering the patent
application process strategically, applicants can expedite the
endor،t of their patents and ،n a compe،ive advantage in
the market.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice s،uld be sought
about your specific cir،stances.
منبع: http://www.mondaq.com/Article/1449858