Update on draft amendment of the Patent Act:
The Thai Patent Act B.E. 2522 as amended by the Patent Act (No.2) B.E 2535 And the Patent Act (No.3) B.E. 2542 is currently undergoing revisions. The goal of these amendments is to expedite the application process and align it with international standards. Additionally, the amendments aim to prepare Thailand for joining the Hague Agreement on industrial designs.
The status of the amendment is that the Department of Intellectual Property (DIP) has submitted the draft amendment to the Office of the Council of State for review. The assigned committee is delving into the details. The Legal Affairs Office of the DIP expects that the deliberations will be completed by 2024.
If all goes as planned, there will be an opportunity for public input. This provides stakeholders with a chance to express their views before the final decisions are presented to the Cabinet.
Update on the number of Thai patent and design examiners
A common concern during the patent application process relates to the delay in examination. Despite efforts to address this by hiring more examiners, the current number remains insufficient, particularly given the annual influx of approximately 8,000 patent applications in Thailand. The following indicates the existing count of patent examiners in various fields.
|
Fields |
No. of Examiners |
|
Patents |
|
|
Engineering |
13 |
|
Chemical Engineering |
9 |
|
Physical |
12 |
|
Chemical |
14 |
|
Petrochemical |
12 |
|
Pharmaceutical |
12 |
|
Food Science |
6 |
|
Biotechnology |
10 |
|
Utility model (Engineering) |
13 |
|
Utility model (Chemical) |
12 |
|
Design |
|
|
General |
8 |
|
Technical |
8 |
|
Clothing |
6 |
|
Opposition |
1 |
E-certificate for Patent and Design
An electronic certificate (E-certificate) for patents and designs is accessible for applications where the grant fee was submitted on or after April 19, 2021.
E-Certificates provide essential patent details on a single cover page, including patent number, patentee name, application details, inventors, title, grant date, and expiry date. A reference number and QR code facilitate easy access to the complete patent specification.
E-Certificates can be verified on the DIP’s websites https://verify.ipthailand.go.th using the reference number or by searching patent details on https://search.ipthailand.go.th/.
E-Certificates are issued typically within 1-2 months of grant fee payment. In cases of loss or damage to the original hard copy, follow simple steps: report the loss to the local police station and submit the application form, or submit the damaged patent along with the form. While the original hard copy remains vital for litigation, E-Certificates serve as valid proof of rights until a patent's expiration.
E-Certificates offer a user-friendly, efficient, and secure approach to intellectual property management.
Navigating design titles
The Thai Patent Office uses the title of a design application as a key element in categorizing product designs and assigning Locarno classification numbers. Under the current examination manual for design patent applications, the design title must signify the product without delving into specifics such as advantages, properties, or trade names. Recent objections issued by the Patent Office, reveal a development in the examination process. Applicants are facing limitations when suggesting new design titles that differ from those already present in the online database. This objection may arise when attempting to designate a design with a name reflective of its varied applications, such as a product shaped like a bottle. In this case, the term 'Container' as the design title is disallowed, and the examiner issues an office action demanding the applicant amend the design title from 'Container' to 'Bottle.'
In a recent case, the examiner disallowed the use of 'anchor earth' as the design title, citing the absence of any published design with the same title. The examiner insisted on amending the design title to 'structural part.'
This new development should be considered carefully. Imagine facing potential infringement concerns because the revised title encompasses more intended. Adjustments of title allow to refine the scope, protecting the core elements of a design while potentially avoiding conflict with pre-existing designs.
Contributions by Pongsathorn Srikornvit and Oranuch Teerasaksophon
