Thailand’s new patent electronic filing system

Thailand's new patent electronic filing system

Patents, which grant the owner the legal right to prohibit others from making, distributing, using, or selling an invention for a specific amount of time in a specific jurisdiction, are regarded as the greatest proprietary rights under Thai intellectual property law. The use of digital documents as a method of submission strengthens the aforementioned measure of protection by giving users better access to the legal protection provided by Thai intellectual property law.

Patent electronic documents system in Thailand

As of January 1, 2022, the Patent e-Document system has been introduced by the Thai Department of Intellectual Property (“DIP”) for use with the submission of patent and petty patent applications. Permitting the advance submission of electronic files through the Patent e-Document system aims to simplify the filing of patent applications or amendments, promote environmental awareness (through paperless processes), and speed up the registration process, but with the following criteria:

  1. This feature is only applicable to patent applications and petty patent applications, as well as requests to amend the 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 a stylus, is 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 electronic filing system in Thailand

In accordance with the Licensing Facilitation Act B.E. 2558 (2015) and the “e-Payment Portal of Government” administered by the Comptroller General’s Department under the Ministry of Finance, the DIP has created a new e-Filing system, which will be in place as of 1 June 2022.

With this new system, all patent applicants, including those for petty patents, designs, and other types of requests, can submit documents electronically. In this case, the Patent Act B.E. 2522 (1979) will consider them as having been submitted instantly without referencing the assigned number, but payment of the applicable fees is still necessary. The applicants must, however, use e-Filing exclusively to monitor the status of their applications, orders they receive, and decisions made by officials, the Director-General, or the Board of Patents.

Even incorrect or incomplete information that has been submitted will be regarded as having been recognized and approved by the applicant. The memorandum of application will include any such incorrect or incomplete information.

Within 90 days of the application date, applicants must use the e-Filing system to submit any supporting documentation or evidence in line with the memorandum of application. If the application does not move forward within that time frame, it will be assumed that they do not intend to.

Within the time frame stated by the Patent Act B.E. 2522, any supporting documentation that cannot be translated into electronic data must be delivered in person or by registered mail to the officials at the DIP, Ministry of Commerce (1979).

According to Section 27 of the Patent Act B.E. 2522 (1979), or the Board of Patents (Section 73 of the Patent Act B.E. 2522 (1979), the Applicants may be asked to provide more statements or to present additional documents or items in support.

The Thai Government’s e-Payment Portal system must be used to pay the application fee and any additional governmental charges by no later than 11:00 pm on the day after the filing date. It will be assumed that the applicant intends to abandon the submitted application or request if they fail to comply.

You can find a list of Thailand IP firms here.

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