Accelerated Examination in Patent Applications in Thailand - Green Technology/PPH/ASPEC/Prioritized Examination

According to the relevant provisions of the Thai Patent Law, a Thai invention patent application must be submitted for substantive examination at least 5 years after the patent application is published, so the examination of Thai patent applications is seriously backlogged. In recent years, DIP has introduced a series of policies to speed up the examination process. The following are several ways to speed up the examination of patent applications in Thailand:

Priority Review

• If, after an invention patent is published, there is a potential risk of infringement if a third party implements the invention patent, a priority review may be requested from the DIP.

ASPEC Project

• ASEAN Patent Examination Cooperation is the first regional patent work-sharing program among the IP offices of the nine ASEAN member countries (Brunei, Cambodia, Indonesia, Laos, Malaysia, the Philippines, Singapore, Thailand and Vietnam). Applicants can use the examination results of participating AMS IP offices to speed up the examination process. ASPEC can help examiners develop search criteria or strategies more quickly by referring to the earlier work of other IP offices, and help examiners understand the technical solutions more quickly. One AMS IP office can also access the database of another AMS IP office. Reference to these search and examination results can provide examiners with information and assessment of the prior art. ASPEC uses English as the working language. English translation does not need to be certified. There is no official fee. ASPEC requests can be made at any time before the patent application is granted.
• Required documents:
  • Corresponding patent applications filed in any other participating AMS IP Office for the same invention and jointly claiming the same priority
  • Search reports and examination results issued by other participating offices, where at least one claim is determined to be allowable/patentable
  • ASPEC Request

PPH Request

• The PPH patent prosecution highway between DIP and JPO started on January 1, 2018. Patent applications must meet the following conditions:
  • a) DIP and JPO have joint priority
  • b) Patentability/intention of granting of at least one claim, including search report, examination opinion, etc.
  • c) The two claims must fully correspond and have the same or similar claim scope, or the JPO claim is narrower than the DIP claim
  • d) A request for substantive examination has been filed but the first examination action has not yet been issued
• Required documents:
  • a) Copies of all office actions related to the substantive examination of patentability and their Japanese/English translations
  • b) Copies of all claims determined to be patentable/allowable and their Japanese/English translations
  • c) Copies of all cited references. Patent documents do not need to be submitted. Only non-patent documents need to be submitted. No translation is required.
  • d) PPH claim correspondence table
    

Target Patent Fast Track Program

• It will be launched on June 1, 2022, shortening the examination period in the medical field to 12 months for invention patent applications and 6 months for utility models.
  • Both invention/utility models apply only to the medical field, and the applicant needs to prove that the invention is beneficial to the public and is ready for commercialization.
  • The request for substantive examination of invention patent applications must have been submitted no less than 3 months ago. Utility model patent applications and complete formal documents must have been submitted no less than 3 months ago.
  • The first application must first be filed in Thailand, or enter the Thai national phase through a PCT application filed with the Thai receiving office without claiming foreign priority.
  • The number of claims in an invention/utility model patent application shall not exceed 10.
  • This is done through the DIP electronic application website, and applications can only be submitted between the 1st and 10th of each month.

Fast-track examination channel for green invention patents

• On December 2, 2024, the Thai Department of Intellectual Property (DIP) released the "Target Patent Fast-Track" program, which will take effect on December 15, 2024. The program provides green technology innovations with the opportunity to review their invention patents and "small patents" more quickly. The program gives priority to inventions in the field of green technology, speeds up the process of formal and substantive examinations, and does not charge any additional official fees. Both Thai and foreign applicants can request fast examinations.
• Under the Fast Track Program, eligible patent applications can obtain the first office action notice within 6 months of the formal examination stage, and can obtain the first office action notice within 12 months of entering the substantive examination stage after publication.
• Starting January 1, 2025, DIP will begin accepting formal requests for fast-track examinations. Each applicant can only submit one application per month. No more than 10 applications will be selected for the fast track each month, and the list of applications selected for fast-track examination will be announced on the 5th of the following month.
• A patent application for which an accelerated examination request is filed must meet the following conditions:
  • The patent application or petty patent application must have been filed with the DIP for more than three months, and in the case of an invention patent application, a request for substantive examination must have been filed.
  • Each invention patent application shall not contain more than 10 claims.
  • The application must first be filed electronically in Thailand or through the Patent Cooperation Treaty (PCT) receiving office in Thailand.
  • The applicant must submit a fast-track request form stating the reasons and necessity for the request for fast-track examination. The supporting documents for the explanation should not exceed four pages of A4 paper.
  • Requests for expedited examination must be submitted through the DIP's electronic system between the 1st and 10th of each month.