You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

May 24, 2018

Updates on Proposed Amendments to the Thai Patent Act

Subscribe to Updates
Informed Counsel

Thailand’s Patent Act was last amended in 1999. Since then, the Department of Intellectual Property (DIP) has gone through numerous rounds of review of potential revisions to the law, with the latest draft of proposed amendments to the Patent Act being published on the DIP website on January 31, 2018. The DIP then arranged for public hearings during February 1-28, 2018, to obtain comments and recommendations on the proposed provisions.

Based on the comments obtained from the public hearing, the DIP plans to complete revisions to the draft amendments and submit them for review by the Ministry of Commerce by August 2018. Following that ministerial review, the draft will need to be further reviewed and approved by the Cabinet, the Council of State, and the National Legislative Assembly. If the legislative process unfolds smoothly, an amended Patent Act is expected to enter into force in early 2019.

Based on the latest published draft, some of the major proposed amendments are as follows:

Genetic Resources, Genetic Material, Derivative, and Traditional Knowledge

Definitions of genetic resources (GRs), genetic material, derivative, and traditional knowledge (TK) will be added to Section 3, and disclosure of GRs or TK source, access, and benefit-sharing will be required for relevant inventions in patent applications.

Worldwide Novelty

Section 6 (1) will be revised to consider the state of the art of an invention which was widely known or used by others outside, as well as within, the country before the date of the patent application.

Double Patenting Avoidance

A patent application that has been filed in Thailand will be considered the state of the art even though it may have been published on or after the date of application in Thailand.

Grace Period

Disclosure of the subject matter of an invention within 12 months before the date of patent application will not be deemed to be a valid disclosure in considering the state of the art of the invention in the following circumstances:

  • A disclosure which was made or due to be made in consequence of subject matter that has been obtained unlawfully;
  • A disclosure of the subject matter by the inventor; or
  • The invention has been displayed at an international exhibition in Thailand or in a country which is a contracting state of an international convention or agreement of which Thailand is a member, if the exhibition is organized by the Thai government or the government of the relevant contracting-state country.

A patent applicant can claim the date of the disclosure under these conditions to be the priority date of the patent application in Thailand.

Surgery Method

Items that cannot be protected with a patent will be subject to the surgery method.

Introduction of Two Rounds of Publications

Patent applications will be published twice. The first publication will be made within 18 months from the filing date in Thailand or the first priority date. The second publication will be made after the substantive examination is completed and the patent has been granted, and it will be open to patent invalidation. Therefore, the opposition period after the first publication will be eliminated and replaced by the invalidation action, which must be filed within 90 days from the second publication date. There is only one official publication fee—the fee for the second publication.

Divisional Application

An applicant will be able to request the separation of a patent application before the second patent publication date. In the current patent law, this type of request is not allowed, and separating a patent application will be at the discretion and instructions of the patent examiner only.

Substantive Examination

The time to file a request for substantive examination will be reduced from five years from the publication date to three years from the filing date in Thailand.

Trial Committee

A committee of three to five members will be appointed to consider oppositions and counterstatements. This committee will prepare a report of their decision for the consideration of the Director-General of the DIP.

License Agreement

The requirement to register a patent license agreement will be changed to be a recordation of license agreement with the Patent Office.

Increment Deadline for Annuity Payment

The extended deadline to pay annuity will be increased from 120 days with a 30% surcharge to be 180 days with a 30% surcharge. In addition, the deadline to file a revocation petition with the Board of Patents will be increased from 60 days to 180 days. The Board of Patents may grant a further extension of time to pay annuity fees with a 50% surcharge.

Patent Compulsory License Committee

A committee of three to five members will be assigned by the Director-General of the DIP to consider and approve any application for a compulsory license filed by an interested person on the condition that the patent has not been used after three years from its date of grant, or four years from its date of application, whichever is later, under Section 46. The committee will also have the authority to consider and approve a compulsory license for dependent patents. That is, when the working of a patent is likely to constitute infringement of a patent of any other person, then the patentee who wishes to exploit his/her own patent may apply to the Director-General for a license of the other person’s patent under Section 47 and 47 bis.

Grant of Compulsory License

A compulsory license may be granted in the case that the Trade Competition Commission has issued an order that a patentee has violated any clause of the Trade Competition Act, resulting in an obstacle to public access to healthcare services.

New Section 51/1 for Compulsory License

A ministry may use compulsory licenses to produce and export patented medicines to least-developed countries or WTO member countries that do not have pharmaceutical manufacturing capacity or sufficient manufacturing capacity and have submitted a request to import patented medicine to the WTO.

New PCT Chapter

The draft amendments add a new Chapter of International Application under the Patent Corporation Treaty (PCT), including new sections for applicant qualifications, filing procedures, priority claims, restoration of the right of priority, and more.

Conversion of Patent

The draft provides a deadline for the conversion of a patent application (before grant) into a petty patent application to be within three years from the filing date of the application. The same process applies for conversion of a petty patent application into a patent application.

Substantive Examination of a Petty Patent

The period of one year to request that a petty patent be examined substantively will be canceled, and a request for substantive examination can be filed at any time by any person (not only an interested person).

Changing the Party that Bears the Burden of Proof in the Case of Process Patent Infringement

Section 77 is amended, changing the “infringer” who the patentee of a process patent can sue to be the “manufacturer.”

Although likely to be subject to further changes, the draft amendments to the Patent Act pose significant implications for patents in Thailand, including in applications, examinations, publications, oppositions, compulsory licensing, conversions, official fees, and other areas. It is expected that further updates on the subject will be available after August 2018.

Download Full Article
Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

July 24, 2026
As food innovation continues to accelerate, manufacturers are increasingly introducing ingredients derived from new sources, produced using novel technologies, or lacking a significant history of human consumption. While these innovations create new opportunities for the food industry, they also raise important questions regarding consumer safety. For this reason, many jurisdictions, including Thailand, the European Union, Australia and New Zealand, Canada, and Singapore, require a premarket safety assessment for novel food ingredients before they can be placed on the market. The objective of this assessment is to ensure that each ingredient is safe for its intended use and level of consumption, does not present toxicological, allergenic, microbiological, or nutritional concerns, and will not mislead consumers. Scientific authorities typically evaluate the ingredient’s identity, manufacturing process, composition, specifications, anticipated dietary exposure, toxicological information, nutritional impact, and history of use before determining whether it can be marketed. Against this background, the Thai Food and Drug Administration (FDA) recently took an important step toward improving regulatory transparency by publishing, for the first time, a consolidated public list of substances that have successfully completed the Thai FDA’s safety assessment process, including substances determined to be novel foods and those determined not to fall within the novel food category. The list identifies the approved substances, the corresponding manufacturers or importers, approval dates, and the approved conditions of use. Although the publication does not change the existing legal framework governing novel food approvals, it provides businesses with greater visibility into the Thai FDA’s regulatory precedents and the types of substances that have previously been accepted through the safety assessment process. The full announcement is available on the Thai FDA’s website. As the list is now publicly available, it also provides useful insight into the types of substances that have successfully completed the Thai FDA’s safety assessment process.
Read More
July 24, 2026
Indonesia has updated its fee framework for intellectual property (IP)-related government services, with implications for IP owners, licensees, lenders, digital platforms, and businesses operating in the country. Government Regulation No. 30 of 2026 on Types and Tariffs of Non-Tax State Revenue Applicable to the Ministry of Law (GR 30/2026) was promulgated on July 2, 2026, and will take effect on August 1, 2026. Key Takeaways GR 30/2026, which replaces the relevant IP service fees under Government Regulation No. 45 of 2024, reorganizes the fee schedule into separate categories for copyright, industrial designs, patents, layout designs of integrated circuits, trade secrets, trademarks, geographical indications, IP enforcement, and other categories. The most commercially relevant changes include a new copyright recordation tariff exemption for songs and music, higher fees for several trademark and geographical indication services, new IP enforcement service fees, and a new fee type for registration of fiduciary security over IP rights objects. In addition, this is the first major update for trademark fees in approximately 10 years. GR 30/2026 is significant not only as a fee update but also as a further indication of Indonesia’s increasing recognition of IP as a financeable commercial asset. By expressly assigning fees to the registration of fiduciary security over IP rights objects, the regulation places IP-backed collateral filings within the Ministry of Law’s administrative service framework. While GR 30/2026 does not create a new secured-transactions regime, this development is relevant for lenders, borrowers, and IP owners structuring financing arrangements secured by trademarks, patents, copyrights, industrial designs, or other registrable IP rights in Indonesia. Copyright: New Fee Exemption for Songs and Music Recordation For copyright, GR 30/2026 creates a fee-exempt category for recordation of works or related-rights products for songs or music, while maintaining a separate category for other works and related-rights products. It
Read More
July 21, 2026
Thailand’s Ministry of Digital Economy and Society (MDES) published a notification establishing an expedited court-ordered takedown mechanism for online content in cases of “urgent necessity.” The notification, which was issued on July 17, 2026, under the Computer Crime Act B.E. 2550 (2007), as amended, took effect the following day. It significantly expands the categories of content subject to rapid government-initiated removal. Content Categories Subject to Takedown The notification defines “urgent necessity” (section 20, paragraph 5, of the Computer Crime Act) as circumstances where any delay in suppressing computer data may impact national security, religion, the monarchy, good morals, social culture, or public order. In this regard, it establishes four broad categories of content: Computer Crime Act offenses. National security offenses. IP and other criminal offenses, where it is contrary to public order or good morals and a competent officer has requested its suppression. Content contrary to public order or good morals, a broad residual category encompassing 14 subcategories approved by the Computer Data Screening Committee. The fourth category is the most expansive. Its 14 subcategories include: Content defaming, mocking, satirizing, or devaluing the monarchy. Online gambling advertising or facilitation. Offering illegal firearms for sale. Offering baraku (hookah) products or e-cigarettes for sale. Offering cannabis inflorescences or processed cannabis products for sale. Advertising or soliciting prostitution. Content inciting violence, hatred, or social division. Unauthorized overseas employment advertising. Offering boiled kratom juice for sale. Online sale or advertising of alcoholic beverages. Content satirizing or degrading Buddhism. Money lending at interest rates exceeding legally prescribed limits. Advertising or disseminating information about surrogacy services. Forgery of documents, cards, or official documents. Enforcement Procedure In cases of urgent necessity, a competent official assigned by the MDES permanent secretary must file a petition with supporting evidence to the court with jurisdiction, requesting an order to
Read More
July 15, 2026
Ambush marketing refers to a strategy in which a business associates itself with an event, campaign, or brand without paying for official sponsorship rights. The tactic is most visible in sports, concerts, and festivals, where official sponsors have invested substantially for exclusivity. Ambush marketers may use suggestive wording, event-themed imagery, athlete endorsements, venue-adjacent promotions, or social media campaigns implying a commercial connection with the event. Common Forms of Ambush Marketing Ambush marketing typically takes one of the following forms: Direct ambushing: using event names, logos, or mascots suggesting authorization Coattail ambushing: sponsoring an athlete or broadcaster connected with the event Subtle ambushing: themed advertising, venue-adjacent campaigns, or similar visual cues The legal analysis in each case turns on whether the marketing crosses from permissible event-based advertising into infringement, passing off, deception, or wrongful exploitation of goodwill, and the risk assessment is necessarily fact-specific. Thailand has no dedicated ambush marketing statute, so legality depends on execution. A campaign that merely comments on a public event may be permissible, but one that uses protected marks, creates consumer confusion, misrepresents sponsorship status, or makes unsubstantiated claims may trigger liability under various Thai laws, as laid out below. Ambush Marketing and Thailand’s Trademark Act The Trademark Act B.E. 2534 (1991) is the primary tool for addressing campaigns that use registered trademarks, event names, logos, mascots, or confusingly similar signs. The law gives registered trademark owners the exclusive right to use their mark for registered goods, and infringement risk arises when a nonsponsor uses an event mark or a confusingly similar sign in advertising. Even referential or playful use may create liability if it causes public confusion as to sponsorship or commercial connection. The law also preserves passing-off claims for unregistered marks. This matters because event names, taglines, or mascots may not always be
Read More