Third-party public observations in Thai patent applications

In Thailand's patent application process, third-party public opinions can play a key role in patent examination. This procedure allows outsiders to provide information that may affect the granting of patent applications, assisting DIP examiners in making decisions on patent applications.

After a Thai patent application completes formal examination and enters the publication stage, any third party may file an opposition request if they believe that the published patent application does not meet the standards of Thai patent law. The standards for filing an opposition request are patentability, creativity, and legitimate ownership.

After the publication stage, the applicant needs to file a request for substantive examination. The examiner will conduct a comprehensive search and examination to determine whether the invention is novel and non-obvious, and compare it with existing inventions. If the application meets all legal requirements, the patent will be granted.

Third-party public comments allow individuals or organizations other than applicants or examiners to submit written information or evidence to challenge a patent application. Third-party public comments can include letters, formal statements, or other supporting documentation, alleging grounds of lack of patentability, insufficient inventive step, or improper ownership of the invention. There is no official fee for submitting third-party public comments.

Third-party public opinions can play the following important roles in the patent application process:

• Preventing undeserved patents: By allowing the public to submit additional information or evidence, we help ensure that only eligible inventions are granted patents, reducing the risk of applications being approved that do not meet legal standards.
• Improved Examination Effectiveness: Third-party input supplements examiner resources, improves the accuracy and thoroughness of the patent examination process, and ensures compliance with legal requirements.
• Reduce future disputes: By addressing potential issues during the review phase, the system reduces errors that could lead to costly and complex legal conflicts.
• Protection of third-party rights: The system empowers outsiders to protect their interests by preventing others from illegally benefiting from their intellectual property.

DIP's consideration of third-party opinions

The DIP will incorporate third-party public comments received into the patent examination process and review them. Although examiners have complete discretion to determine the persuasiveness of the information submitted, they will use their expertise to judge and evaluate the validity and relevance of the evidence to ensure that the final decision on the patent application is sufficient and fair.

Third-party public comments are a vital mechanism in the patent application process. They promote the transparency, fairness and accuracy of patent grants, enhance the integrity of the patent system, promote innovation, and safeguard the public interest.