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Thailand’s Target Patent Fast-Track Program extended to green innovations
As climate change worsens due to human activities, technology is seen as one of the solutions to slow down or reverse environmental degradation and is now key to improve sustainability of products and processes. Related innovations made to foster efficient resource utilization and effective environmental change management are called “Green Innovations”.
To promote the development of such innovations and their commercialization in Thailand, the Thai Department of Intellectual Property (DIP) has now extended its Target Patent Fast-Track Program to green innovations, to speed up the registration of related patents and petty patents. The Program previously applied only to inventions in the field of medical sciences and public health or future food.
Categories of “green innovations” eligible under this Program
Green innovations within the scope of this Program can include methods of production, equipment used in production and final products. It focuses on six areas:
(1) Sustainable use of water and air
(2) Green energy
(3) Electric vehicles and eco-transportation
(4) Green architecture
(5) Plastic substitutes
(6) Waste and wastewater management
Conditions for participation in the Program
The conditions for participation in the Fast-Track Program are rather strict:
1. The application must be first filed in Thailand with the Thai DIP (without claiming priority from a foreign patent application) or under the Patent Cooperation Treaty (PCT) through the International Receiving Office in Thailand (RO/TH).
2. The application must contain no more than 10 claims.
3. The application must be pending for at least 3 months or, if already published (in the case of patents), the applicant must have submitted the request for substantive examination.
4. The applicant must submit a document (not exceeding 4 pages), detailing how their inventions meet the conditions to participate in the Program and specifying their plans to produce, distribute or implement their invention in Thailand (which can be through licensing), to show that their invention has potential for commercial utilization.
5. The application must be available on the e-Filing system.
Procedure to participate in the Program
The request should be filed through e-Filing between the 1st and 10th of each month. The list of the applications selected is announced on the DIP website by the 5th of the following month.
A maximum of 10 applications will be accepted per month and they must not be from the same applicant.
Examination process under the Program
Examination of patent and petty patent applications under the Program is streamlined and strictly timed. The main features of the procedure are as follows:
1. Accelerated examination process:any required amendments or clarifications will be communicated by the officer via the e-Filing system. Applicants will be informed of the details and a remote online meeting will be scheduled, ensuring accuracy and compliance.
2. Timeline for amendments and clarifications: applicants must submit the required amendments or clarifications within 30 days from the date they are deemed to have received the notification via the e-Filing system. Failure to comply within this specified timeframe will be interpreted as a withdrawal from the Program and the application will be examined under the standard timeframe.
3. Timeline for substantive examination request: applicants must submit a request for substantive examination within one year from the date of publication. Failure to comply within this specified timeframe will be interpreted as a withdrawal from the Program and the application will be examined under the standard timeframe.
4. Effects of oppositions: if any opposition is filed against an application under fast-track examination, the application will be withdrawn from the Program and examined under the standard timeframe.
Outcomes of the Program after 3 years of implementation
Given that the Target Patent Fast-Track Program pushes forward and promotes innovation that benefits problem-solving, patent and petty patent applications have been approved at a relatively low rate. In addition, since the Thai DIP must be the first filing office, it obviously favors Thai applicants. Thus, since the Program’s launch in 2022, there have only been a few applications accepted:
In January 2025, 6 more applications were accepted in the Program (3 petty patents and 3 patents).
Among all these, only one petty patent and one patent are categorized under green innovation.
References:
(1) Department of Intellectual Property. (2022). Target Patent Fast-Track.
(2) Department of Intellectual Property. (2024). Target Patent Fast-Track: Green Innovation.
