Transformation of Thai Patent Agent System

To enhance the Thai patent agent system to an international standard, just a few days before Christmas the Department of Intellectual Property (the “DIP”) posted on its website proposing a transformation of the Thai patent agent system under the name “Rebranding Patent Agent”. The draft DIP Notification to amend the patent agent registration process is open for online public hearing until 30 December 2022. A supplementary explanation of the Rebranding Patent Agent has been also posted on the same link. Rebranding Patent Agent is summarized as follows:

Improved Training Courses: Two training courses are introduced, i.e., i) a “Patent Professional Course” targeted at intellectual property practitioners (e.g., IP and innovation management officers, patent agent assistants, and/or business strategists) or any persons interested in those activities, and ii) a “Patent Agent Course” targeted only at patent agent candidates. One of the objectives of the Patent Agent Course is to improve the quality of patents drafted by registered patent agents. Only registered patent agents may represent patent applicants before the DIP. Although the current patent agent registration process is open to any person holding a bachelor’s degree in any field, Rebranding Patent Agent requires that candidates for the Patent Agent Course must hold at least a bachelor’s degree, a diploma or certificate equivalent to a bachelor’s degree/diploma in the fields of science, technology, engineering, industry, medicine, public health, or in other fields with at least one year’s experience related to patents/petty patents. In addition, only candidates who have already passed the Patent Professional Course will be able to apply for the Patent Agent Course.

E-Patent Agent System: Rebranding Patent Agent proposes to implement an E-Patent Agent System which will apply to the whole process of patent agent registration. Furthermore, the E-Patent Agent System will also provide a public database of patent agents with their specialization and experience so that anyone who is interested in obtaining patent protection in Thailand can find the right professional representatives prior to appointing them.

The DIP plans to launch the Rebranding Patent Agent in the first quarter of 2023. However, this will not affect current patent agents who are already registered with the DIP.

We will follow up and provide updates as the situation progresses. Should you need any additional information, please contact us.

Authors: (1) Radeemada Mungkarndee, Ph.D., LL.B. and (2) Tienkul Kangwanwong