THAILAND: ANNOUNCEMENT OF TARGET PATENT FAST-TRACK: FUTURE FOOD BY THAI DEPARTMENT OF INTELLECTUAL PROPERTY

  • 24 Jan 2024
  • Thailand
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The Thai Department of Intellectual Property (“DIP”) recently announced the initiation of the Target Patent Fast-Track: Future Food Project. (the “Project”)

Background:
The Project is focused on the registration processes for patent and petty patent for inventions related to medicine and public health pertaining to future foods.
Principles and Objectives:
In response to the global emphasis on health-conscious food consumption, leveraging technologies and inventions to create novel foods with added nutritional benefits has become crucial. Innovations that promote immune system function, combat free radicals and inflammation, and that provide specialized nutrition tailored to individual needs - collectively termed as "Future Food" – have become important.
To incentivize entrepreneurs in the commercialization of future foods, the DIP recently introduced the "Target Patent Fast-Track: Future Food" project.

Scope of Future Food under the Project:
"Future Food" within the project encompasses products and processes related to food innovation across four categories:
1.     Novel Food
2.     Health Supplements
3.     Organic Food
4.     Medical Food
Rules and Conditions:
Applications eligible for this project must adhere to the following rules and conditions:
1.     The patent or petty patent application must be filed at the DIP and undergo examination per Article 29 of the Patent Act.
2.     Applications must be related to future food categories and demonstrate commercial potential with a clear plan for production, distribution, or licensing.
3.     Applications for the invention must be the first filing in Thailand (without priority claim) or filed as a PCT application with WIPO via a Thai RO (PCT Receiving Office (RO/TH)).
4.     No more than 10 claims are allowed.
5.     Applications must be submitted through e-filing or converted to e-filing before requesting participation in the Project.
6.     Submission of all required documents is mandatory.
How to Join the Project and Announcement of Selected Requests:
1.     Applicants must submit a request, not exceeding 4 A4 pages, along with the necessary evidence supporting their eligibility.
2.     Applications must be filed through e-filing from the 1st to the 10th of each month. The DIP will announce the selected applications on its website by the 5th of the following month.
3.     The DIP reserves the right to consider and approve no more than 10 applications per month, limiting one application per applicant.
Results of Joining the Project:
Selected patent and petty patent applications will undergo expedited examination:
·       Patent applications: Results within 12 months from the DIP's announcement date.
·       Petty patent applications: Results within 6 months from the DIP's announcement date.
Project Duration:
The Project is effective from January 1, 2024, onwards.
The Project demonstrates the continued improvements and efficiencies being implemented by the Thai Patent Office.  Such improvements and efficiencies have greatly enhanced the performance of the Thai Patent Office over time and furthered technology, commercial activity, and the well-being of consumers in Thailand.  We will continue to provide updates on the further positive steps being taken by the Thai Patent Office.