AIPLA Comments on Proposed Thai Patent Law

Arlington, VA. January 30, 2025 –The American Intellectual Property Law Association (AIPLA) submitted comments to the Department of Intellectual Property of Thailand on the New Draft Patent Law being considered for adoption. The comments focus on many issues in the proposed law relating to patent registration, subject matter eligibility, patent term extensions, and enforcement, among other matters.

AIPLA supports the inclusion of clear definitions and global treaty alignment, while suggesting clarity in terms like "applied industrially" and allowing software patents with a technical contribution. The comments highlight the balance between employer and employee rights, recommending specific criteria for employee compensation and a formal dispute resolution mechanism. AIPLA also advocates for a standard 20-year patent term with possible extensions for pharmaceuticals, similar to U.S. and European models, and recommends post-grant opposition procedures to maintain fairness without delaying the patent granting process.

On licensing, AIPLA calls for stringent conditions and a rigorous administrative process. In enforcement, AIPLA pushes for detailed remedies for indirect infringement and promotes using regional cooperation to streamline enforcement. Lastly, AIPLA suggests expediting international patent applications and clarifying administrative procedures to enhance efficiency.