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ARTICLE · 05 JULY 2018

Proposed Amendments In The Thai Patents Act

Khurana & Khurana, Advocates and IP Attorneys
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The latest Bill is all set to bring about major changes in practice and filing of patent applications.

IndiaIntellectual Property

The latest Bill is all set to bring about major changes in practice and filing of patent applications. The law proposes a mandatory disclosure of the Geographical Indication or Traditional Knowledge which has been used in order to form the patent. This means that one's the patent is developed using a prior GI or TK then complete information of its usage along with 'Prior Informed Consent' (PIC) and 'Mutually Agreed Terms' ( MAT) from the owner of the GI or TK are to be submitted. However these documents need not be submitted in case of genetic resources derived from microorganisms and animals collected in Thailand.

Secondly the bill proposes to add on to the existing list of unpatentable items. ''Business method patent' and 'surgical method patent' are now one's on which patent cannot be claimed. The rationale behind introducing Business method in the non patentable list is that it does not satisfy the definition of 'invention' which is mentioned in the patents act.

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