As the COVID-19 pandemic has brought an end to the normal course of business throughout the world, including Thailand, the Department of Intellectual Property of Thailand (“DIP”) has announced that applicable individuals may be entitled to a grace period for certain filings beyond the normal deadlines.
The applicable laws under which the grace periods will apply are
- Trademark Act
- Patent Act (covering patents, petty patents, and industrial designs)
- Geographical Indications Act and
- Protection of Layout-Designs of Integrated Circuits Act
The grace period will apply to deadlines for prosecution proceedings under the above-mentioned laws, such as applications, appeals, registrations, renewals, yearly fee payments, oppositions, and office actions.
Proceedings under this announcement
In order to qualify for a grace period, an applicant must submit the required documents and evidence with the DIP proving that they were infected by COVID-19 within 15 days after the applicant’s recovery. In case the applicant is a juristic person, it must prove, on behalf of the juristic person, that its authorized individual(s) were infected by COVID-19.
The DIP will examine the documents and evidence submitted by the applicant and will notify the applicant with the result of the request. If the DIP allows for a grace period, the applicant will be granted a 30 day grace period from the date of receiving the notification of approval. If the request is not allowed, the applicant can appeal with the registrar or examiner within 15 days under the Administrative Procedure Act.
Required documents and evidence
- Copy of passport of the applicant (individual) or authorized person of the applicant (juristic person)
- Medical certificate showing COVID-19 infection
- Evidence proving residence in a COVID-19 outbreak area
- Evidence proving the applicant or authorized person was an infected person, in close proximity of an infected person, or has returned from a country experiencing a COVID-19 outbreak
- Any other evidence proving the applicant was affected by the outbreak
- Evidence proving the end of the outbreak situation in the residential area of the applicant
Despite these efforts by the DIP to address the COVID-19 pandemic, we do not recommend that parties who have business with the DIP apply for a grace period unless it is extremely necessary, as the list of required documents and evidence outlined above are still unclear. We strongly recommend you to follow the normal deadline if possible.
If you have any inquiries, please feel free to contact our IP team at firstname.lastname@example.org.
We hope you all remain safe during this period.