Further to our previous client alert regarding the Order issued under Section 44 of the Interim Constitution on the exclusion of patentability for cannabis-related inventions (“Non-Patentability”), the said Non-Patentability provision was repealed as a result of an amendment to the Narcotics Act which was published in the Government Gazette on 18 February 2019 and came into effect the following day.
Thosapone Dansuputra, Director-General of the Department of Intellectual Property (“DIP"), revealed that from 29 January to 1 February 2019, the DIP rejected seven cannabis patent applications under the Non-Patentability provision. If patent applicants fail to appeal to the Patent Board within 60 days from the date of receiving notice of the rejection, the DIP's decision will become final. In addition to these seven applications, the Director-General also revealed that before the Order was issued on 28 January 2019, three cannabis patent applications were abandoned by applicants, and the DIP had rejected another three patent applications.
We will continue to provide regular updates on patent law developments in Thailand. For further information, please do not hesitate to contact us.