Legislative updates in intellectual property: US and Thailand
USA
Patents
As of May 13, 2025, the U.S. Patent and Trademark Office (USPTO) implemented an accelerated service in relation to patent Issue Dates.
Prior to the amended process being introduced, the time between the patent Issue Notification and Issue Date was typically around three weeks, with the amended process meaning that time has now been reduced to approximately two weeks. This change has been achieved by the USPTO switching to electronic grants (eGrants) by way of its online platform, as well as by reducing unnecessary steps in the process.
The reduction in time between the Issue Notification and the Issue Date allows patent holders to enjoy quicker IP protection, meaning they are therefore able to bring their inventions to the market at an earlier point in time. Moreover, the quicker turnaround time for the patent issuance process means rights holders may avoid the need to file a request for a Quick Path Information Disclosure Statement, thus simplifying the process.
Industrial Designs
A month prior to the implementation of alterations to the patent issuance process, the USPTO officially suspended the expedited examination procedure for industrial design applications, as of April 17, 2025.
This suspension has been introduced in an attempt to reduce the number of pending examinations for design applications, and to combat potentially fraudulent applications being filed, thereby maintaining the integrity of the system.
Statistics demonstrate that requests for expedited examination of design applications skyrocketed by 560% over recent years, with a significant number of applications being identified as fraudulent. The halting of expedited examination will therefore hopefully mitigate this issue, and assist with the USPTO’s broader goal of protecting the IP system overall.
The suspension of the expedited examination for industrial design applications is applicable to filings made on or after April 17, 2025, with any requests made after that date being rejected and refunded.
Thailand
The Thai Department of Intellectual Property (DIP) reportedly implemented a new fee schedule as of February 1, 2025 with the changes to costs spanning across international applications, search, and processing fees, as well as surcharges for late payments.
Among the most significant fee alterations, a new 50% surcharge is said to have been introduced, applied to the overdue amount. This surcharge is applicable to the basic international application fee only, excluding additional charges such as the fees for applications exceeding 30 pages.
New fee reductions are also available to applicants from certain jurisdictions provided they meet the residency or nationality requirements. For filings with multiple applicants, all inventors named must qualify in order for the fee reductions to be applied.
Further fee reductions may apply for entities which designate the United States Patent and Trademark Office (USPTO) as the International Searching Authority, so long as they qualify as small or micro entities under U.S. federal regulations.
The alterations to the aforementioned fees aim to bring the Thai international search fees in line with those set by international search authorities.
The beginning of 2025 also saw the opening of a public consultation in relation to draft amendments to the Thai Patent Act. Whilst not finalized, the proposed changes aim to modernize the country’s IP legal framework and bring it further in line with international standards.
Among the proposed changes, the patent examination process is set to become more streamlined, and an overhaul of the patent fee schedule is expected to be introduced.
More detailed information is likely to be reported as the process advances.