Legal Measures to Promote the Use of Patents for Environmental Protection in Thailand

Abstract

          This research article examines the role of patent law in environmental protection in foreign countries and Thailand, aiming to analyse related problems and propose appropriate guidelines or measures for employing patents for environmental protection in Thailand. The study involves a comparative analysis of legal measures and policies related to patents in Thailand, the United Kingdom, the United States, and the People's Republic of China. The findings reveal that these three countries have utilised patents as a means of protecting the environment. This includes employing legal measures to waive patent protection for inventions that could seriously harm the environment and policy measures that grant special rights to patent applications for environmentally friendly inventions, allowing for expedited examination and quicker patent issuance. However, the study of Thailand's patent laws revealed that, although there are legal measures and policies that can be applied for environmental protection, these measures are currently not effective, appropriate, or sufficient to significantly promote environmental protection. A particular issue identified is the ambiguity present within the law. Consequently, it is proposed that the Thai Patent Act of B.E. 2522 (1979) be amended to include “inventions that, if exploited, may cause serious damage to the environment” as a criterion under Section 9 (5). This amendment would allow for the exemption of such inventions from patent protection. Additionally, Section 24 of the Patent Act B.E. 2522 (1979) should be amended to establish a special route for the filing of patent applications for environmentally friendly inventions. This would prioritise and expedite the examination for such inventions, establishing a more sustainable approach to environmental protection in the future. Furthermore, the patent examination guidelines for officials should be updated to include clear criteria for assessing and evaluating inventions that may impact the environment, as well as adding specific details in the patent application regarding the environmental effects of the invention.