Office Action Response
Received a notice ordering you to amend or refusing your patent/trademark application from the Department of Intellectual Property? Our team helps analyze the notice and draft a response or appeal in time to meet the deadline.
Who It's For
An Office Action is a notice from the Department of Intellectual Property issued during examination of your application. It may order you to amend the application, provide further clarification, or notify you of a refusal — each with a response deadline you must meet as stated in the notice.
Common Reasons the Department Issues an Office Action
Sample Government Fees
Actual fees depend on the type of application (patent/petty patent/trademark) and the type of petition to be filed — the figures below are examples from the patent side only.
What to Send Our Team
- The complete Office Action notice from the Department
- The original application documents filed
- The response deadline stated in the notice
Fees for Appealing a Registrar's Ruling (Form Kor.03)
Deadline warning: For an appeal of a trademark application refusal under Section 16 or 17 (for example, refused for lack of distinctiveness, or for being identical/similar to another party's mark in a way likely to cause confusion), you generally must file the appeal within 90 days of the date the applicant receives the registrar's written notice of the ruling.
This deadline applies only to appeals under Section 16/17 — an Office Action or other type of Department ruling may carry a different response or appeal deadline depending on the section and ruling involved. Always check the actual notice you receive immediately upon receiving it, rather than assuming any single deadline as a default.
Failing to act within the legal deadline may forfeit your right to appeal, and the application may be treated as Abandoned or removed from the register, depending on the type of ruling and the relevant provisions in each case.
Frequently Asked Questions
How many days do I have to respond to an Office Action?
The response or appeal deadline is not the same in every case — it depends on the type of registrar's ruling and the relevant section. For example, an appeal of a refusal under Section 16/17 generally has a 90-day deadline from the date the notice is received, but other types of rulings may carry different deadlines. Always check the deadline stated in the actual notice you receive, and contact our team as soon as possible if the deadline is approaching.
What happens if I don't respond within the deadline?
You may lose the right to proceed further or to appeal, and the application may be treated as Abandoned or removed from the register, depending on the type of ruling and relevant provisions in each case. You should always respond or file an appeal within the deadline.
Can I respond to an Office Action myself? Why use an agent?
Yes, you can respond yourself, but a clarification or amendment requires understanding the standards examiners actually apply. Responding off-point or amending incorrectly can cause the application to be refused again, or unnecessarily lose part of your rights.
How does the Form Kor.03 appeal fee differ from the amendment petition fee?
They're different types of government fees: the petition fee to amend an application (for example, THB 50 on the patent/petty patent side) is paid when requesting to amend details of a filed application, while the Form Kor.03 appeal fee (THB 4,000 or 2,000 depending on the section) is paid when filing an appeal of a registrar's refusal or ruling to the board. Both are always separate from Patent To You's service fee.
How does an Office Action on the patent side differ from the trademark side?
On the patent/petty patent side, it's usually issued because claims are unclear or too broad/narrow, closely related prior art exists, or supporting documents are incomplete. On the trademark side, it's usually because the mark is identical or similar to an already-registered one, lacks distinctiveness, or has been opposed by a third party. The response approach differs by cause.
What cases involve fees beyond the THB 9,000 starting price?
The final quote may vary based on the complexity of the petition and the actual scope of work required — for example, the number of rounds of clarification needed, or the need to prepare additional evidence. Our team will always provide a clear quote before starting work.
My application was previously refused — can I file a new application instead of appealing?
Generally both are possible, depending on the reason for refusal and the time remaining. In some cases filing an appeal may be faster and cheaper; in others, filing a new application with the problem fixed may suit better. Our team will help assess the most cost-effective approach for your actual case.
What documents do I need to send your team to get started?
Send the complete Office Action notice from the Department, the original application documents filed, and the response deadline stated in the notice. Our team will assess the approach and advise on next steps as quickly as possible, especially if the deadline is approaching.
Received an Office Action and not sure what to do?
Send us the notice for a free assessment, before the deadline.