SummaryTHAILAND INDUSTRIAL DESIGN Patentable Subject Matter: An invention is patentable if: - it is new
- it involves an inventive step
- it is industrially applicable
Membership: Thailand is not a member of any of the international conventions like the Paris convention, Patent Co-operation treaty or the Madrid System.
However applicants of member countries to the World Trade Organisation (WTO)- including Thailand - may take benefit of a I year priority date for patent according to the a TRIPS. Priority applications for patents have to be filed within 6 months from the date of the application in the foreign country.
ProceduresTHAILAND INDUSTRIAL DESIGN APPLICATION 1.Searching This is the first step before an application is made for the registration of a trademark .Although a prior search is optional it helps in determining the existence of previous marks.
2.Application Every application is required to contain the following information: - Full details of the applicant
- English Language specification of the invention including claims, abstract and drawings,
- Power of Attorney
- Deed of Assignment
- Statement of Applicant's right in case the applicant is the inventor
- References of the priority application
- Certified copy of the priority application.
All papers have to be submitted within 90 days from the date of application. An extension of 30 days may be allowed on request. Thai translation of the specification must be lodged within 90 days from the date of application. A certified copy of the priority document must be lodged before the application is published in the official Gazette but not exceeding sixteen months from the date on which the corresponding application was first filed in a foreign
3. Preliminary Examination A preliminary examination of the application is done to test the compliance of legal requirements. The applicants may also be required to produce additional documents or materials within 90 days.
4.Publication If the examination is completed and the invention appears patentable it will be published in the Gazette.
5.Opposition A substantive examination will be conducted by the examiner if no opposition has been expressed within 90 days of publication. 6. Substantive Examination No request for substantive examination is made for the registration of designs. 7.Registration The time limit for obtaining a patent varies from 5 to 6 years from the date of filing the application.
If the design fulfills the requirements, the General Director will grant the patent a the recommendation of the examiner.
ChargesIndustrial design application in THAILAND
| Items | Official Fees (USD) | Professional Fees (USD) | | 1. Filing Application | 9
| 500
| 2. Publication
| 9
| 250
| 3. Claiming Priority
| 2
| 157
| 4. Substantive Examination Request
| 9
| 347
| | 5. Issuance of Certificate | 17
| 284
| TOTAL
| 46
| 1,538
|
* No multiple application. Documents Required For Filing INDUSTRIAL DESIGN APPLICATION| Documents | Legalization/ Notarization | Time of Filing | 1. Six (6) sets of representations must be drawings or photographs and shall be a size of not more than 160mm X 160mm.
| No | On filing date | | 2. Power of Attorney | Notarization
| Within 1 month from filing date
| | 3. Deed of Assignment | Notarization
| Within 1 month from filing date | 4. Priority Document (if claiming priority)
| No
| Within 1 month from filing date |
Maintenance Fees Of Industrial Design| Items | Official Fees (USD) | Professional Fees (USD) | 5th year
| 17
| 110
| | 6th year | 22
| 111
| | 7th year | 32
| 114
| | 8th year | 47
| 119
| | 9th year | 67
| 125
| | 10th year | 92
| 132
|
|