Summary THAILAND PATENTS 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 12 months from the date of the application in the foreign country.
ProcedureTHAILAND PATENTS APPLICATION 1.Searching
This is the first step before an application is made to file a patent. Although a prior search is optional it helps in determining the existence of filed patents. 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
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
Interested parties are required to submit their oppositions within 90 days of the publication being made. 6. Substantive Examination
A request for substantive examination has to be made within 5 years from date of publication. 7.Protection and Renewal
The term of protection for a patent is 20 years, petty patent is 6 years and that of design patents is 10years. ChargesPatent Application in Thailand | Items | Official Fees (USD) | Professional Fees (USD) | | 1. Filing an Application | 17
| 567
| | 2. Claiming Priority | 2
| 157
| | 3. Publication | 9
| 250
| 4. Request for Examination
| 9
| 414
| | 5. Grant Fee | 17
| 250
| TOTAL
| 54
| 1,638
|
Translation of patent specification from English to Thai per 100 words – USD26
Documents Required For Filing A Patent Application| Documents | Legalization/ Notarization | Time of Filing | | 1. Power of Attorney | Notarization
| Within 1 month from filing date | | 2. Deed of Assignment | Notarization
| Within 1 month from filing date | 3. Priority Document (if claiming priority)
| No
| Within 2 months from filing date |
Maintenance Fees Of Patent| Items | Official Fees (USD) | Professional Fees (USD) | 5th year
| 34
| 115
| 6th year
| 40 | 116 | | 7th year | 54 | 121 | 8th year
| 74
| 127
| 9th year
| 100
| 134
| 10th year
| 134 | 145
| 11th year
| 174
| 157
| 12th year
| 220
| 170
| 13th year
| 274
| 187
| 14th year
| 334
| 205
| 15th year
| 400
| 224
| 16th year
| 474
| 247
| 17th year
| 554
| 271
| 18th year
| 640
| 296
| 19th year
| 734
| 325
| | 20th year | 834
| 355
|
|
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