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Patent | Thailand

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Patent

Summary Application Procedure Filing Requirements Charges Documents Required

In Thailand, patent protection is obtainable by way of filing a direct national application.

1. Legislations:
Patent Act B.E. 2522

2. Patentability Criteria:
An invention is patentable if:

  • it is new
  • it involves an inventive step
  • it is industrially applicable


3. Utility Innovations:
Thailand has both patents and “petty patents” (utility model patents). Petty patents are granted to “inventions” that are new and industrially applicable, but lack an inventive step.

4. Membership:
√ – Paris Convention
√ – PCT

Thailand is a member of the Paris Convention from 2008, whereby applications from convention countries will be subject to the same priority date in Thailand. The application for priority has to be made within six months of the first application in a convention country.

5. Rule of Priority:
“First to file” is the rule followed by Thailand in determining priority of patents.

6. Duration:
The term of protection for a patent is 20 years, petty patent is 6 years and that of design patents is 10years.

1. Filing of Patent Application
Every applicant is required to an application to the registrar of patents within 12 months of priority date.

2. Preliminary Examination
A formality 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.

3. Publication
If the examination is completed and the invention appears patentable it will be published in the Gazette.

4. Opposition & Substantive Examination
Interested parties are required to submit their oppositions within 90 days of the publication being made. Whereas request for substantive examination must be filed within 5 years from the date of publication.

5. Registration
In case there is no opposition and Examiner finds no mistake in the patent or product design patent, the Examiner shall order the applicant to pay the registration fee. After payment is received, the Registrar shall grant the Certificate of Registration accordingly

The following information and/or documents are required to file an application for a patent in Thailand:-

Direct National Application:-
1. Request for the grant of a patent:-
a) the name and address of the applicant;
b) the name and address of the inventor;
c) a specification comprising a description, claims and any necessary drawings; and
d) the country and filing particulars (including the serial number and filing date) of basic application whose priority is claimed.
2. Appointment of Patent Agent
3. Filing of an assignment from inventor to applicant.

PCT National Phase Application
1. a copy of the PCT application in English language (i.e. request form PCT/RO/101);
2. the details of the PCT application (suitably, the bibliographic page as published by WIPO);
3. one copy of the PCT specification as originally filed (in or translated to English);
4. one copy of any amendments filed in the international phase (in or translated to English);
5. an Appointment of Agent form signed by the applicant; and
6. if the applicant is not the inventor, a statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment.

Application Fees

Items Official Fees (USD) Professional Fees (USD)
1. Filing an Application 17 570
2. Claiming Priority 2 144
3. Publication 9 180
4. Request for Examination 9 340
5. Grant Fee 17 200


Translation of patent specification from English to Thai per 100 words - USD20

Maintenance Fees
Items Official Fees (USD) Professional Fees (USD)
5th year 1000 220
6th year 1200 220
7th year 1600 220
8th year 2200 220
9th year 3000 220
10th year 4000 220
11th year 5200 220
12th year 6600 220
13th year 8200 220
14th year 10000 220
15th year 12000 220
16th year 14200 220
17th year 16600 220
18th year 19200 220
19th year 22000 220
20th year 25000 220

Basic Requirements

Documents Remarks Time of Filing
Patent specification (description, claims and abstract) - On filing date
Thai translation of the specification (description, claims, abstract) - Within 90 days from filing date
Drawings (if any) On filing date


Additional Documents
Documents Remarks Time of Filing
Priority documents certified copy from the respective Patent Office required Within 16 months from the priority date or before publication
Power of Attorney duly signed and notarized On filing date
Deed of Assignment (if applicant(s) is not inventor(s)/ designer(s)) Signed by all inventor(s)/ designer(s) and applicant(s)/ Original required; NO notarization required On filing date
Statement of Applicant’s Right (if applicant(s) is inventor(s)/ designer(s)) Signed by all inventor(s)/ designer(s) and applicant(s)/ Original required; no notarization required On filing date


Optional Documents
Documents Remarks Time of Filing
Foreign examination report/ granted patent of the corresponding patent from one of the major patent office Submission can speed up the examination Date of request of substantive examination or anytime during examination


Additional Documents for Entry of PCT National Phase in Thailand
Documents Time of Filing
English translation of the international application (if it is filed in a language other than English)
On filing date
A copy of the International Search Report (form PCT/ISA/210) On filing date or within 2 months from the date of entry
A copy of Notification Concerning Submission or Transmittal of Priority Document (form PCT/IB/304) On filing date or within 2 months from the date of entry.
Details of the PCT application (suitably, the bibliographic page as published by WIPO). On filing date
International preliminary examination report international search report (chapter 2). On filing date (if available) or anytime during the pendency of the examination or anytime while the examination is active
Notification of Recording of a Change;
(a) Inventor
(b) Name
(c) Applicant
On filing date (if available) or anytime during pendency of the application
One copy of the PCT specification as originally filed (in or translated to English). On filing date
One copy of any amendments filed in the international phase(in or translated to English). On filing date or anytime while the application is active

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