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Overview of Southeast Asia Patent
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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.
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 |
