FAQs: Intellectual
Property
Patent
Q.
Does Thailand have "absolute novelty" requirement?
A. Yes.
Q.
What is the deadline for filing a new patent
application claiming priority from its corresponding application
filed in another country?
A. 12 months from the
first filing date.
Q. Must a Thai translation
of the priority document be submitted to the Thai Patent Office?
A. No.
Q.
Can
the specification be filed with the Thai Patent Office in the
original language first in order to obtain an early filing date?
A. Yes,
if the application claims priority. If not, the specification
must be filed in the Thai language.
Q.
Does
the Power of Attorney and Deed of Assignment need to be legalized?
A. No.
However, the Power of Attorney needs to be notarized.
Q. What
is the deadline for submission of the notarized Power of Attorney
and Deed of Assignment? Can this term be extended?
A. 90 days from filing
date. Yes, it can be extended twice--for 90 days and 30 days thereafter.
Q. In case the applicant
and inventor happen to be the same individual, what is the document
required instead of the Deed of Assignment?
A. An executed Statement
of Applicant's Right. It does not need to be notarized.
Q. Is the substantive examination
of a Thai patent application for invention automatically initiated
by the examiner after publication?
A. No, a request
for substantive examination must be filed by the applicant.
Q. What is the deadline for
filing a request for substantive examination?
A. The examination must
be filed within five years from the date of publication of the
application in the Patent Journal.
Q.
Is it necessary to file a request for the examination of design
patent applications?
A. No, the examination
will be automatically carried out after the lapse of the period
allowed for opposition (3 months after publication).
Q.
Can the deadline for paying the publication fee and the
registration fee be extended?
A. No.
Q.
Is it possible to amend a patent specification after the
registration fee has been paid?
A. No.
Q. How
long is the term of protection of design patent, invention patent
and petty patent?
A. 10 years for design
patent, 20 years for invention patent and 6 years for petty patent.
Q.
Can the term of protection of design patent, invention patent
and petty patent be extended?
A. The term of protection
of design patents and invention patents cannot be extended. For
petty patents, it can be extended twice for a period of two years
each.
(October
4, 2007)
The
above is intended to provide general information only. The contents
do not constitute legal advice and should not be relied upon as
such. If legal advice or other expert assistance is required,
the services of competent professionals should be sought.
For
more information, please contact Darani
Vachanavuttivong (formerly Vipa Chuenjaipanich),
Co-Managing Partner & Managing Director, Intellectual Property
Department (darani.v@tillekeandgibbins.com).
