The Thai Patent Act, as amended in 1992
and 1999, provides protection for patents of inventions, designs,
and petty patents. The term of protection is 20 years for an invention
patent, 10 years for a design patent, and 6 years for a petty
patent, counted from the filing date of the application.
According
to the amended Thai Patent Act which came into force on September
27, 1999, the right to apply for patent protection will no longer
be restricted to Thai nationals and nationals of countries that
have reciprocal patent agreements with Thailand. The right to
apply for patent protection will also be extended to nationals
of countries which are parties to international patent treaties
or conventions to which Thailand is also a party. Since Thailand
is a member of the WTO and thus TRIPs, nationals of WTO member
countries will receive the same protection accorded to Thai nationals.
After
the filing and preliminary examination of an application, it is
published in the official Patent Journal in the Thai language.
Any opposition must be made within 90 days from the date of publication.
After
publication of an invention application, the applicant shall request
a substantive examination of the invention for novelty and inventive
step. This request must be made within five years from the date
of publication of the application or, in the event of an opposition
and an appeal has been filed, within one year from the date of
the final decision, otherwise the application will be considered
abandoned. In general, it takes a period of three to five years
for an invention patent, one to two years for a design patent,
and three to six months for a petty patent to be issued.
The
following are not patentable:
- microorganisms
which naturally exist and their components, animals and plants,
or extracts from animals and plants;
- scientific
or mathematical rules or theories;
- computer
programs;
- methods
for diagnosing, treating or curing human or animal diseases;
- an
invention for which a patent application is pending in a foreign
country for more than 18 months prior to the date of the Thai
application;
- an
invention/design which has been disclosed to the public and/or
patented or registered elsewhere prior to filing of the Thai
application; and
- an
invention which is contrary to public order, morality, health
or welfare.
Instruction
Notes
General:
Translation
into Thai of all documents to be filed must be accomplished by
us. For registration purposes, all documents have to be in the
Thai language. We shall need at least two weeks for translation
of specification. For urgent cases, specification in the original
language may be filed first but must be followed by the Thai translation
within 90 days.
Application:
The following must accompany an application
to file a patent:
- A
new, notarized power of attorney for each application or a
general power of attorney.
- An
assignment (if applicant is not the inventor) bearing signatures
of both assignor and assignee and dated earlier than the power
of attorney.
- A
statement of applicant's right (if applicant is the inventor).
- Specification
of the invention (or design) in English (3 copies).
- Claim(s).
- An
abstract.
- Drawings/photographs
on A-4 size paper, if necessary, for a better understanding
of the invention.
- Instruction
if priority is to be claimed.
- Instruction
if publication is to be deferred (Thailand has an early publication
system).
Documents
(1), (2) and (3) may be filed within 90 days from filing date
of application in Thailand.
Priority Document:
This must be submitted to the Thai Patent
Office within 16 months from the first filing date but before
publication of the Thai application.
Application Relating
to Microorganisms:
Copy of Certificate of Deposit of microorganism
with an internationally accepted depository body must be submitted
within 90 days from filing date of application in Thailand.
License Registration:
Patent licensing agreements must be registered
with and approved by the Thai Patent Office. Failure to do so
may result in cancellation of the patent.
Abandonment:
It is provided that an application shall
be deemed abandoned under the following circumstances: non-response
to the outstanding office action, non-submission of the required
documents, and non-payment of fees due.
Assignment:
A notarized power of attorney from assignee and a deed of assignment
bearing the signatures of both assignor and assignee are required.
Change of Name:
A certified copy of certificate of change
of name and a notarized power of attorney from the company in
its new name are required.
Search:
A search with regard to a patent
application is permitted only after the application has been published
in the Thai Patent Journal.
Opposition:
A duly completed Patent Office opposition
form must be submitted within 90 days of publication.
Appeal:
An appeal must be made to the Thai Patent Board of Appeals within
60 days after receipt of notification from the Director-General
of his refusal to grant a patent.
Working:
If a patent has not been worked for three
years after being granted or four years after filing of application,
whichever is longer, a compulsory license may be issued.
Services
I.
General
Application
for registration of license
Application for assignment of patent
Issuing a licensing certificate
Issuing a substitute of a patent or a licensing certificate
Opposition to the grant of a patent
Counterstatement
Appeal against an order or a decision of the Director-General
Registering change of name or address
Conducting a search
Submission of examination report of corresponding application
Translation
Preparation of print
II.
Invention
Application
for invention patent
Filing of Thai specification
Late filing of documents
Obtaining extension of time
Filing priority document
Assignment of application
Amendment
Publication of each application
Request for examination of application in Thailand
Request for special examination in Australia
Receiving a patent
III.
Design
Application
for design patent
Late filing of documents
Obtaining extension of time
Filing priority document
Assignment of application
Amendment
Publication of each application
Receiving a patent
IV.
Petty Patent
Application
for invention patent
Filing of Thai specification
Late filing of documents
Obtaining extension of time
Filing priority document
Assignment of application
Amendment
Publication of each application
Request for examination of application in Thailand
Request for conversion from an application for patent to petty
patent
Receiving a petty patent
For more information, please
contact Ms. Vipa Chuenjaipanich,
Co-Managing
Partner and Managing Director, Intellectual Property Department,
Tilleke & Gibbins (e-mail vipa.c@tillekeandgibbins.com).
(Updated April 1, 2001)
ŠTilleke
& Gibbins, Bangkok, Thailand
