Patents in Thailand – Dej-Udom & Associates conducts searches and handles all available patent registrations in Thailand.

Invention Patents
Registration Procedure  

 

The application will undergo a preliminary examination before being published.  If considered necessary, the Examiner may request further information or clarification of the invention details.  The application will then proceed to publication.  During the 90-day publication period, any person may file an opposition claiming better right or that the invention does not meet the requirements of a patentable invention.  A request for substantive examination must be filed within five years of publication or within one year of successfully overcoming an opposition.  The patent will be granted upon positive examination and payment of the registration fees.  In Thailand, an Invention Patent is valid for 20 years from the date of filing.

 

Normally, even if an application passes through the preliminary examination without the need for any amendments, it can still take up to one year to proceed to the 90-day publication period.  Thereafter, depending on how complex the invention is, once a request for a substantial examination has been filed, it can take a further five years or more before the substantial examination is completed.

 

Supporting Documents

Results of overseas search or examination reports and patent documents should be filed with the request for substantive examination.  In most cases, when an overseas search report is available, the Examiner will not consider it necessary to have an international search conducted.  If an acceptable overseas search report is not available, the Examiner will request that the Applicant pay for an international search.  The cost of such a search normally ranges from US$350-650.

 

Priority Claim

An applicant who has filed an application in a foreign country may claim the first foreign filing date as the filing date in Thailand if the first foreign application was filed not more than one year prior to application in Thailand and the application was filed in a country that accords reciprocal rights to Thailand.

 

Please note that the deadline for filing a priority application is the day before the expiration of the one-year period from the date of first filing.

 

Design Patents

Registration Procedure

 

The application will undergo a preliminary examination before being published.  The application will then proceed to publication.  During the 90-day publication period, any person may file an opposition claiming better right or that the invention does not meet the requirements of a patentable invention.  The application will then proceed to substantive examination.  The patent will be granted upon positive examination and payment of the registration fees.  In Thailand, a design patent is valid for 10 years from the date of filing.

 

Normally, even if an application passes through the preliminary examination without the need for any amendments, it can still take up to one year to proceed to the 90-day publication period. Thereafter, it can take a further one to two years before the substantive examination is completed and the application is accepted for registration.

 

Priority Claim

An applicant who has filed an application in a foreign country may claim the first foreign filing date as the filing date in Thailand if the first foreign application was filed not more than six months prior to application in Thailand and the application was filed in a country that accords reciprocal rights to Thailand.

 

Please note that the deadline for filing a priority application is the day before the expiration of the six-month period from the date of first filing.

 

Petty Patents  

Registration Procedure

 

The application will first undergo a preliminary examination.  The petty patent will then be granted upon payment of the registration fees and will proceed to publication. For a period of one year after publication, any interested person may request that the petty patent undergo a substantive examination.  If as a consequence of the substantive examination, the petty patent is found to fail to satisfy the provisions of the Patent Act, the petty patent will be canceled.  A petty patent is valid for an initial six years; thereafter it may be renewed for two consecutive two-year periods.

 

Normally, it will take one year for a petty patent to be accepted for registration and subsequent publication.

 

Priority Claim

An applicant who has filed an application in a foreign country may claim the first foreign filing date as the filing date in Thailand if the first foreign application was filed not more than one year prior to application in Thailand and the application was filed in a country that accords reciprocal rights to Thailand.

 

Please note that the deadline for filing a priority application is the day before the expiration of the one year period from the date of first filing.

 

Patent Convention Treaty (PCT) National Phase Application

Registration Procedure

 

As Thailand became a member of PCT on December 24, 2009, the international application filed on or after December 24, 2009 can enter the national phase in Thailand. For a national phase application based on PCT application, the time to entry a national phase is 30 months from the date of the first filing.
The application will undergo a preliminary examination before being published. If considered necessary, the Examiner may request further information or clarification of the invention details. The application will then proceed to publication. During the 90 day publication period, any person may file an opposition claiming better right or that the invention does not meet the requirements of a patentable invention. A request for substantive examination must be filed within five years of publication or within one year of successfully overcoming an opposition. The patent will be granted upon positive examination and payment of the registration fees. An Invention Patent is valid for 20 years from the date of filing.

 

Time Frame
After filing, the application is normally published within 12 months. Thereafter, depending on how complex the invention is, once a request for a substantial examination has been filed it can take a further two-three before the substantial examination is completed.

 

Annuities
Annuities must be paid in the 60 day period following the beginning of the fifth year of term of the patent and each year thereafter. If a patent is granted after the beginning of the fifth year of the term of the patent, the annuities due must be paid within 60 days of paying the registration fee.

 

Contact: Dr. Poondej Krairit | Email: ip@dejudom.com | Telephone: (66) 2233 0055

 

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