Thai Patent Application

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Release time:2016-05-12

Overview of Patent Applications in Thailand

A patent must meet certain criteria. Different standards are used to apply for different protections. During the period of patent protection, the patent owner has the exclusive right to develop and utilize his invention in any country that recognizes the patent. In Thailand, if a product or process is to be patented, it must be novel, inventive and applicable to industry.

 

Classification of Patent Applications in Thailand

1. Application for invention patent

Due to the territorial nature of patent protection, inventors are required to apply for patent protection in each country where their patents need to be protected. In most jurisdictions, inventors can request patent protection in other countries within one year of the initial patent application. For example, an inventor can file the same patent application in other countries within one year after first filing a patent in Thailand.

2, small patent

A small patent is a product or production process that is novel and can be applied in industry. Because there is no requirement for inventive creativity, small patents are easier to apply for patents. However, the effective protection period of small patents is only 10 years from the date of filing the patent application. An inventor's invention cannot apply for a patent and a small patent at the same time, only one of them can be applied.

3. Industrial design patents

Designers of new industrial designs, including handicrafts, can apply for design patents.

 

Examination of Patents in Thailand

The preliminary examination is to examine whether the documents of the patent application are complete, whether the writing of the documents meets the requirements, whether the modification is legal, whether the content of the application conforms to the principles of public order, social morality and singleness, and whether it falls within the scope of patent law protection. For the examination of a patent application, the executive staff may notify the applicant and require him to state his opinions, or provide documents, or submit other materials within the agreed time limit. If the applicant fails to submit the documents within the 90-day time limit, the director of the Intellectual Property Office may decide to extend the application period, and shall be deemed to have abandoned the patent application.

If the Director of the Intellectual Property Office meets the requirements for an application for a patent for invention and falls within the scope of protection under the Patent Law, he shall announce the application and notify the applicant to pay the patent application announcement fee. The applicant fails to pay the patent application announcement fee within 60 days from the date of receipt of the notice If the patent application announcement fee is paid, the application shall be deemed to have been abandoned. Within 5 years from the date of publication of the announcement, the Intellectual Property Office may conduct substantive examination based on the application filed by the applicant at any time. If the applicant fails to apply for substantive examination within the time limit, it shall be deemed to have abandoned the patent application.

If, after conducting a substantive examination of an application for a patent for invention, the Office of Intellectual Property considers that it does not comply with the provisions of the Patent Law, it shall make a decision to reject the application and notify the applicant.

Grant of Patent Rights in Thailand

If the application for a patent for invention is found to be rejected after substantive examination, the Director of the Intellectual Property Office shall make a decision to grant an invention patent to the applicant, and the executive staff shall notify the applicant and require him to pay the application fee within 60 days after receiving the notice. And grant a patent certificate to the applicant within 15 days after receiving the application fee.

If no grounds for rejection of a design patent are found after preliminary examination, the Director of the Intellectual Property Office shall make a decision to grant a design patent to the applicant and grant a patent certificate to the applicant.

If no reason for rejection is found after preliminary examination of the patent for utility model, the Director of the Intellectual Property Office shall make a decision to approve the registration of the invention and grant the certificate of patent for utility model.

 

Term of Patent Protection in Thailand

1. The effective protection period of the invention patent is 20 years from the date of filing the application.

2. The effective protection period of small patents is only 10 years from the date of filing the patent application.

The effective protection period of industrial design patents is 10 years.