Patents: Thailand

General Information

International Agreements : Thailand is not a PCT Member State.

Patent Types : New Invention Patent

Novelty : In general, to satisfy novelty, the Thai application must be filed within 18 months after the priority application and; to claim priority, the Thai application must be filed within 12 months of the priority application. 
However, even if the patent has been published, we may still be able to file, provided that the priority application was filed no more than 12 months before the Thai filing date, we can claim priority and, that the patent has not been granted in any country yet.

Publication : Yes - The publication period is 90 days.

Examination : Yes -we can file a request for substantive examination as soon as the application is published.

Compulsory licensing : Yes - Three years after the patent is granted or, 4 years after the application date, any person may apply to the Director General of the Patent Office for a license if it appears at that time that the patentee is not exploiting the patent in Thailand or, if the patented product or process is sold at an unreasonably high price or in insufficient quantities to meet domestic demand and; that the applicant has shown that he has made a reasonable effort to obtain a licensee from the patentee for reasonable compensation but has failed to come to terms within a reasonable period.

Protection Term : 20 Years.

Annuity Payments : Annually - starting from the 5th year (4 years after the filing date) until 
the 20th year. 

 

Filing Requirements

Patent Filing Requirements

Minimum Filing requirements

  1. Full name, nationality and address of the applicant and the inventors(s). 
  2. Specification, claims, abstract and drawings. 
  3. Data of the priority application.

Then, within 90 days after filing, we need to submit:

  1. Power of Attorney Notarized.
  2. Deed of Assignment with Original Signatures (no Notarization or legalization required). 
  3. Certified copy of the priority application.
  4. Thai translation of the specification and claims (We provide).

 

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