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is one of Thailand's leading and most widely recognized international law firm.

PATENT
information in Thailand


General Information


For perfect translation, our firm consists of expert patent engineers (Mostly They are Professor at the Top University in Thailand) all of whom have a career in translating patent specifications relevant to their own majors over 15 years, and the patent attorney in charge who reviews the translations of specification, claims and drawings completed by the engineers and computer science. Our firm in general reduces the application fees of patent and trademark matters by excluding any unnecessary work, and improving our patent application prosecution.

Moreover, from June 2001, we will start to accept specification in Japanese directly. (no need to translate from Japanese to English and English to Thai anymore)

Also, we will not charge an urgent fee for your patent application if you entrust us to file the patent application within three business days before the due date in Thailand.


Filing Requirement For Patent

The requirements for filing the Patent application on behalf of our clients are:

To file an application for patent and/or petty patent, the required documents below have to be submitted together with the application:


  1. Specification of invention
  2. Claims
  3. Abstract
  4. Drawings
  5. Power of Attorney
  6. Name and address of the applicant
  7. Name of the inventor/designer
  8. Information whether the color shall be claimed.
  9. Priority document if based on prior foreign application.

Filing Requirement for Design Application

The requirements for filing the design application on behalf of our clients are:

To file an application for design application, the required documents below have to be submitted together with the application:


  1. Claims
  2. Abstract
  3. Drawings: One full set of six-side views in orthographic projection as well as one perspective view (two sets if in form of photos). Each view of the same set except perspective view must be in the same proportion. No background is allowed. Copies of photos of views are not acceptable.
  4. Power of Attorney
  5. Name and address of the applicant
  6. Name of the inventor/designer
  7. Information whether the color shall be claimed.
  8. Priority document if based on prior foreign application.

Furthermore, the following documents have to be submitted to the Patent Office on filing date or within 90 days after the date of filing

  1. In case of a juristic person applies for; the applicant must furnish the examiner with Deed of Assignment. According to the Patent Act, the assignment should have both signatures of assignor and assignee.
  2. In case of inventor/creator applies for, he must fill up the Statement of Applicant’s Rights.
  3. Filing the above application on your behalf in Thailand, Power of Attorney is needed. Indeed, the applicant is required to grant his authorization to our agent registered with the Intellectual Property Department only. Also it must be notarized by notary public.
  4. Specification in Thai. Actually we will translate into Thai language by Professor at the University.

General Information

Regarding the Patent Act B.E. 2522 (A.D.1979) as amended in 1999, an invention for Patent And Petty Patent shall be protected under the following conditions.

An invention for Patent may be granted only under the conditions below;


  1. The invention is new
  2. t involves an inventive step and
  3. It is capable of industrial application

Invention means any discovery or invention resulting in a new product or process, or any improvement of a know product or process.

Whereas an invention for Petty Patent may be granted only under the following conditions;


  1. The invention is new and
  2. It is capable of industrial application

According to new invention for both Patent and Petty Patent, it should not be form part of the state of the art that includes;

  1. It had been already existed or broadly utilized locally prior to the filing date in Thailand.
  2. It had been locally or internationally publicized in any written documents.
  3. It had been officially granted as a patent or petty patent in or outside the kingdom prior to the filing date in Thailand.
  4. It was originally filed exceeding eighteen (18) months prior to the designated date of filing in Thailand.
  5. The original application had been published in or outside the kingdom prior to the designated date of filing in Thailand.

In addition to an inventive step for Patent application, it should not be obvious to a person ordinary skilled in the art.

Time Frame

The entire registration procedure under the Patent Act takes approximately 4-5 years on the assumption that no complication emerges. The normal stages of registration are:

1. Filing original application

The examiner shall take the initial step of observation on the application for registration since there is no rejection for any amendment or revocation, the examiner shall request for the payment of publication (Patent is around 1-1.5 years from filing date, Petty Patent is around 3-6 months.

2. Filing application for Publication

In case of patent, it is required to make the payment within 60 days after the date of receipt of the instruction above. At this stage, it is not only the examiner who makes the opposition once he finds mistakes, but the third party may also file a notice of opposition against the application within 90 days after the publication date. Whereas the petty patent, the examiner shall grant instruction of issuance and publication at the same time. The applicant shall make the payment of issuance fee within 60 days after receipt of the instruction. At this stage, applicant or third party may file a request for substantive examination within 1 year after the publication date.

3. Filing Request for Examination

Since the application for patent had been published, the applicant is responsible in applying for the foreign examination search within 5 years after the publication date It shall take around 2-3 years to search however; the applicant can speed up the procedure by submitting the result of the foreign examination. According to the Patent Act, there is no requirement for petty patent’s substantive examination. However, either applicant or one(s) may desire to file a request for substantive examination as selection measure as mentioned in 2.


4. Issuance of Certificate

Having found no opposition or mistake in the application, the examiner shall grant the certificate accordingly (2-3 years from filing a request for substantive examination).In case of petty patent, Issuance of certificate might be granted within 8-12 months after the date of filing.In case of some complication emerges, the schedule shall vary due to the accommodation procedure. Then you may review the additional stages and occurring fees in the schedule of charge in order.

Request schedule of charge
Request more information about patent


Term of Patent Protection

  1. Invention patents shall be valid for 20 years from the date of application.
  2. Design patents shall be valid for 10 years from the date of application.

An expired patent cannot be extended.

Note: when your application meets all the requirements, the officer will inform us, by post, to pay the issuance fee, and later they will issue you with the patent.


 

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