How to get Thai Patent (in English)

(Procedures)
4-1 How about the procedures after filing documents?
4-2.After the gazette of patent has been published, will we be informed from Thai Government ?
4-3. When do we pay each service fee to your office ?
4-4. How many days does it take to check formality check and to publish a gazette about patent application ? And does it take service charge fee of its publication ?
4-5. What is the request for examination of patent ?
4-6. In the case that we have another application in other foreign country, and if we got the result of the examination of patent in the said country earlier than in Thailand, do we have to inform it to Thai Government ?
4-7. How do we have to inform the result of the foreign country’s examination when we knew it ?
4-8. How long does it take time to be registered the application after we request the examination ?      

(Patent Right)
5-1 How many years do we have a patent right ?
5-2 Can we renew a patent right ?
5-3. How do we know about the patent Act in Thailand ?
5-4. How to contact your office ?  

(Patent )
1-1What are the main requirements for Patent of the invention ? 

Pursuant to the section 5 of the patent Act 1999, invention as follows may be granted as a patent.:
(1)  the invention is new
(2)  it involves to an inventive step, and
(3)  it is capable of industrial application

And, pursuant to the section 6, the following Patents are prior art, which shall not be deemed to be new:
(1)  an invention widely known or used in the Kingdom prior to the date of the patent application;
(2)  an invention of which the essentials or specification were disclosed in a published document or printed matter, whether in this or a foreign country, prior to the date of the patent application and whether the disclosure by document, printed matter, exhibition or a public disclosure by any means whatsoever; 
(3)  an invention already patented or petty patented within or without the Kingdom prior to the date of application for patent;
(4)  an invention already applied for a patent or a petty patent outside the Kingdom for over 18 months prior to the date of application for patent, but patents has not been granted;
(5)  an invention for which an application for patent or petty patent has already been made within or without the Kingdom, and the application has been published before the date of filing the application in the Kingdom.

1-2 What inventions are not protected by the Patent Act ? 

 Pursuant to the section 9 of the patent Act 1999, the following inventions are not protected by the Patent Act :
(1)  naturally existing microorganisms and their components, animals, plants or animal and plant extracts;
(2)  scientific or mathematical rules or theories;
(3)  computer programs;
(4)  methods of diagnosis, treatment and care of human and animal diseases;(5)  inventions contrary to public order, morality, health or welfare 

(Priority)
2-1　What kind of foreign country can we claim priority?

It will be able to claim priority in any country which has already joined in WTO treaty. The period to be able to claim priority is within 12 months from the date of the first application in other country. In the case when you have filed the application using PCT, it is also possible to claim priority. 

2-2 What about the circumstances of treaty in the world which Thailand is a member? 

Thailand has joined a member of WTO (World Trade Organization),and hasn’t joined Paris convention for the Protection of Industrial Property, Hague Agreement and Locarno Agreement yet. 

The applicant shall prepare the documents as follows in filing the application;(1)  Detailed description of the invention.(The description with priority claims is acceptable in any languages on the filing date. However, within 90 days from the filing date, Thai translation of the said document shall be submitted. Moreover, in the case where the applicant doesn’t claim the priority, the Thai translation shall be submitted at the filing date.
(2)  legalized and/or notarized power of attorney (in English or Thai. Please refer to3-2 )
(3)  Deed of assignment (It is needed in the case that there is an assignment about the right. It is necessary to prepare in English or Thai.)
(4)  The certificate of priority (It is needed in the case that he claims the priority.)(5)  Statement of Applicant’s Right to apply for a patent (If the applicant and the inventor is the same individual person, it shall be prepared in English or Thai.)

If he can’t file the documents in (2), (3) and (5) at the filing date, it will be possible to extend the date of filing for 90 days.
The applicant who claims priority shall file the document (4) within 16 months from the priority date. We recommend you to file it as soon as you can. 

3-2　What is the power of attorney attached the document by a notary public ? 

In the case where the applicant is a foreigner, the applicant must have agent in Thailand. The power of attorney is filed and notarized by a notary public or legalized by the Royal Thai Embassy/ Consul in the case there is no notary public in that country, showing that the applicant has the power to apply for registration in Thailand. In addition, the Thai/ foreign applicant has to appoint an agent who has only been registered with Thai patent office. 

3-3 If the applicant has already prepared a document of general power of attorney , is it necessary to prepare a new one for the next application ? 

No. Our office will prepare it for the next time. 

3-4 Is it possible to file the description of invention in another language ? 

If you claim priority, it is possible. But, we need the title of invention in English when we file the application. 

3-5 In the case that we don’t claim priority but we haven’t prepared the description of invention in Thai yet, how many days does it take to translate into Thai ? And, how much does it cost to translate it ? 

It depends on the foreign language, field of invention. So, if you need to translate foreign language into Thai, please contact us. 

3-6 I heard that it is necessary to prepare a document by notary public which certificates the document of power of attorney. When we prepare a deed of assignment, is it also necessary to prepare a document like that? 

No, it isn’t. It isn’t necessary to prepare it with a deed of assignment. 

3-7 Is it necessary to prepare a document of a power of attorney at each time ? 

Recently it has been possible to file a general power of attorney. 

3-8. What point do we have to be careful of in the signature of document between power of attorney and a deed of assignment ? 

 It shall be the same signature between the document of power of attorney and a deed of assignment. But, in the case if the applicant uses a document of general power of attorney, it doesn’t need to be the same signature between the document of a general power of attorney and a deed of assignment. 

3-9. Is it necessary for the representative in our company or organization to go to notary office ? 

No, it isn’t. It depends on the company’s policy and the law related in each country, but in some cases, the person who are in charge or the person acting department head can go there. 

3-10. Until when do we have to send these filing documents to your office ? 

If the applicant claims priority, it is possible to send those documents by fax until the last date of priority. But if he doesn’t claim priority, it will take about 4 or 5 weeks to translate those documents into Thai.
We recommend the applicant to use courier services, for example, DHL, Federal Express, EMS, OCS and so on, and please be careful of Thailand long holiday (for example, Sonkran holiday in April) 

After filing documents, there are enough time not more than 90 days to amend documents. So, it is possible to file the document which has not filed in the application date yet , for example, legalized or notarized power of attorney, Thai translation of description about invention and so on.
After 90 days, it is possible to ask for extension of filing documents for 30 days, but it is necessary to request its extension before 10 days of the expiring date of the said 90 days. (But submitting the Thai translation of the description of the invention can’t extend again.)   . 

4-2.After the gazette of patent has been published, will we be informed from Thai Government ? 

There aren’t any report from Thai Government about the publication, therefore we are watching out and let you be informed about each information. And also, we ask you whether you will request the examination or not. 

4-3. When do we pay each service fee to your office ? 

We will send invoice after the date of application, the date of publication and other actions. And after the documents have been filed and finished to translate into Thai within about 3 months, we will send these copied documents to you to inform these actions. 

4-4. How many days does it take to check formality check and to publish a gazette about patent application ? And does it take service charge fee of its publication ? 

It depends on the field of invention, especially, in the field of mechanics, physics or biology, it takes more time to examine these inventions. At fastest within 6 months from application, we will get a notice of asking to pay a commission fee about publication of patent in the case of amendment. There will be a publication of patent application within 3 months after we paid the publication fee. This publication date is a starting date of the opposition periods (for 90 days) and the request periods for examination of patent (for 5 years). 

4-5. What is the request for examination of patent ? 

Pursuant to the section 29 of the patent Act 1999, the applicant shall request the competent officer to examine the invention as to its conformity with Section 5 within 5 years after publication of application. If there isn’t any request to examine the invention within 5 years, the application shall be deemed to have abandoned. And, it isn’t possible to request to examine the invention at the same time you file this application. 

4-6. In the case that we have another application in other foreign country, and if we got the result of the examination of patent in the said country earlier than in Thailand, do we have to inform it to Thai Government ? 

Yes, the applicant shall inform the result to the Thai Government within 90 days since you have received it from the said country. The period “90 days” is not the period which has been decided officially, but we recommend you to inform as soon as possible. 

4-7. How do we have to inform the result of the foreign country’s examination when we knew it ? 

The necessary documents to file are, “a publication of patent registration ”as Japanese examination result, or “ a United States Patent Publication゛as US examination result. You don’t have to prepare for the certificate about the said documents.
If we haven’t got the result of patent examination from other foreign country like that, alternatively we can request Thai Patent Office for asking Australian Patent Office to examine it, which examination fee is around twenty thousand baht depending upon currency exchange. It takes about several months to get the result of it, and those procedures are arranged by Thai Patent Office. 

4-8. How long does it take time to be registered the application after we request the examination ? 

As far as we have experienced, it takes about at least 2 years to be registered. From Thai Government’s opinion, they said that it takes 2 years to register a patent. But, it takes more time than they said.      

(Patent Right)
5-1 How many years do we have a patent right ? 

The registration of a Patent shall have a term of 20 years from the date of filing date. 
5-2 Can we renew a patent right ? 

No, you can’t. 

5-3. How do we know about the patent Act in Thailand ? 

Our website is offering the page about IP Laws in Thailand. At the page about the Patent Law, the member of the website of us can link to the page “The Patent Act in 1999“. If you want to be the member of our website, please link to “member registration” and register it. 

5-4. How to contact your office ? 

Please link to our website page "Contact us"