How to get IPR in Thailand

                                                           Thai version

2. How to Get a Petty Patent in Thailand

• Procedure of a Petty Patent Registration

• Petty Patent Application

The Thai petty patent application shall proceed as follows:

1. First of all, an applicant has to apply for either petty patent or patent in the same invention. The applicant shall submit an application form with application fee. He shall enclose the following documents:

1.1. An application form

1.2. A description of invention

1.3. Claim(s)

1.4. Drawing (if any)

1.5. An abstract

1.6. Other documents e.g. Assignment form, Power of attorney, Statement of applicant's right

In the description of the invention, the following topics have to be included in order:

• Title of the invention
• Field of the invention
• Background of the invention
• Nature and purpose of the invention
• Brief description of drawings(if any drawing)
• Disclosure of the invention
• Industrial, handicraft or commercial applicability
• The best method of the invention

2. After an application has been filed, the petty patent application shall be examined by a competent officer to see whether it conforms to Section 65 decem. Patent for Invention shall apply mutatis mutandis with Petty Patent.

• If the petty patent has not been in compliance with Section 65 decem, the Director-General shall revoke the petty patent and the competent officer shall notify the applicant of rejection by registered mail within 15 days since the Director-General has ordered to do so.
• If the petty patent has been in compliance with Section 65 decem, the competent officer shall notify the applicant to pay the publication fee for granting petty patent of 1,000 Baht and for publication of 500 Baht within 60 days from the date of receipt of the order.
• In case of amendment, the applicant has to submit amendment and pay 100 Baht within 90 days from the date of receipt of the order.

3. Within one year from the publishing and issuing date of a petty patent any interested person may place an examination request to see whether the patented invention has characteristics of a new product and an industrial purpose.
4. If the examination report appears that the invention has figure as prescribed under Section 65 bis, the Director-General shall inform the person who has made the request and the petty patentee within 15 days from the day the Director-General makes decision. On the other hand, if the invention does not have characteristic conforming to what is described under Section 65 bis, the petty patentee could present the reasons within 60 days from the date of receipt of the order.