Patent registration in Thailand

The number of patent registration in countries is increasing. This is attributed to the increasingly interconnected global economy, which makes it easier to share ideas and patents. This leads to increased competition, prompting individuals and businesses to file patent applications to protect their intellectual property. Besides, the rapid development of technology has led to the birth of many new products and processes. This led to an increase in the number of patents registered, as inventors wanted to protect their new ideas. According to the Intellectual Property Development Department of Thailand (DIP), the number of patent applications in Thailand has steadily increased over the years. In 2022, Thailand recorded 24,103 patent applications, up 4.7% from 2021. High-tech sectors such as electronics, telecommunications, and biotechnology attract the most patent applications. In 2022, the electronics sector accounted for 23.2% of all patent applications, followed by telecommunications (18.5%) and biotechnology (11.7%). The patent activity of the enterprise is also developing strongly. In 2022, Thai businesses filed 15,166 patent applications, accounting for 62.9% of the total applications. Viet An Law would like to guide customers preliminarily the procedure for patent registration in Thailand through the article below.

Legal basis

• Patents Act 2522 (1979) (amended by Patents Act (3rd amendment) 2542 (1999))

General overview of patents in Thailand

Definition of patent

A patent is a legal document granted by a government to a person or an organization to protect their patent. The patent can be a new product, new process, or new method. A patent gives the owner the exclusive right to produce, use, and sell the patent for a certain period of time.

Benefits of patent registration

• Patent protection from copying
• Attracting investment
• Increase sales
• Create a competitive advantage

Patent eligibility

• Novelty: The patent must be new, meaning it has not been previously published or publicly used.
• Creativity: Patent must be innovative, meaning it must be significantly different from existing solutions.
• Industrial applicability: The patent must have industrial applicability, meaning it must be manufacturable or usable in an industry.

Type of patent registered

• Patent patents: Protection of new products, new processes, or new methods.
• Patent design: Protect the external appearance of the product.
• Crop Patents: Protection of New Plant Varieties.
• Microbial Patent: New Microbial Protection.

Patent application in Thailand

To apply for a patent in Thailand, the applicant needs to submit a dossier including the following documents:

• Application form: Complete and accurate. The applicant can download it on the website of the National Office of Intellectual Property (DIP): https://www.ipthailand.go.th/ (in Thai).
• Description of the patent: A detailed description of the applicant’s patent, including its technical features, how it works, and advantages. This description may be in English, but should be translated into Thai for faster processing.
• Claim for protection: Clearly define the scope of protection that the applicant wants for his patent. These requirements should be based on the patent description.
• Drawings (if any): Diagrams or illustrations that visually represent the applicant’s patent. Make sure they are clear, concise, and meet DIP’s format requirements.
• Patent Statement: A signed statement identifying the inventor (or inventors).
• Power of attorney (if applicable): If the applicant applies through a bright intellectual property representative, it is necessary to provide a document authorizing them to represent the applicant during the application submission and processing process.

Additional documents (may require):

• Priority Document (if applicable): If the applicant filed a patent application for the same patent in another country before filing in Thailand, the applicant may claim priority based on the date of filing that application.
• Power of attorney (if applicable): For foreign applicants, a notarized Power of Attorney authorizes Thai residents to receive official notices regarding the application.
• Payment Receipt: A receipt for the application filing fee.

Requirements for foreigners:

• As a foreigner, the applicant may need to hire an intellectual property representative in Thailand to handle the application process.
• Some documents, such as patent descriptions and protection claims, may require notarization and translation into Thai.

How to file a patent in Thailand

To file a patent application in Thailand, you can file using the following filing methods:

• Direct submission: Customers can come directly to the National Office of Intellectual Property at 563 Nonthaburi Road, Bangkrasor Muang Nonthaburi 11000 to submit the application and related documents.
• By Post: You can send your application form and all required documents via postal service or courier service to the National Office of Intellectual Property at 563 Nonthaburi Road, Bangkrasor Muang Nonthaburi 11000.
• You can apply for patent protection via the link below:

https://sso.ipthailand.go.th/login?app_id=1700000001&redirect_url=https:%2F%2Fsso.ipthailand.go.th%2Ftoken%3Fcontinue_url%3Dhttps%253A%252F%252Fsso.ipthailand.go.th%252F

Patent registration fee in Thailand

The patent registration fee in Thailand includes the following fees:

• Application fee: ฿500 (Thai Baht)
• Publication fee: ฿250 (Thai Baht)
• Appraisal fee (optional): ฿250 (Thai Baht) – This fee only applies if the applicant wants the IP Office to appraise the applicant’s patent application before granting the patent.
• Application fee: ฿500 (Thai Baht)

Total fee payable: ฿1,500 (Thai Baht) – This is the minimum amount the applicant will have to pay if the applicant does not request due diligence and processes the application himself.

Patent Registration Process in Thailand

• Filing a patent application at the National Office of Intellectual Property (IP Office).
• The IP Department will appraise the application and grant the patent if the conditions are met.
• The patent is valid for 20 years.

Patent registration in Thailand through PCT system

What is a PCT system?

The PCT system stands for  Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by  the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Thailand. Thailand acceded to the treaty on 24/12/2009

Benefits of PCT system:

• Time and cost savings: The PCT system allows applicants to file a single patent application for patent protection in multiple Treaty countries, instead of having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the patent. This is valuable time for the applicant to assess the commercial potential of the patent and prepare for the national filing.
• Simplified Process: The PCT system uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Patent Search Office and Written Opinion will provide the applicant with information about the novelty and patentability of the patent, helping the applicant make an informed decision about the national filing.
• Strengthening international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and sharing of experiences between countries.
• Innovation support: PCT systems help promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent application through PCT system

To file a patent application through the PCT system, you need to prepare a dossier that includes the following documents:

• PCT Application: Applications can be submitted in Vietnamese or English, however, it is recommended to be submitted in English to facilitate the processing process. You can download the PCT form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of patent: The description of the patent should present details and clarity about the patent, including:
  • Patent Name Technical field
  • Patent summary
  • Detailed explanation of the patent
  • Drawings (if any)
  • Claims for protection
• Claim for protection: The claim should clearly define the scope of protection that the applicant wants for the patent.
• Patent Declaration: The patent statement should clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant should provide a Power of Attorney Letter authorizing the representative to represent the applicant on behalf of the applicant during the application process and processing the procedure.

Additional documents (may require):

• Priority Document (if applicable): If the applicant filed a patent application for the same patent in another country prior to filing the PCT application, the applicant may claim priority based on the filing date.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT application fee to the International Reception Office (IB).

Patent registration service in Thailand of Viet An Law Firm

• Carry out the search and notify customers in writing the results of patent search in Thailand;
• Drafting dossiers and directly submitting and monitoring the status of patent applications filed in Thailand on behalf of patent owners;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring patent applications in Thailand;
• Support monitoring, representing the resolution of objections and feedback with intellectual property representatives to carry out procedures in Thailand.
• Receive dispatches, certificates and hand over to customers (if any).

If you need to file a patent application in Thailand, please contact Viet An Law for the most effective support.