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Patent registration in Thailand

The Thailand market is currently an attractive destination for international businesses. With the rapid growth of the economy and increasing consumer interest in quality products and services, registering a patent in Thailand not only helps to protect the intellectual property of the owner ownership but also creates opportunities to expand and develop the business. In the following article, Viet An Law will present an overview of the patent registration service in Thailand.

Legal basis

  • Patent Act in Thailand 1999, BE 2522, as amended by Patent Act (No. 2) BE 2535 and Patent Act (No. 3) BE 2542.

Patent protected in Thailand

Patent protection is an important document issued by the Department of Intellectual Property of Thailand (DIP) to protect inventions that are suitable for protection conditions. This patent creates an exclusive right for the owner and the inventor to exploit and resist infringement for a specified period of time.

Inventions are understood as creations of the form, composition, structure, or mechanism of a product, maintenance, and improvement of the product, or the reproduction of the product as long as the technique is not easily discovered. The conditions of patent protection in Thailand are similar to those in Vietnam including novelty, inventive nature, and industrial applicability.

The utility solution (Petty Patent) is also protected as a patent similar to a patent but with lower protection conditions. Specifically, the required level of creativity is at a medium level or the novelty is lower, but the industrial application is more likely, such as production processes, machine operation mechanisms, medicines, and preservation of fruits and vegetables.

Patent registration in Thailand

Patent registration fee in Thailand

According to data provided by intellectual property agents in Thailand, we summarize the following average reference price lists:

Service Professional fee Official fees
Filing a Patent application 350 – 450 18
Filing a Petty Patent/ Utility Model application 250 – 350 9
Filing additional documents 50 – 100 2
Late filing of formal documents (if any) 50 – 100 2
Restoration of PCT National Phase application 150 – 250 2
Priority claim 100 – 140 2
Urgent filing 80 – 100

Unit: USD

Note:

  • The above price list does not include 7% VAT in Thailand.
  • Excluding document translation fee, fee for checking the accuracy of translation into Thai, and translating specification into Thailand.
  • The state fee for patent registration is around 4000 USD, while the petty patent fee is only about 500 USD.

Patent application in Thailand

An invention registration dossier must include the following documents:

  • Patent application.
  • Patent description, including:
    • The title of the invention;
    • Technical field;
    • Background of the invention ;
    • The nature and purpose of the invention;
    • Disclosure of the details of the invention including a complete, concise, and clear statement which will enable a person having ordinary skill in the art or other related technologies to make and carry out the invention;
    • Brief description of the drawing (if any)
    • The best mode to implement an invention.
  • Related complaints.
  • Patent drawing (if any).
  • Patent abstract.
  • Request for substantive examination (1 original/1 copy) and supporting documents as prescribed in Request for substantive examination (can be submitted together with the application or submitted after the application is published).
  • Power of Attorney for intellectual property representative in Thailand, duly signed by the applicant, provided that:
    • Be consular legalized if the authorization is done outside Thailand; or
    • Be accompanied by a copy of the passport or certificate of temporary residence of the principal or the authorized person or any evidence indicating that at the time the authorization is made in Thailand, if the authorization is made in Thai territory.
  • Supporting document:
    • Statement of applicant’s right to apply for a patent/ petty patent or deed of assignment;
    • Deed of assignment;
    • Notarized copy of the identity card of the patent agent;
    • Documents proving novelty such as a certificate of publication at an international exhibition or official exhibition within 12 months prior to the filing of the patent application;
    • Disclosure of microorganism deposit;
    • Request to convert the application to petty patent registration or vice versa;
    • Claim for Priority;

Language: Thailand.

Patent registration process in Thailand

  • File a patent application at DPI;
  • Formality examination: takes place within 18 months from the date of receipt of a valid application. Additional requests to amend the application are made by the applicant within 90 days.
  • Publication of a patent application: Payment of the publication fee is required within 60 days from the date of receipt of the corresponding notice. Third parties may file an objection to the application within 90 days of publication.
  • Substantive examination: within 24 to 60 months from the date of publication
  • Make a decision to grant or refuse to grant a protection title.
  • Patent protection title issuance: 1 month from decision.

Term of protection

  • Patent protection in Thailand is valid for 20 years from the filing date, non-renewable.
  • The protection validity of the utility solution patent is 6 years and can be renewed twice, each time for 2 years, so the total protection period for the utility solution is up to 10 years.

Some questions related to patent registration in Thailand

How can Vietnamese people register inventions in Thailand?

For foreign applicants, Thai law is similar to Vietnamese law, requiring them to apply through an intellectual property representative legally registered in Thailand to proceed with the application procedure.

The applicant will carry out the trademark registration procedure at the DPI responsible for receiving and processing protection claims. industrial property. Current INPI application forms use:

  • E-Filing of DPI;
  • Apply directly at DPI.

Is Thailand a member of the PCT Patent Cooperation Treaty?

Thailand is the 142nd party to the PCT.

How is the patent maintenance fee in Thailand calculated?

The fee for maintaining the validity of patents for inventions and utility solutions basically has the following characteristics:

  • Increasing over the years: from 1000 Baht to 140,000 Baht for inventions, from 750 – 2000 Baht for utility solutions.
  • Renewal fee for utility solution is 6000 Baht (1st time) and 9000 Baht (2nd time).
  • Please refer to the updated fee at DIP’s website: https://www.ipthailand.go.th/en/patent-006.html

Services of Viet An Law in the field of consulting for patent registration in Thailand

  • Consulting, searching, evaluating usability, and registering for the protection of inventions in Thailand;
  • Monitor the registration process in Thailand;
  • Representing clients in the entire process of establishing rights and responding to correspondence in Thailand about patent registration;
  • Consulting and performing services to maintain the validity of patents granted in Thailand;
  • Submit an application for designation of Thailand through the Madrid system (application originating in Vietnam).

If you want to apply or learn more about patent registration in Thailand, please contact Viet An Law for the most effective support.

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