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PATENT REGISTRATION PROCEDURE
IN THAILAND

The patent right is granted in Thailand as per the Patent Act, 1979 (also known as Patent Act B.E. 2522, 1979), which was further amended in 1999. The Thai Patent Act provides for three types of patents – Invention patents, petty patents, and design patents.

Eligibility for Patent Application in Thailand:
 

  1. Who Can Apply (Sections 10, 11, 15):

    • Inventors of the invention.

    • Assignees/transferees of the inventor by succession.

    • Inventors under employment contracts with provisions for patent ownership.
       

  2. Applicant Qualifications (Section 14):

    • Thai nationals or entities headquartered in Thailand.

    • Nationals of countries in patent agreements with Thailand.

    • Nationals of countries that allow Thai nationals/entities to apply for patents there.

    • Individuals/entities domiciled or with industrial/commercial establishments in Thailand or a member country of a relevant agreement.

Design Rights in Thailand

Design rights in Thailand grant temporary exclusive rights for distinctive designs involving shapes, colors, patterns, or ornaments, provided they meet the following criteria

 

Novelty:

The design must not be previously known, used, or resemble existing designs in Thailand or abroad.

It should not be described in publications, granted patents, or foreign patent applications filed more than 18 months earlier.

It must not have been published before the application date.

 

Industrial Applicability:

The design must be practical for industrial use, not purely theoretical or academic.
 

Paris Convention

Applicants can claim priority in Thailand within the same filing date as in other Paris Convention member countries.

Priority System:

Based on the "first-to-file" principle, priority is given to the earliest filed application. Protection begins from the filing date in Thailand or the priority date from a foreign application.

 

Required Documents for Filing

  • Claims and drawings.

  • Power of Attorney.

  • Deed of Assignment (if applicable).

  • First filing date and serial number.

  • Applicant and designer's name and address.

  • Color claim information (if applicable).

  • Priority document (if claiming foreign priority, must be submitted within 16 months).
     

Additional Documents (within 90 days of filing):

  • Deed of Assignment (if applicant ≠ designer).

  • Statement of Applicant’s Rights (if applicant = designer).

  • Verified Thai translations (if documents are in another language).
     

Eligibility

  • Any individual or corporation (designer or assignee).

  • Non-residents must hire a qualified local IP agent to file.
     

Filing Steps

  • Filing: Submit all required documents.

  • Formality Examination: Ensure compliance within 90 days (extendable by 30 days).

  • Opposition: File opposition within 90 days of publication.

  • Substantive Examination: Request within 60 months from publication.

  • Divisional Application: File within 120 days of office action if needed.

  • Acceptance and Grant: Upon compliance, pay grant fees for patent issuance.

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