What types of inventions does Thai law protect?
The Thai Patent Act provides protection for the holders of Thailand issued invention, design and petty patents. Thailand law does not provide protection to holders of patents issued in other countries. Patent applications must be filed in Thailand although the patent holder may hold patents in other nations. However, Thailand does allow for priority applications.
Who is eligible to apply for a patent in Thailand?
Individuals or juristic persons who are nationals or residences of Thailand, a World Trade Organization member country or a country which allows Thai nationals to apply for patents are eligible to apply for a patent in Thailand.
What are the requirements for filing an invention, design or petty patent application in Thailand?
Inventions eligible for a patent must be new, inventive and capable of industrial application. Inventions eligible for a petty patent must be new and of industrial application. Designs patents may be awarded for a new design in any industry including handicrafts.
How long are invention, design and petty patents valid?
The term of protection is 20 years for an invention patent, 10 years for a design patent and 6 years for a petty patent. In certain circumstances, however, individuals or government offices may apply for a compulsory license before the term of protection has expired.
Is Thailand a member of the Patent Cooperation Treaty (PCT) and are priority filings available?
No, Thailand is not a member of the PCT. However, as a member of the World Trade Organization (WTO), Thailand is under the obligation of the WTO’s agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Therefore, priority filings are allowed based on filings in other nations’ jurisdictions. In order to claim priority status based on a previous filing in a foreign jurisdiction the filing should be made within 12 months of the first filing date.
What does a standard patent application in Thailand entail?
An initial Thai language application including the title, nature, purpose and a detailed description of the invention must be submitted to the Department of Intellectual property.
After government officials review the application to ensure that it meets the criteria of a patentable invention, details describing the invention will published and persons opposing the patent will have 90 days in which to file an objection.
If there is no objection and if the Director General of the Department of Intellectual Property determines the invention belongs to the applicant, a patent will be issued.