Guide for Thailand Patent Application Process

Patent Trademark

Thailand Profile

Thailand, officially known as the Kingdom of Thailand and formerly known as Siam, is located in the center of the Indochina Peninsula in mainland Southeast Asia. It is bounded by Myanmar and Laos in the north, Laos and Cambodia in the east, the Gulf of Thailand and Malaysia in the south, and the Andaman Sea and the Read more

Thailand Profile

Thailand, officially known as the Kingdom of Thailand and formerly known as Siam, is located in the center of the Indochina Peninsula in mainland Southeast Asia. It is bounded by Myanmar and Laos in the north, Laos and Cambodia in the east, the Gulf of Thailand and Malaysia in the south, and the Andaman Sea and the southernmost tip of Myanmar in the west. At sea, Thailand shares borders with Vietnam on the Gulf of Thailand to the southeast and India and Indonesia to the southwest on the Andaman Sea.

Thailand Intellectual Property Legal System

  • "Patent Law"
  • "trademark law"
  • Copyright Act
  • "Geographical Indication Protection Law"
  • "Integrated Circuit Layout Design Act"

International Organization/Agreement

  • Patent Cooperation Treaty
  • Paris Convention for the Protection of Industrial Property
  • "Convention Establishing the World Intellectual Property Organization"
  • Berne Convention for the Protection of Literary and Artistic Works
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Filing Language
Thai

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Intellectual Property Office of the Ministry of Commerce of Thailand

English: Department of Intellectual Property, abbreviation: DIP

Website: Home (ipthailand.go.th)

Thailand Invention Patent Search: DIP (ipthailand.go.th)

  • The coding format of the patent application number in Thailand is simple and clear:
    • [2-digit year of AD] + [2-digit patent type] + [6-digit patent application serial number]
      • Among them, the 2-digit patent categories
      • 01: Indicates invention patent
      • 02: Indicates design patent
      • 03: Indicates a small patent

Filing Language: Thai

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Thai Translation
  3. Viability Statement of Microorganism and Thai Translation
  4. Power of Attorney
  5. Certified Priority Document
  6. Declaration of Ownership/Certification of Employment/Assignment of priority
  7. Assignment for Patent Right Transfer
  8. Notification issued by CNIPA notify the applicant the application has passed through the security review

  9. A copy of the Articles of Incorporation or the Business Register of Incorporation

    *Thailand patent application documents need to be certified and notarized

 

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and Thai Translation
  6. Viability Statement of Microorganism and Thai Translation
  7. Declaration of Ownership/Certification of Employment/Assignment of priority
  8. Assignment for Patent Right Transfer
  9. A copy of the Articles of Incorporation or the Business Register of Incorporation

*Thailand patent application documents need to be certified and notarized

20 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.

DIP conducts formality examination and substantive examination of the invention patent application. The formality examination generally takes 1-1.5 years. After the completion of the preliminary examination, the patent application will be published and enter a 90-day opposition period. The applicant can only file the request for substantive examination within 5 years after the application is published, and the examination results of other countries such as Japan, the United States, the United Kingdom and Europe need to be provided to the DIP.

If within 12 months before the filing date/priority date, the essence or details of the invention are maliciously disclosed or exhibited by the inventor in an international or official exhibition, the invention does not lose its novelty.

5-8 years

  • Grant fee: Applicant need to pay the granted fee within 2 months after receipt of the notiifcation of granted.
  • Annuity: Annuity should be paid after the patent is granted in Thailand. the 1st annuity should be paid within 60 days after the start of the 5th year of the patent validity period after the application is granted. 

Reinstatement of priority on grounds of "due care" accepted.

No

Yes. Patent applicants can change the patent type from Invention to Petty patent (Utility Model) before the patent application is granted. The converted patent application has the filing date of the original patent application.

Name of Patent Office

Intellectual Property Office of the Ministry of Commerce of Thailand

English: Department of Intellectual Property, abbreviation: DIP

Website: Home (ipthailand.go.th)

Thailand Invention Patent Search: DIP (ipthailand.go.th)

  • The coding format of the patent application number in Thailand is simple and clear:
    • [2-digit year of AD] + [2-digit patent type] + [6-digit patent application serial number]
      • Among them, the 2-digit patent categories
      • 01: Indicates invention patent
      • 02: Indicates design patent
      • 03: Indicates a small patent

Filing Language: Thai

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Power of Attorney
  2. Certified Priority Document
  3. Declaration of Ownership/Certification of Employment/Assignment of Priority
  4. Assignment for Patent Right Transfer
  5. Notification issued by CNIPA notify the applicant the application has passed through the security review.

  6. A copy of the Articles of Incorporation or the Business Register of Incorporation

    *Thailand patent application documents need to be certified and notarized

 

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Declaration of Ownership/Certification of Employment/Assignment of priority
  5. Assignment for Patent Right Transfer
  6. A copy of the Articles of Incorporation or the Business Register of Incorporation

*Thailand patent application documents need to be certified and notarized

The initial period of protection is 6 years, which can be renewed twice, up to a maximum of 10 years.

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.

DIP only conducts formality examination for utility models, and the documents can be granted if they meet the requirements of formality examination. The applicant may file a request for substantive examination within one year after the patent application is granted if encountered the litigation or evaluation of the stability of utility model. 

If within 12 months before the filing date/priority date, the essence or details of the invention are maliciously disclosed, or exhibited by the inventor in an international or official exhibition, the invention does not lose its novelty.

  • Grant Fee: None
  • Annuity: The applicant should pay the first annual fee at the beginning of the 5th year from the filing date. If it is granted at the beginning of the 5th year, it must be paid within 60 days from the date of granted. If overdue, the annuity can be paid within 120 days of the grace period. The annual fee can be paid in a lump sum. 

8 months

Reinstatement of priority on grounds of "due care" accepted.

Yes. A patent applicant can be converted the patent type from a Petty Patent (Utility Model) to an Invention before the patent application is granted. The converted patent application has the filing date of the original patent application.

No

Name of Patent Office

Intellectual Property Office of the Ministry of Commerce of Thailand

English: Department of Intellectual Property, abbreviation: DIP

Website: Home (ipthailand.go.th)

Thailand Invention Patent Search: DIP (ipthailand.go.th)

  • The coding format of the patent application number in Thailand is simple and clear:
    • [2-digit year of AD] + [2-digit patent type] + [6-digit patent application serial number]
      • Among them, the 2-digit patent categories
      • 01: Indicates invention patent
      • 02: Indicates design patent
      • 03: Indicates a small patent

Filing Language: Thai

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Power of Attorney
  2. Certified Priority Document
  3. Declaration of Ownership/Certification of Employment/Assignment of priority
  4. Assignment for Patent Right Transfer

  5. A copy of the Articles of Incorporation or the Business Register of Incorporation

    *Thailand patent application documents need to be certified and notarized

10 years

via Paris Convention: 6 months from earliest priority date.

DIP conducts substantive examination for design applications, and only conduct the examination whether the requirements of novelty and industrial applicability are met.

Not applicable. Designs disclosed to the public prior to filing are not eligible for application.

  • Grant Fee: None
  • Annuity: The applicant should pay the 1st annuity at the beginning of the 5th year from the filing date. If it is granted at the beginning of the 5th year, it must be paid within 60 days from the date of granted. If the annual fee is overdue, it can be paid within 120 days of the grace period. The annual fee can be paid in a lump sum.

6 months

No

No

No

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