Whether the application for a Thai invention patent can be type-converted

Submitted by 页之码 on

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.

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  • 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.

    • 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 authorized if they meet the formality examination standards. If litigation or evaluation of the stability of utility model Claim is required, the applicant may submit a request for substantive examination within one year after the granted announcement.

  • Filing Language: Thai

    via Paris Convention via 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. Microorganism deposit certificate and its Thai translation
    3. Microorganism Survival Certificate 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. Business license for company registration or articles of incorporation

      *Thailand patent application documents need to be notarized

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entering the Thai national phase 19/28/34/41 amended
    4. Sequence Listing (PDF format and TXT format)
    5. Microorganism deposit certificate and its Thai translation
    6. Microorganism Survival Certificate and Thai Translation
    7. Declaration of Ownership/Certification of Employment/Assignment of priority
    8. Assignment for Patent Right Transfer
    9. Business license for company registration or articles of incorporation

    *Thailand patent application documents need to be notarized

    • Authorization Fee: None
    • Annuity: The applicant should pay the first annual fee at the beginning of the 5th year from the application date. If it is authorized 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 overdue period. The annual fee can be paid for multiple years at one time.
  • The initial period of protection is 6 years, which can be renewed twice, up to a maximum of 10 years.

  • 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: Authorization official fee should be paid within 2 months after receiving the granted notice.
    • Annuity: should be paid after the patent is granted in Thailand. If the patent has been issued, the first annual fee should be paid within 60 days after the start of the fifth year of the patent validity period.
  • 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)

  • Filing Language: Thai

    via Paris Convention via 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. Business license for company registration or articles of incorporation

      *Thailand patent application documents need to be notarized

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entering the Thai national phase 19/28/34/41 amended
    4. Declaration of Ownership/Certification of Employment/Assignment of priority
    5. Assignment for Patent Right Transfer
    6. Business license for company registration or articles of incorporation

    *Thailand patent application documents need to be notarized