Thailand - Register Patent

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Procedure

1. To register a patent, the inventor or product designer, successor or assignee of the right must submit an application to the Department of Intellectual Property.
2. Applicants will need to submit a completed application and supporting documents regarding the invention. (Contact the IP Office to know more about required documents).
3. Once the Office approves the application, the Registrar will grant the patent.

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Required Documents

List down the documents required for successfully completing the procedure.

e.g.
1. Proof of child birth from the Hospital.

Office Locations & Contacts

THAILAND BOARD OF INVESTMENT
Head Office: 555 Vibhavadi-Rangsit Rd.,
Chatuchak, Bangkok 10900, Thailand
Tel.: (+66) 2553 8111, Fax: (+66) 2553 8222,
E-Mail: head@boi.go.th

Department of Business Development

44/100 Nonthaburi 1 Rd. Bangkrasor
Muang Nonthaburi
11000 Thailand

Call Center 1570
Tel. +66 2528 7600

Eligibility

For an invention to be patentable, it must:

• Have novelty;
• Involve an inventive step; and
• Be capable of being made or used for some kind of production activity.

Given the rule above, following would not qualify for patents due to lack of novelty:

• An invention widely known or used by others in Thailand before the filing of the patent application;
• An invention, the subject matter of which was described in a document or printed publication, displayed or otherwise disclosed to the public in Thailand or a foreign country prior to the date of the application for the patent;
• An invention that has been granted a patent inside or outside Thailand prior to the date of the patent application;
• An invention for which an application for a patent was filed in a foreign country more than 18 months prior to the date of the patent application, the foreign patent not having been issued;
• An invention for which application for a patent was filed in Thailand or in a foreign country and that application was published before the date of application in Thailand.

The revised Patents Act provides that the following cannot be patented:

• Microbes and any components thereof which exist naturally; animal, plant or extracted substances from animals or plants;
• Scientific or mathematical rules or theories;
• Computer programs;
• Methods of diagnoses, treatment or cure of human and animal diseases;
• Inventions those are contrary to public order or morality, public health or welfare.

Note: In case an invention lacks an inventive step, the invention may be granted a petty patent if it is new and capable of industrial application.

However, a petty patent and a patent shall not be granted for the same invention. The legal protection of a petty patent is less than of a patent, i.e. term of protection.

Who may apply for patent?

The inventor or product designer. The successor or assignee of the right may apply for patent. An assignment must be made in writing, signed by both the assignor and the assignee.

If, during the course of employment or an employment contract specifically for creating an invention or design, an employee creates an invention or product design, the right to apply for a patent belongs to the employer unless otherwise provided by agreement.

The Patent Act requires that an applicant for a patent must be a Thai national or a national of a country which allows persons of Thai nationality to apply for patents in that country.

Fees

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Validity

An invention patent is effective for 20 years from the date of filing an application in Thailand, and is not renewable. The term of protection for a petty patent is 6 years from the date of filing an application in Thailand, which can be extended twice, for 2 years each.

The term of a design patent is 10 years from the date of filing an application in Thailand.

Documents to Use

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Sample Documents

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Processing Time

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Related Videos

Videos explaining the procedure or to fill the applications. 
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites. 	
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

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e.g. The state office holds birth records since january 1908.

Required Information

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e.g.
1. Date of Birth.
2. City or County of Birth.

Need for the Document

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Information which might help

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Other uses of the Document/Certificate

• During the period of the validity of the patent, the patent holder has the exclusive right to produce, use, sell, have for sale, offer for sale, and import the patented invention or design. Any act of violation performed before the patent is granted, that would otherwise constitute an infringement of the patent, is not deemed an infringement.
• A patent holder has an exclusive right to use the words “Thai Patent”, or an abbreviation or translation thereof.
• A patent holder may assign the patent to another holder.
• A patent holder may grant a license to another person, subject to restrictions:
  • The patentee shall not impose upon the licensee any condition or restriction or any royalty covenant that is an unfair restraint of competition. Conditions, restrictions or covenants that unfairly restrain competition shall be prescribed by a Ministerial Regulation.
  • A patent holder may not require a licensee to pay a royalty or royalties after the validity of the patent has expired.
  • Conditions, restrictions, or royalties which are contrary to the above two points are null and void.
  • Any assignment of patent or license contract must be in writing and officially registered with the authority.

External Links

Thailand Board of Investment

Others

More information which might help people.