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PATENTS IN THAILAND

PATENT SEARCH AND REGISTRATION

 

Wisdom Guardian offers patent search and registration services for Thailand and specializes in patent drafting and prosecuting patent applications in many technical fields including electronics, telecommunications, software, information technology, mechanical engineering, and chemical and medical inventions.

 

Wisdom Guardian Patent Services

• Conduct prior art searches
• Draft patent applications
• File and prosecute patent applications
• File and prosecute patents under the Patent Cooperation Treaty (PCT)
• Manage the national phase of PCT applications
• Respond to office actions and amend patent claims
• Translate patent applications
• Annuity payments
• Recordal services
• Patent mapping
• Competitor watch

 

Three types of patents are protected under the Thai Patent Act B.E. 2522 (1979): invention, design, and petty patents. Invention and design patents are protected for 20 years and petty patents are protected for 10 years. Under the Patent Act, a patentable invention is one that creates a new product or process or improves on a known product or process, involves an inventive step, and is capable of industrial application. A petty patent is for an invention that is new and capable of industrial application, but does not involve an inventive step, and protected for shorter time period. A patentable design can be any form or composition of lines and/or colors which give a product a special appearance and can serve as a pattern for an industrial product or handicraft.

 

Patent protection is not available for inventions that are naturally occurring microorganisms or components of animals and plants, scientific or mathematical rules or theories, computer programs, methods of the diagnosis, treatment or cure of human and animal diseases, or inventions contrary to public order, morality, health or welfare.
Patents granted by foreign countries are not protected by Thai law. When filing for a Thai patent, however, the filer is allowed a priority claim where the first foreign filing date can be used as the Thai filing date. A patent can be filed solely in Thailand or for Thailand and multiple countries under the Patent Cooperation Treaty (PCT). Under the PCT, a single application in one language can be filed for patent protection in multiple PCT member states. When filing a Patent Cooperation Treaty application, the applicant can choose to file the patent in Thailand and any number of the 145 PCT member states using a single international application. The patents are still approved by the patent offices in the different countries during the national phase. In Thailand, for a national phase PCT application, the applicant must enter the national phase within 30 months after the initial patent application is filed.

 

When a Thai patent application is filed, the Department of Intellectual Property will undertake a preliminary examination before publishing the application, but may require further details or clarification. It usually takes one year for the application to proceed to publishing, and during the 90-day publication period, anyone can file an opposition. If there is no opposition or an opposition is successfully appealed, the applicant has to file for a substantive examination within five years from publication date or one year from the successful opposition appeal. A patent is then granted after a prior arts search and a positive substantive examination and all fees are paid. Depending on the complexity of the invention, the substantial examination can take 3-5 years. For a patent application with no foreign prior claim, patent approval can take up to 10 years. For a patent application using a foreign prior claim, the time frame for approval can be 1-2 years.

 

Standard patent registration process

• Conduct interviews with client/inventor about invention
• Global patentability search
• Draft patent specifications and application
• File and prosecute patents under the Patent Cooperation Treaty (PCT)
• Follow up and respond to any office actions

 

Standard process for Patent Cooperation Treaty

• Conduct interviews with client/inventor about invention
• Global patentability search
• Draft patent specifications and application
• File/prosecute PCT application within 12 months of the Thai filing date
• Manage the international phase
• Follow up on International Search Report

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