Patent basics
Starting with the basics: a definition of patent and its various types
What is a patent?
A patent is a legal right granted for an invention (product or process) by the intellectual property office of a given jurisdiction. It gives to its owner exclusive rights to exploit the corresponding invention in that jurisdiction.
What types of patent can be obtained in Thailand?
Three types of patents can be granted in Thailand.
Invention patents can be protected by either a patent or a petty patent. A patent is awarded to inventions that are new, industrially applicable and that involve an inventive step (i.e. that are not obvious to a person “ordinary skilled” in the field). Petty patents are more easily granted as the applicant does not need to demonstrate that their invention is the result of an “inventive step” – it only needs to be new and industrially applicable.
Finally, “design patents” protect the appearance of a product – provisions on design protection are covered in our Design section.
What types of inventions can be protected by a patent?
Inventions of all types can be protected by a patent, such as: medical devices, medical products, chemical compositions, devices and machines, etc.
Thai Patent law does not grant patent protection to the following:
- Naturally occurring microorganisms and their components,
- Scientific or mathematical rules or theories,
- Computer programs,
- Methods of diagnosis, treatment or cure of human and animal diseases, and
- Inventions contrary to public order, morality, health or public welfare.
Before patent filing: preparing information, documents and budget
Information regarding the inventor(s) and the applicant(s)
The owner of a patent may be either an individual or a legal entity. The inventor(s) may therefore apply to be the owner of the patent for their invention, or decide to assign this right to another person or a legal entity.
When applying for a patent, information regarding the inventor(s) and applicant(s) must be provided, including their name, address and nationality or country of incorporation.
Maintaining the novelty of an invention
As novelty is a condition to obtain a patent, one must be careful not to lose the novelty over their invention. While it must of course not be similar to someone else’s invention, novelty may also be lost due to intentional acts of disclosure.
The following inventions will thus not be considered novel:
- An invention widely known or used by others before the filing date or for which a patent has already been granted in Thailand.
- An invention described in a document or publication disclosed to the public in Thailand or abroad (before the filing date).
- An invention for which a patent/petty patent application was:
- Filed abroad more than 18 months before the Thai filing date.
- Filed abroad and already published.
- Filed abroad and already resulted in the grant of the patent/petty patent.
Based on the Paris Convention for the Protection of Intellectual Property, of which Thailand is a member, a person who applied for a patent application in a jurisdiction covered by the Convention may apply for a patent for the same invention within 12 months from the first filing date. This “priority claim” will have the double benefits of preserving the novelty of the invention in this 12-month period and of keeping the first filing date of the patent application as the filing date in subsequent jurisdictions.
Documents required to file a patent application
The formal documents required vary:
- Foreign applicants must appoint a local representative to file the application on their behalf in Thailand, while Thai companies or Thai nationals or residents may file the application themselves. When foreign applicants appoint a local representative, a notarized Power of Attorney is always required.
- If the patent application is filed for an individual, a statement of the applicant’s rights must also be submitted.
- If the application is filed with a priority claim under the Paris Convention, a certified copy of the priority application must be provided. In addition, if the applicant is a legal entity, they must also provide a Deed of Assignment signed by the inventor(s) and the assignee.
- The Deed of Assignment and certified copy of the priority application are not required for PCT national phase.
Beside the formal documents, the invention must be described in Thai language. The description of a patent must include a title, an abstract (summary), a number of claims, the specification (full description) and, if relevant, a set of drawings. The number of claims in a petty patent application is limited to 10.
Cost to register and maintain a patent in Thailand
The cost for registration will vary. If the applicant needs help drafting the patent, or translating the patent in Thai language, drafting and translating cost should be included in the budget. The fees of a patent attorney to prosecute the application also vary and should be estimated before filing the application. Under the current Patent Act, official fees in Thailand are not based on the number of claims or pages and should not exceed THB 2,000.
Once granted, a patent can last for 20 years, provided that annuity fees are timely paid by the patent owner. Annuity fees are due from the 5th year onwards, but only once the patent has been granted. They can be paid as a lump sum or annually:
| Year | Fee | Year | Fee |
| 5th to 20th (lump sum) | 140,000 | 13th | 8,200 |
| 5th | 1,000 | 14th | 10,000 |
| 6th | 1,200 | 15th | 12,000 |
| 7th | 1,600 | 16th | 14,200 |
| 8th | 2,200 | 17th | 16,600 |
| 9th | 3,000 | 18th | 19,200 |
| 10th | 4,000 | 19th | 22,000 |
| 11th | 5,200 | 20th | 25,000 |
| 12th | 6,600 |
A petty patent can only be maintained for a maximum of 10 years. Annuities are due on the 5th and 6th year, and the petty patent can afterwards be renewed for a maximum of two 2-year periods:
| Year | Fee |
| 5th to 6th (lump sum) | 2,000 |
| 5th | 750 |
| 6th | 1,500 |
| 7th-8th | 6,000 |
| 9th-10th | 9,000 |
Patent registration process and timeline in Thailand
1: Filing the application (1 week)
To register a patent or petty patent in Thailand, an application must be filed by the applicant or their agent with an address in Thailand, at the DIP or via the DIP e-filing system. An official application fee must be paid on the filing date. The Thai translation of the abstract and claims should be submitted on the filing date. The rest of the translation as well as other formal documents may be submitted within 90 days from the date of filing the application.
2: Formal examination (6-24 months)
Following the filing of the application, the Thai Patent Office will undertake the preliminary examination or formality check of the application. This will ensure that all documents have been correctly filed and that the invention for which a patent is sought is within the scope of the Patent Act. If there is any formal issue, the registrar will issue an office action to ask the applicant to amend the application within 90 days.
3: Publication (90 days)
If the application complies with the Thai Patent Regulations, the applicant will be asked to pay the publication fee within 60 days of receiving corresponding notice. If the applicant fails to pay the publication fee in these 60 days, a second (and last) notice will be issued, granting the applicant another 60 days to process the payment. Once the publication fee has been paid, the application is published in the Thai Patent Gazette. Third parties may file an opposition against the application within 90 days from the publication date.
4: Substantive examination (2 to 5 years)
Once the application is published, the applicant must file the request for substantive examination within 5 years from the publication date. To speed up the substantive examination process, it is advisable to submit a copy of the foreign search report issued in the examining country. If the examiner has to conduct the search on their own, the examination will last longer.
5: Grant (1 month)
If all necessary amendments have been made and the substantive examination is satisfactory, the applicant will receive a notice to pay the fee for the grant of the patent within 60 days from the receipt date of the notice. Once the fee has been paid, the patent is issued in the following month.
Legal mechanisms to exploit patent rights
First, the inventor(s) may choose to assign the right to apply for a patent for their invention to another party. They will still be listed as inventor(s) once the patent is granted, but the owner will be the person or entity who filed the application. The assignment can also be done once the patent has been granted.
During the validity period of the patent, only after it has been granted, the patent holder may license the exclusive rights derived from the patent to any third party, in exchange for the payment of royalties. The license agreement must be recorded at the DIP and must specify the conditions, restrictions and royalty terms of the licensing.
