Patent basics


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Drafting, translating and filing the application (1 week)

To register a patent or petty patent in Thailand, an application must be filed by the applicant or his/her agent with an office or address in Thailand at the DIP or via the DIP online filing platform. 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 the formal documents (power of attorney, deed of assignment, simply signed statement of applicant’s right – as the case may be) may be submitted within 90 days from the date of filing the application.

Formal examination (18 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.

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.

Substantive examination (2 to 4 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 his own, the examination will last longer.

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 15 days.