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pmc specialises in Asia Intellectual Property, Asia Patents, Asia Trade Marks, Asia Trademarks, Asia Designs and Asia Enforcement with offices across Southeast Asia, namely Singapore, Malaysia, Brunei, Indonesia, India, Vietnam and Indian sub-continentpmc specialises in Asia Intellectual Property, Asia Patents, Asia Trade Marks, Asia Trademarks, Asia Designs and Asia Enforcement with offices across Southeast Asia, namely Singapore, Malaysia, Brunei, Indonesia, India, Vietnam and Indian sub-continentpmc specialises in Asia Intellectual Property, Asia Patents, Asia Trade Marks, Asia Trademarks, Asia Designs and Asia Enforcement with offices across Southeast Asia, namely Singapore, Malaysia, Brunei, Indonesia, India, Vietnam and Indian sub-continent

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Patent System in Thailand

GENERAL COUNTRY INFORMATION
Thailand is located due north of Malaysia and is flanked by Laos and Cambodia to the east and Myanmar to the west. The country is divided into 76 provinces and 2 special districts of which Bangkok, its capital, is one of them. Its population numbers more than 66 million people. Year 2009's gross domestic product GDP estimate for Thailand comes at about US$535.8 billion with a per capita of US$8,100.

THAILAND PATENTS SYSTEM

  HIGHLIGHTS
Legal Basis Patent Act No. 1, B.E. 2522 (1979) and Patent Act No. 2, B.E. 2535 (1992) as amended by Patent Act No.3, B.E. 2542 (1999), the latter effective 27 September 1999
Major international treaties signed
  • Paris Convention effective 1 August 2008
  • Patent Cooperation Treaty (PCT) effective 24 December 2009
  • Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
  • PCT Information Thailand has deposited their instruments of accession with WIPO on 24 September 2009, thus became the 142nd contracting state of the Patent Cooperation Treaty. The treaty has become effective in Thailand from 24 December 2009.

    Potential applicants should note that this implementation is not retrospective and will not apply to international applications with a date of filing before 24 December 2009.
    Costs of obtaining a patent Please contact us at thailand@mirandah.com
    Average time to obtain a patent 5 to 8 years
    Official language for patent prosecution Thai
    Non-patentable subject matter
  • Naturally existing micro-organisms and their components, animals, plants and, animal and plant extracts
  • Discoveries or scientific theories
  • Mathematical formulae
  • Methods of medical treatment and diagnostic methods
  • Computer programs
  • Grace period for prior disclosure or sale 12 months before the Thailand Filing date (unlawful disclosure, International Exhibition, Government Official Exhibition)

    Major prosecution events

    Paris Convention : 12 months
    National Phase Entry : 30 months
    Request for Examination 60 months
    Payment of grant fees 60 days after receiving notification
    Renewals of patents : Every year (within 60 days after the starting date of each year)
    Filing and prosecution procedures Stage 1: Filing
    Stage 2: Formality Examination
    Stage 3: Publication & Opposition (if any)
    Stage 4: Substantive Examination
    Stage 5: Grant
    Stage 6: Renewal/ Annuity
    Extension of office action deadlines 30 days
    Necessary document for filing

    Power of Attorney
    Deed of Assignment
    Priority document (where priority is claimed)

    Pharmaceutical Data Exclusivity Laws Not available
    Search and Examination The Patent Office conducts its own Search and Examination but favours Search and Examination reports issued in prescribed countries such as US, UK, Australia, Japan as well as the prescribed regional European Patent Office
    Opposition term 90 days after publication
    Term of patent protection 20 years
    Patent term extension Not available
    Restoration of lapsed patent Within 120 days from the date of lapse
    Parallel Imports Available
    Other forms of patents (e.g. Petty/innovation patents) Petty patent and design patents
    Useful links

    www.mirandah.com
    www.ipthailand.org


    ENFORCEMENT OF PATENTS

      HIGHLIGHTS
    Infringement offence Civil and Criminal (in special cases)
    Specialized courts for IP Central Intellectual Property & International Trade Court
    Outline of the enforcement steps File a complaint with the police or the Intellectual Property and International Trade Court
    Relief against groundless threats Right to counter sue
    Declaration of non-infringement Not available
    Preliminary injunctions Available
    Time frame for various legal actions

    Criminal 6 to 18 months
    Civil 1 to 5 years

    Alternative dispute resolution

    Not available for criminal cases but available for civil cases if the parties agree

    Availability of damages and other relief for infringement

    Injunction
    Damages

    Civil remedies Damages
    Criminal Sanctions Imprisonment
    Fine


    OTHER INFORMATION

    Statistics on Patent Application and Granted Patent From 2000 to 2008

      Year

    Application

    Granted

     

    Domestic

    Foreign

    Total

    Domestic

    Foreign

    Total

    2000

    561

    4488

    5049

    45

    371

    416

    2001

    534

    4798

    5332

    58

    738

    796

    2002

    615

    3874

    4489

    39

    1063

    1102

    2003

    802

    4141

    4943

    56

    950

    1006

    2004

    819

    4554

    5373

    57

    659

    716

    2005

    891

    5449

    6340

    62

    491

    553

    2006

    1040

    5221

    6261

    118

    1003

    1121

    2007

    945

    5873

    6818

    118

    830

    948

    2008

    902

    5839

    6741

    62

    904

    966

    Total

    7109

    744237

    51346

    615

    7009

    7624

    (Source: Department of Intellectual Property, Thailand)

    Disclaimer: The information provided on this website is intended to serve as a general guideline and is not intended as legal advice. Although we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness and accuracy with respect of the website or the information. Please contact us for further information.