| 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 |
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