Patent

The Thailand Department of Intellectual Property (DIP) does not accept late national phase entry beyond the 30th month due date. Hence, strict adherence of the filing due date must be observed.

For an invention patent, it shall be granted a protection of twenty years as from the filing date without extension.

For a utility patent, an invention shall be granted an initial protection term of six years as from the filing date. The term may be extended twice for two years each, with the total term of 10 years from the filing date.

For a design, it shall be granted a protection for ten years as from the filing date without extension.

Yes. Thailand accepts utility patent applications. The protection of the utility patent lasts for an initial six years, with the possibility to extend an additional two years twice, providing a maximum of 10 years protection.

Divisional application can only be filed upon the instruction of the Patent Examiner who must be of the opinion that the patent application lacks unity of invention.

Yes. A request for substantive examination must be filed within five years from the publication date.

Under current practice, an applicant can only pay the publication fee upon receipt of notice issued by the Thailand Department of Intellectual Property (DIP). There is no official procedure to request for expedited formality examination which would lead to a quicker issuance of the notice to pay publication fee.

Nevertheless, an unofficial request may be filed with the DIP to expedite the formality examination and the issuance of an invitation to pay the publication fee. However, the examiner in charge is not obliged to comply with the said request.

Trademark

Notarisation of the Power of Attorney is mandatory towards the filing of trademark applications in Thailand. However, legalisation of the PoA is not required. With regard to companies registered in Thailand, notarisation of the Powers of Attorney is not required as there is a fixed-format domestic Power of Attorney provided by the trademark office.

Yes. The applicant only has to prepare one original notarised Power of Attorney (with stamp duty). The submission of the original is not required (unless requested by the Trademark Examiner for inspection). The “copy” of the original notarised Power of Attorney (with stamp duty) must be submitted for each trademark application filed.