The Department of Intellectual Property of Thailand opened its doors to PCT applications on December 24 2009. Since then, any PCT application filed on or after 24 December 2009 has automatically included the designation of Thailand.
The time limit for entering the national phase in Thailand for new PCT applications is 30 months from the filing date of the PCT application or priority application, whichever is earlier. Patent specification must be translated into the national language and the translated specification must be submitted at the time of entry. Ministerial Regulation 21 provides for an extension of 90 days for the submission of full Thai specification. However, in practice, the patent office requires at least the first independent claim and abstract to be translated to Thai upon national phase entry.
Furthermore, the applicant must be a Thai national or a national of a member state of the treaty, or is domiciled in Thailand or domiciled in a member state of the treaty to be eligible to file a PCT application in Thailand. If the applicant is not a resident in Thailand, he shall appoint an agent who has been registered with the director-general of the Department of Intellectual Property to act for him in the country. A notarised power of attorney shall be filed with the director-general within 90 days from the national phase entry date.
Apart from the above-mentioned requirements, namely full Thai patent specification and notarised power of attorney, other requirements for a PCT application to enter into the Thailand national phase include:
1. Name, address and nationality of applicant. If the applicant is a company, place of incorporation must be furnished.
2. Name, address and nationality of inventor.
3. PCT application number.
4. Priority application number, date of filing and country.
5. Original Patent specification, claims and drawings in English.
6. Amended claims, if any, filed during the international phase.
7. PCT/IB/304 (notification concerning submission, obtention or transmittal of priority document)
8. Original statement of applicant’s right, if the applicant is the inventor. This can be submitted later but not later than 90 days from the national phase entry date.
9. Original deed of assignment, if the applicant is not the inventor. This can be submitted later but not later than 90 days from the national phase entry date.
A Thai patent is effective for a total term of 20 years from the filing date with payment of annuities starting from the fifth year.