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Thailand

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 became effective in Thailand from 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 (non-extendible)
Request for Examination : 60 months (from publication date)
Payment of grant fees : 60 days after receiving notification
Renewals of patents : Every year after the 4th anniversary of grant, within 60 days following commencement of each new 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 First extension: 90 days

Second extension: 30 days

Necessary document for filing Power of Attorney
Deed of Assignment (only where the applicant is different from the PCT application)
Priority document (where priority is claimed and has not been transmitted to the national office by WIPO)
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 patents and design patents
Useful links
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
Civil remedies Damages
Criminal Sanctions Imprisonment
Fine

Patent Applications

Year Resident Non-Resident Total
2001 534 4,798 5332
2002 615 3,874 4489
2003 802 4,329 5131
2004 819 4,554 5373
2005 891 5,449 6340
2006 1,040 5,221 6261
2007 945 5,873 6818
2008 902 5,839 6741
2009 1,025 4,832 5857
2010 1,214 723 1937
2011 927 2,997 3924
2012 1,020 5,726 6746
2013 1,572 5,832 7404
2014 1,006 6,924 7930

Patent Grants

Year Resident Non-Resident Total
2001 58 738 796
2002 39 1,063 1,102
2003 56 972 1028
2004 57 659 716
2005 62 491 553
2006 118 1,003 1121
2007 118 830 948
2008 62 904 966
2009 59 787 846
2010 306 466 772
2011 143 757 900
2012 57 951 1008
2013 68 1,081 1149
2014 73 1,213 1286
2015 83 1,281 1364

Source: WIPO