1. GENERAL INTRODUCTION TO THE THAI PATENT ACT

Thai patents are governed by the Patent Act 1999, which was issued in 1979 and has undergone a number of amendments since its inception. The Thai Patent Act aims to provide for the registration and granting of patents for inventions and for matters connected therewith.

Thailand acceded to the Paris Convention for the Protection of Industrial Property and became a signatory of the Patent Cooperation Treaty (PCT). Thailand has been a member of the World Trade Organization (WTO) since 1 January 1995. Therefore, foreign enterprises and individuals can apply for a Thai patent through the Paris Convention and the Patent Cooperation Treaty.

2. TYPE OF PATENT AND APPLICATION PROCESS

The type of Thai patent comprises invention, small invention and design. According to the Patent Act of Thailand, Thai Patent Office may carry out substantive examination to an invention patent application. The duration of the invention patent right is 20 years, commencing from the date of application. The duration of the small invention is 6 years, which can be renewed for two times (two years per time). The duration of a design patent is 10 years, commencing from the date of application. Thai Patent Office carries out a preliminary examination to small invention and design.

2.1 Invention Patent

2.1.1 Concept and Description of the Invention Patent

According to the Thai Patent Act, the term “invention” refers to any new technical solution relating to a product, a process or an improvement thereof.

“Product” refers to all kinds of new products manufactured by industrial methods, including items with a certain shape and structure, such as solid, liquid and gas. “Method” refers to the method of processing the raw materials into a variety of products. It is not required that an invention patent can be directly applied to industrial production and technological achievements. It can be a solution or an idea to solve the technical problem, having the possibility of industrial application. However, such technical solution or idea should not be confused with proposing pure conceptions because pure conceptions cannot be applied to industrial applications.

2.1.2 Application Process of an Invention Patent

Similar to most of the countries, Thailand carries out substantive examination to the invention patent applications, namely, examining the novelty, creativity of the invention patent applications.

 2.1.3 Required Documents for Application

  A. Written description, written claim, written abstract, drawings of written description and drawing of abstract.

  B. Letter of authorization for the application of patent, which is required to be signed by the applicant or stamped (no notarization or certification is required).

  C. Name and address of the applicant, name and address of the inventor, etc.

  Notes: all of the documents must be submitted in Thai or English.

2.2 Small Invention

2.2.1 Concept and Description of the Utility Model Patent

According to the Thai Patent Act, the term “small invention” refers to any new technical solution relating to a product’s shape, structure, or a combination thereof, which is fit for practical use. Same as an invention patent, a small invention patent also protects a technical solution. However, the protective scope of the small invention patent is comparatively smaller, namely, merely protecting the new products with a certain shape or structure. A small invention patent DOES NOT protect the method and the substance without a definite shape. Comparing with the invention patent, small invention patent pays special attention to the industrial practicability of the technical solution, and the technical level of a small invention patent is lower than that of an invention patent. The small invention patent in most of the countries protects those simpler and modified technical inventions, thereby being called “small inventions”.

2.2.2 Application Process of a Small Invention Patent

Similar to most of the countries, Thai Patent Office carries out a preliminary examination to the small invention patent applications.

2.2.3 Required Documents for Application

 A. Written description, written claim, written abstract, drawings of written description and drawing of abstract.

 B. Letter of authorization for the application of patent, which is required to be signed by the applicant or stamped (no notarization or certification is required).

 C. Name and address of the applicant, name and address of the inventor, etc.

  Notes: all of the documents must be submitted in Thai or English.

2.3 Design Patent

2.3.1 Concept and Description of the Design Patent

According to the Thai Patent Act the term “design” refers to any new design of a product’s shape, pattern or a combination thereof, as well as the combination of the color and the shape or pattern of a product, which creates an aesthetic feeling and is fit for industrial application. It is also stipulated in the Thai Patent Act that any design for which a patent is granted shall not be attributed to the existing design, and no entity or individual has, before the date of application, filed an application with the patent administrative department on the identical design and recorded it in the patent documents published after the date of application.

2.3.2  Application Process of a Design Patent

Similar to most of the countries, Thai Patent Office carries out a preliminary examination to a design patent application.

2.3.3 Required Documents for Application

  A. Six-side views and three-dimensioned drawing;

  B. Brief description of design patent, including name of product, application and design features, etc.

  C. Letter of authorization for the application of patent, which is required to be signed by the applicant or stamped (no notarization or certification is required).

  D. Name and address of the applicant, name and address of the inventor, etc.

  Notes: all of the documents must be submitted in Thai or English.

3.  WHAT SHALL NOT BE GRANTED

According to the Thai Patent Act, for any of the following, no patent right shall be granted:

(1) Scientific discoveries;

(2) Rules and methods for mental activities;

(3) Methods for the diagnosis or for the treatment of diseases;

(4) Animal and plant varieties;

(5) Substances obtained by means of nuclear transformation; and

(6) The design, which is used primarily for the identification of pattern, color or the combination of the two on printed flat works.