Patents Laws in Thailand
Here’s an overview of Patent Laws in Thailand:
Patent Laws in Thailand
📜 Legal Framework
Primary Law: The Patent Act B.E. 2522 (1979) (as amended)
Administering Authority: Department of Intellectual Property (DIP), Ministry of Commerce
Thailand is a member of key international treaties such as:
Paris Convention
Patent Cooperation Treaty (PCT)
TRIPS Agreement (WTO)
🔍 Patentable Subject Matter
To qualify for patent protection in Thailand, an invention must be:
Novel (new and not previously disclosed)
Involve an inventive step (non-obvious to a person skilled in the art)
Capable of industrial application (useful and capable of being made or used in industry)
❌ Exclusions from Patentability
Discoveries, scientific theories, or mathematical methods
Plans, rules, or methods for doing business or playing games
Computer programs (per se)
Methods of medical treatment or diagnosis
Aesthetic creations
Inventions contrary to public order or morality
📝 Patent Application Process
Filing
File a patent application with the Department of Intellectual Property (DIP).
Can claim priority under the Paris Convention if previously filed abroad within 12 months.
Thailand accepts national filings and PCT national phase entries.
Formal Examination
DIP checks formal requirements.
Substantive Examination
Must request substantive examination within 5 years from the filing date.
DIP reviews novelty, inventive step, and industrial applicability.
Publication
Application is published 18 months after filing or priority date.
Grant
If the invention meets all criteria and no valid objections, the patent is granted.
⏳ Patent Term and Renewal
Standard patent term: 20 years from the filing date.
Annual renewal fees must be paid starting from the third year to keep the patent in force.
🛡️ Rights & Enforcement
Patent owner has exclusive rights to prevent others from making, using, selling, or importing the patented invention.
Remedies include injunctions, damages, and destruction of infringing goods.
Enforcement through civil and criminal courts.
🌍 International Protection
Thailand is part of the PCT, allowing for streamlined international patent filings.
Foreign applicants can file via PCT and enter national phase in Thailand.
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