FAQs about Thai Patents

Welcome to our comprehensive FAQ section, designed to provide clear answers to your most common questions about the Thai patent system and our services. If you don't find the information you need here, please do not hesitate to contact our expert team directly.

Patent Opposition & Invalidation

Patent Enforcement & Disputes

Patent Search & Evaluation

Design Patent & Petty Patent

Partnering with Thai Patents

Direct Patent Filing in Thailand

Patent Translation Services

Patent Prosecution & Examination

Patent Grant & Maintenance Fees

Patent Recordation

General Patent Information

Getting Started with Thai Patents

Patent Filing Options

PCT National Phase Entry

Paris Convention Filings

General Patent Information

What is the differences between an invention patent, a petty patent, and a design patent in Thailand?

An invention patent protects new and inventive products or processes. A petty patent covers simpler innovations without an inventive step. A design patent protects the aesthetic design of a product.

What is the duration of patent protection in Thailand?

Invention patents last up to 20 years, petty patents up to 10 years (renewable twice after 6 years), and design patents up to 10 years from the filing date.

Can the patent term be extended in Thailand?

No, Thailand does not currently allow patent term extensions or adjustments beyond the standard terms—20 years for invention patents, 10 years for petty patents, and 10 years for design patents. Once the maximum term expires, the protection ends.

What types of inventions are not patentable in Thailand?

Non-patentable subject matter in Thailand includes scientific theories, mathematical methods, computer programs as such, business methods, and medical treatment methods. Also excluded are naturally occurring microorganisms and their components, as well as animals, plants, and extracts derived from them.

Can software be patented in Thailand?

Software per se is not patentable in Thailand. However, inventions involving software may be patentable if they produce a technical effect or solve a technical problem.

What are the fundamental requirements for patentability of an invention in Thailand?

To be patentable in Thailand, an invention must be novel, involve an inventive step (non-obviousness), and be industrially applicable. However, for a petty patent, the inventive step is not required—only novelty and industrial applicability are necessary.

What rights does a Thai patent give me?

A Thai patent gives you the exclusive right to prevent anyone else from commercially using your invention in Thailand without your permission. This means you can stop others from making, using, selling, offering for sale, or importing your patented product. If your patent protects a process, you can stop others from using that process, or from dealing with products directly made by that patented process.

Are Thai patents enforceable internationally?

No, patents granted in Thailand are only enforceable within Thailand. If you wish to protect your invention in other countries, you must file separate applications in those jurisdictions, either directly or via international systems like the PCT.

Getting Started with Thai Patents

How do I choose between an invention patent, a petty patent, or a design patent?

Choose an invention patent if your invention is new, involves an inventive step, and is industrially applicable. A petty patent is suitable for simpler innovations that are new and useful but lack an inventive step. A design patent is best for protecting the appearance or ornamental design of a product.

Who can file a patent application in Thailand?

Any individual or legal entity—Thai or foreign—can apply for a patent in Thailand. However, foreign applicants must file through a local patent agent registered with the Department of Intellectual Property (DIP). The initial rights belong to the inventor(s), but these rights may be assigned to another person or company.

Is it necessary to appoint a local patent agent in Thailand?

Yes, foreign applicants are required to appoint a Thai patent agent who is registered with the DIP. The agent will handle the filing process, communications with the authorities, and ensure compliance with Thai patent laws and procedures.

Is a notarized power of attorney required for patent filings in Thailand?

Yes, a notarized power of attorney (POA) is required for most patent filings in Thailand. The POA must be signed by the applicant and notarized in the country of origin. It is typically submitted within 90 days of the filing date, if an extension is requested.

What are the official languages acceptable for patent filings in Thailand?

All patent applications and supporting documents must be submitted in the Thai language. Professional translation is therefore a critical step for foreign applicants.

How long does it typically take to get a patent granted in Thailand?

The timeframe for patent examination and grant can vary significantly. Full invention patents typically take 3 to 7 years, while petty patents are generally faster, often within 1 to 2 years.

Patent Filing Options in Thailand

What are the different routes for filing a standard invention patent and a petty patent in Thailand?

Applicants may file a standard invention patent or petty patent in Thailand via (1) direct national filing, (2) filing under the Paris Convention within 12 months of the priority date, or (3) entering the PCT national phase within 30 months of the priority date.

What are the key differences between PCT, Paris Convention, and direct filings?

The PCT route allows centralized filing with later entry into Thailand, ideal for international strategies. The Paris Convention route requires filing in Thailand within 12 months of the first filing. Direct filing in Thailand is used when no priority is claimed. Each route has different procedures, costs, and timing considerations.

What are the deadlines for each filing route in Thailand?

The PCT national phase must be entered within 30 months from the priority date. Paris Convention filings must be submitted within 12 months. Direct filings have no priority deadline but must be filed before public disclosure to maintain novelty.

Is there a benefit to using the PCT route over direct filing in Thailand?

Yes. The PCT route gives more time to assess market potential and prepare translations before entering the Thai national phase. It is especially useful for applicants seeking patent protection in multiple countries.

What are the different routes for filing a design patent in Thailand?

Design patents in Thailand can be filed either directly with the Department of Intellectual Property or under the Paris Convention within 6 months from the priority date. Thailand is not a member of the Hague System, so international design applications under that system are not accepted.

How long does it take to obtain a patent in Thailand?

For invention patents, the average time from filing to grant is about 3 to 7 years, depending on the Patent Office’s workload and how promptly substantive examination is requested. Petty patents and design patents are generally faster and can be granted within 1 to 2 years.

PCT National Phase Entry in Thailand

What is the deadline for PCT national phase entry in Thailand?

You must enter the Thai national phase within 30 months from the priority date. Late entry may be possible under a reinstatement request, but it is rarely granted.

Can I still enter the Thai national phase if I miss the 30-month deadline?

Yes, under certain circumstances. Thailand allows late national phase entry with a request for reinstatement under the "due care" standard. Restoration of rights after missing the deadline is extremely difficult and rare.

What documents are typically required for PCT national phase entry in Thailand?

To enter the PCT national phase in Thailand, applicants must submit a signed application form by a Thai patent agent, the PCT Request Form (PCT/RO/101) with Thai translation, and Thai translations of the title, claims, and abstract. An extension of up to 90 days from the filing date may be requested to submit the remaining specification translation, and a notarized power of attorney, and an assignment deed if applicable.

Is translation of the patent application required for PCT National Phase entry in Thailand, and what are the specific deadlines?

Yes, translation is required. Upon national phase entry, the Thai translation of certain parts of the specification, namely the title, claims, and abstract, must be submitted. The remaining translation may be submitted within 90 days of the filing date upon request for an extension.

Do I need to submit an assignment deed during national phase entry?

An assignment deed is required if the applicant listed in the Thai application is not the same as the applicant in the original PCT application.

Can I amend the claims or specification when entering the Thai national phase?

Yes. Amendments are allowed at the time of national phase entry, provided they fall within the scope of the original PCT application. All amendments must be translated into Thai.

What happens after a PCT National Phase application is filed in Thailand?

After a PCT National Phase application is filed in Thailand, it undergoes formality and subject matter examination. Once formal and subject matter requirements are met, it is published. The invention patent application then proceeds to substantive examination upon request, where an examiner assesses its patentability.

Paris Convention Filings in Thailand

What is the deadline for filing a Paris Convention application in Thailand?

For invention and petty patent applications, you must file your Thai application within 12 months from the priority date of the first filing in a Paris Convention member country. For design patents, the deadline is 6 months from the priority date.

What are the consequences of missing the Paris Convention priority deadline in Thailand?

Missing the 12-month Paris Convention priority deadline in Thailand means you generally lose the right to claim the benefit of your earlier filing date. Your Thai application would then rely on its actual filing date, potentially impacting its novelty against intervening disclosures. However, if no public disclosure has occurred, you may still consider filing a new application in Thailand without claiming priority, typically within 18 months of your original application filing date.

What documents are required to claim priority under the Paris Convention in Thailand?

To claim priority under the Paris Convention in Thailand, applicants generally require a patent application form and a request for priority claim. Supporting documents such as a notarized Power of Attorney, a statement of applicant’s right or a deed of assignment, and the Thai translation of the full specification are also needed and can typically be submitted within 90 days from the Thai filing date. A certified copy of the priority document is required within 16 months from the priority date.

What type of evidence of rights must be submitted in a Paris Convention application in Thailand?

For all Paris Convention filings in Thailand, evidence of the applicant’s right to file the application must be submitted—regardless of whether the applicant is the same as the original priority filer. If the applicant is the inventor, a Statement of Applicant’s Right is required. If the applicant is not the inventor, a Deed of Assignment must be provided to establish the transfer of rights. These documents must generally be submitted within 90 days from the Thai filing date.

Is translation of the patent specification required for Paris Convention filing in Thailand, and what are the specific deadlines?

Yes, translation of the patent specification into Thai is required for Paris Convention filings in Thailand. While the application must be filed within the 12-month priority period, the complete Thai translation of the specification may be submitted within 90 days of the filing date, provided a request for extension is duly filed.

What is the role of a certified copy of the priority document in a Paris Convention filing?

A certified copy of the priority document, issued by the office where the first application was filed, is typically required to substantiate the priority claim in a Paris Convention filing in Thailand. This document verifies the content and filing date of the earlier application.

Can multiple priority claims be made in a single Paris Convention filing in Thailand?

Yes, a single Paris Convention filing in Thailand can include multiple priority claims, provided all claimed priority applications were filed within the preceding 12-month period and relate to the same invention.

Can I amend the Thai application after filing under the Paris Convention?

Yes, amendments to the Thai application are permitted after filing, as long as the amendments do not add new subject matter beyond the content of the original priority application.

What happens after a Paris Convention patent application is filed in Thailand?

After a Paris Convention application is filed in Thailand, it undergoes formality and subject matter examination. Once these preliminary checks are completed and publication fee is paid, the application is published. For invention patents, the application then proceeds to substantive examination upon request, where an examiner assesses its patentability.

Direct Patent Filing in Thailand

What is Direct Patent Filing in Thailand?

Direct patent filing in Thailand involves submitting a patent application directly to the Thai Department of Intellectual Property (DIP) without going through the international Patent Cooperation Treaty (PCT) or claiming priority from an earlier foreign application.

Can foreign applicants file directly in Thailand without claiming priority?

Yes, foreign applicants can file directly in Thailand. However, it is a legal requirement for them to appoint a Thai patent agent registered with the Department of Intellectual Property (DIP), to manage their patent filings and all official communications in Thailand.

What are the specific requirements for a direct national patent application in Thailand?

A direct national application must be filed in Thai and include the full specification (title, description, claims, abstract, and any drawings), along with evidence of the applicant’s right to the invention. If the inventor is also the applicant, a Statement of Applicant’s Right is required; if not, a Deed of Assignment must be submitted. A notarized Power of Attorney is also required for foreign applicants.

What is the deadline for filing a direct patent application in Thailand?

There is no fixed deadline for direct filings, as they do not rely on a prior application. However, the filing must be made before any public disclosure of the invention in order to preserve novelty. The Thai filing date becomes the earliest effective date for novelty.

Is a Thai translation required for direct filings? If so, when must it be submitted?

Yes. All documents, including the title, description, claims, abstract, and any drawings, must be submitted in Thai at the time of filing. Unlike priority-based applications, direct filings cannot benefit from the 90-day extension for translation submission.

Can I amend my claims or specification after filing directly in Thailand?

No. A direct patent application in Thailand does not benefit from any foreign priority claim. If you wish to claim priority, the application must be filed under the Paris Convention within 12 months of the earliest foreign filing.

Does a direct patent filing benefit from any priority claims?

No. A direct patent application in Thailand does not benefit from any foreign priority claim. If you wish to claim priority from an earlier foreign application, you must either (1) file under the Paris Convention within 12 months from the earliest priority date or (2) enter Thailand via the PCT national phase within 30 months from the priority date.

What happens after a direct patent application is filed in Thailand?

After a direct patent application is filed in Thailand, it undergoes formality examination, where it is checked for basic compliance and whether it relates to patentable subject matter. Once formal requirements are met and publication fee is paid, it is published. For invention patents, a request for substantive examination must be filed. The application then proceeds to substantive examination, where an examiner assesses its patentability.

Thai Patent Translation Services

Is translation of the patent specification required for PCT National Phase entry in Thailand, and what are the specific deadlines?

Yes, translation is required. The Thai translation of the title, claims, and abstract must be submitted upon entry. The remaining translation may be submitted within 90 days of the filing date upon request for an extension.

Is translation of the patent specification required for Paris Convention filing in Thailand, and what are the specific deadlines?

Yes, translation of the patent specification into Thai is required for Paris Convention filings in Thailand. While the application must be filed within the priority period, the complete Thai translation of the specification may be submitted within 90 days of the filing date, provided a request for extension is duly filed.

Do you offer translation from English, Japanese, or Chinese to Thai?

Yes. We specialize in translating patent documents from English, Japanese, and Chinese into Thai, using subject-matter experts to ensure accuracy. We also offer translation services from other key languages upon inquiry.

How is patent translation cost calculated?

Patent translation costs are primarily calculated based on the total word count (or character count for Japanese/Chinese) of the document and its source language. You can use our online fee calculator to get an instant estimate of these fees.

Patent Prosecution & Examination

What happens after a patent application is filed in Thailand?

After a direct patent application is filed in Thailand, it undergoes formality examination, where it is checked for basic compliance and whether it relates to patentable subject matter. Once such requirements are met, the examiner will issue instructions for the payment of a publication fee. Upon payment, the application is published. For invention patents, a request for substantive examination must then be filed. The application then proceeds to substantive examination, where an examiner assesses its patentability.

Is publication of a patent application in Thailand automatic after formality examination?

No, publication of a patent application in Thailand is not automatic. After formality requirements and initial checks are met, the examiner will issue an instruction for the payment of a publication fee. The application is only published once this fee has been duly paid.

When and how do I request substantive examination in Thailand?

Substantive examination must be requested within five years from the publication date of the Thai patent application. This request must be made using the prescribed form and accompanied by the official fee. If the request is not filed within this time frame, the application will be considered abandoned and will not proceed to grant..

What is an office action, and how should it be responded to in the Thai patent process?

An office action is an official written communication from the examiner raising legal or technical objections. To respond, applicants should submit arguments, clarifications, and/or amendments addressing the issues. In some cases, a meeting with the examiner may be helpful to resolve concerns.

What is the deadline for responding to an office action in Thailand?

Applicants have 90 days to respond, which may be extended once for 90 days, and then once more for 30 days, resulting in a maximum of 210 days. Failure to respond will result in the application being deemed abandoned.

What are common grounds for objection or rejection during examination in Thailand?

Typical reasons for rejection include lack of novelty, lack of inventive step, insufficient disclosure, unclear claims, and subject matter that is not patentable under Thai law.

Can I use granted claims from other countries to support my Thai patent application during prosecution?

Yes. It is common practice in Thailand to submit the full text of a granted foreign patent—such as one granted by the USPTO, EPO, or JPO—including the granted claims and the entire specification. Applicants often amend their Thai claims to align with those foreign granted claims, which may expedite the examination process if the claims meet Thai requirements.

What are the typical timelines for patent examination and grant in Thailand?

The timeframe for patent examination and grant can vary significantly based on factors like technology complexity and examiner backlog. For full invention patents, it typically takes 3 to 7 years from the request for substantive examination to grant. Petty patents are generally faster, around 1 to 2 years.

Can a patent application be expedited or fast-tracked in Thailand?

Yes. While Thailand has no general fast-track mechanism, the Patent Prosecution Highway (PPH) with Japan and the ASPEC program can accelerate examination based on work done in participating countries. Additionally, strategic prosecution, prompt responses to office actions, and clear communication with the examiner can help to expedite the process as much as possible.

How does the Thai DIP handle voluntary amendments during prosecution?

The DIP generally allows voluntary amendments to the patent application during prosecution, provided they do not add new subject matter beyond the original disclosure and adhere to formal requirements. Amendments are often used to address clarity issues or potential objections.

What is a divisional application and can it be filed voluntarily in Thailand?

A divisional application is a new application based on subject matter disclosed in an earlier, pending application, typically filed when an application contains more than one invention. In Thailand, divisional applications cannot be filed voluntarily. They may only be filed when the patent examiner issues a unity of invention objection and instructs the applicant to divide the application.

Can an examiner's decision to refuse a patent application be appealed in Thailand?

Yes, if a patent application is refused by an examiner, the applicant has the right to appeal the decision. The appeal process typically involves submitting a notice of appeal and grounds for appeal to the Patent Board sixty days upon receipt of the refusal. This 60-day deadline is generally not extendable.

Patent Grant & Maintenance Fees

Grant Stage

What happens after a patent application is allowed in Thailand?

Once a patent application passes substantive examination, the Department of Intellectual Property (DIP) issues a notice of allowance, requesting payment of the grant fee. This begins the grant process.

When must the grant fee be paid?

The grant fee must be paid within 60 days from the date of receiving the notice of allowance. This deadline is strict and non-extendable.

Is there a separate fee for the patent certificate?

No, there is no separate fee for the issuance of the patent certificate. The certificate is issued by the DIP after the grant fee is paid. It serves as official confirmation of the grant.

Annuity Fees – General Overview

Are annuity (maintenance) fees required in Thailand?

Yes. Annuity fees are annual payments required to maintain the validity of invention patents, petty patents, and design patents in Thailand.

When do annuity fees begin to accrue in Thailand?

Annuity fees start accruing from the fifth year of the patent term, calculated from the Thai filing date, not the grant date.

Do I have to pay annuity fees before the patent is granted?

No. Annuity fees are not payable until the patent is granted, regardless of whether the fifth or a later year has already begun.

First-Time and Ongoing Annuity Payment

When is the first annuity fee due after grant?

If a patent is granted before the fifth year has started, the first annuity fee is due within 60 days from the start of the fifth year. If a patent is granted after the beginning of the fifth year, the first annuity fee is due within 60 days of the grant date.

Do I need to pay multiple years of annuity fees if my patent is granted late?

Yes. If the grant occurs in the sixth year or later, all unpaid annuity fees from year 5 up to the year of grant become due. The first annuity fee must be paid within 60 days from the grant date.

When are subsequent annuity fees due?

Each following annuity fee is due yearly, within 60 days from the start of each new patent year, based on the Thai filing date.

What happens if I miss an annuity payment deadline?

If the annuity fee is not paid within the 60-day deadline, you may still pay it with a 30% surcharge within a grace period of 120 days. If neither the fee nor the surcharge is paid in this time, the patent may be canceled.

Can a canceled patent be reinstated due to non-payment of annuity fees?

Possibly. The patentee may file a request with the Patent Board within 60 days of receiving the cancellation order, explaining that the failure to pay was due to a cause of necessity. The Board has discretion to either extend the payment period or uphold the cancellation. However, reinstatement is not automatic and can be difficult to obtain.

Lump-Sum and Prepayment Options

Can annuity fees be paid in advance in Thailand?

Yes. Patentees may opt to pay annual fees in one lump sum, which reduces the risk of missing future deadlines or incurring surcharges.

What are the lump-sum annuity amounts for Thai patents?

The lump-sum annuity amount for an Invention Patent covering years 5 to 20 is 140,000 THB. For a Petty Patent covering years 5 to 6, the lump-sum amount is 2,000 THB. For a Design Patent covering years 5 to 10, the amount is 7,500 THB.

If I prepay all annuity fees and my patent is canceled or surrendered, can I get a refund?

No. The DIP does not issue refunds for prepaid annuity fees, even if the patent is canceled, surrendered, or the fee schedule is later revised.

Will I need to pay more if annuity fees increase after I prepay?

No. If you've prepaid, you are not required to pay any additional amount, even if the annuity fees are later increased.

Patent Recordation

Overview of Recordation

What is patent recordation in Thailand?

Patent recordation in Thailand refers to the official registration of changes related to a pending patent application or granted patent with the Department of Intellectual Property. This includes changes in ownership, name, address, or the recording of license agreements.

Why is recording changes to my patent important in Thailand?

Recording changes to your patent rights with the Thai DIP is crucial to ensure that these changes are legally recognized and enforceable against third parties. It maintains a clear chain of title and ensures the correct owner is identified in the official records.

What types of changes to patent rights must be recorded in Thailand?

Key changes that must be recorded include transfers of ownership (assignments) of both granted patents and pending patent applications, and changes to the name or address of the applicant or patentee. Grant of licenses are also recorded for granted patents.

Is there a deadline to record changes such as assignments, licenses, or name/address updates?

There is no statutory deadline for recording such changes in Thailand. However, prompt recordation is strongly recommended, as delays can create legal uncertainty, affect enforceability, and lead to complications in disputes or infringement proceedings involving third parties.

What are the consequences of not recording changes in patent information in Thailand?

Failure to record changes in ownership or licenses can result in the inability to enforce rights against third parties, potential disputes over ownership, or difficulties in further transferring or licensing the patent in the future. It can also cause issues with annuity payments if the owner on record is incorrect.

Changes in Patent Ownership & Details

Can a name and/or address change be recorded for both pending patent applications and granted patents in Thailand?

Yes, name and/or address change can be recorded for both pending patent applications and granted patents in Thailand. This ensures that the change is officially recognized for both types of patent rights.

Can a patent assignment be recorded for both pending patent applications and granted patents in Thailand?

Yes, assignments can be recorded for both pending patent applications and granted patents in Thailand. This ensures that the change in ownership is officially recognized for both types of patent rights.

Is it mandatory to register a patent assignment in Thailand?

Yes, to be legally effective and enforceable against third parties, the assignment must be in writing and registered with the Department of Intellectual Property. Without registration, the transfer is deemed void.

Can a joint owner assign their share of a patent in Thailand?

No, a joint owner may assign their share of a patent only when it is consented to by all other joint owners. While a joint owner can separately exercise the patent rights (use, sell, etc.) without consent, assignment requires unanimous agreement.

Can only part of a patent be assigned (e.g., for certain claims or fields)?

Under Thai practice, assignments generally apply to the entire patent or application. Partial assignments limited to specific claims or fields of use are not standard and may not be accepted for registration.

Patent Licenses

How does a patent license differ from a patent assignment in Thailand?

A patent license grants permission to use the patent while the ownership remains with the licensor. In contrast, a patent assignment involves the complete transfer of patent ownership from one party to another.

Is license recordation allowed for pending applications?

No, current Thai patent law does not permit the official recordation of license agreements for pending patent applications. The DIP accepts license recordation only for granted patents. However, informal submission of such documents may be possible for evidentiary purposes between the parties involved.

Is license recordation mandatory for granted patents in Thailand?

Yes, to make a license legally effective and enforceable against third parties, it must be registered with the DIP. While the parties may enter into a private license agreement, failure to record it means the licensee may not be recognized in enforcement actions, and the license will not have legal effect against third parties.

Can a license be recorded if the patent has multiple joint owners?

A license can be recorded only with the unanimous written consent of all joint owners. Under Thai law, one joint owner cannot unilaterally license the patent to a third party.

Can amendments to a license agreement be recorded for granted patents?

Yes. Material amendments to a license agreement—such as changes to the duration, territory, or scope—can be recorded with the DIP, provided the patent has already been granted. Amendments must be submitted in writing, along with supporting documents and the required forms.

Security Interests & Pledges

Can a patent be used as collateral for a loan or financing in Thailand?

Yes, a patent can generally be used as collateral for a loan or financing in Thailand, similar to other forms of property.

Is it possible to officially record a security interest or pledge against a patent in Thailand?

No, currently there is no specific provision in Thai patent law to officially record security interests or pledges against patents or patent applications with the Department of Intellectual Property. However, informal submission of such documents may be possible for evidentiary purposes between the parties involved.

What is the legal status of an unregistered security interest against a patent in Thailand?

An unregistered security interest or lien against a patent in Thailand would typically only be enforceable between the parties to the agreement. It may not be enforceable against third parties (such as subsequent bona fide purchasers or other creditors) who are unaware of the unregistered charge.

What due diligence should be performed by a lender when a patent is offered as security in Thailand?

Lenders should perform thorough due diligence including verifying patent validity and scope, confirming ownership (via DIP records), assessing remaining patent term, evaluating enforceability, and checking for existing liens or other encumbrances. Legal counsel should advise on suitable alternative contractual protections.

Patent Opposition & Invalidation

General Overview

What is the difference between a patent opposition and an invalidation action in Thailand?

Patent opposition is a pre-grant procedure that allows third parties to challenge a published patent application before it is granted. Patent invalidation is a post-grant legal action filed with the court to revoke an already granted patent.

Who can file a patent opposition in Thailand?

Any person may file an opposition within 90 days of the publication of a patent application in the Patent Gazette. There is no requirement to show direct harm or legal standing.

Who can file for patent invalidation?

Any person with an interest in the patent or the public prosecutor may file a petition with the court to revoke a granted patent that is legally invalid.

What are valid grounds to oppose or invalidate a patent?

Grounds include lack of novelty, lack of inventive step, lack of industrial applicability, subject matter excluded from patent protection, or the applicant not being entitled to apply for the patent.

How do opposition and invalidation proceedings differ in authority?

Opposition is handled by the Department of Intellectual Property (DIP) before the patent is granted. Invalidation actions are filed in court and handled by the Central Intellectual Property and International Trade Court (CIPITC) after a patent has been granted.

Patent Opposition (Pre-Grant)

What is the deadline for filing a patent opposition in Thailand?

An opposition must be filed within 90 days from the date the patent application is published in the Patent Gazette. This deadline is strict and cannot be extended.

What happens after a patent opposition is filed in Thailand?

After a patent opposition is filed, the Department of Intellectual Property (DIP) will notify the applicant, who then has an opportunity to respond. The DIP will then review the arguments and evidence from both sides and issue a decision on whether the patent should be granted or refused.

What happens if the applicant does not respond to an opposition?

If the applicant fails to respond within the 90 from date of receipt of the opposition, the application is deemed abandoned and will not proceed to grant.

Can the applicant amend the application during opposition proceedings?

Yes. Applicants may amend the claims or description to address the opponent’s concerns, as long as the amendments do not add new subject matter beyond what was originally disclosed.

Can the Director-General’s decision on an opposition be appealed?

Yes. The applicant or opponent may appeal the Director-General’s decision to the Board of Patents within 60 days of receiving the decision.

Can the Patent Board’s decision on an opposition be appealed?

Yes. A decision of the Board of Patents can be appealed to the Central Intellectual Property and International Trade Court (CIPITC) within 60 days.

Patent Invalidation (Post-Grant)

Can a granted patent be invalidated in Thailand?

Yes. If a patent was granted in violation of legal requirements, a court may invalidate it upon petition by an interested party or the public prosecutor.

Is there a deadline for filing a patent invalidation action?

No. A patent invalidation action may be filed at any time during the life of the patent.

Where are patent invalidation actions filed in Thailand?

Patent invalidation actions must be filed with the Central Intellectual Property and International Trade Court (CIPITC).

How does a patent invalidation action typically proceed in Thai courts?

The plaintiff files a complaint with the CIPITC, and the defendant submits an answer. The court then holds a hearing to identify key issues, followed by submission of evidence and trial hearings. A judgment is issued and may be appealed to the Court of Appeal for Specialized Cases.

What happens if the patent owner does not file an answer to the invalidation complaint?

If the patent owner fails to file an answer within the prescribed period, the court will proceed with the case ex parte. This means the proceedings will continue without the defendant’s participation, but the court will still require the plaintiff to present sufficient evidence to prove the grounds for invalidation. The patent is not automatically canceled.

What are the consequences if a patent is invalidated?

If a court cancels a patent, it can no longer be enforced.

What happens if the court finds the patent valid?

If the court rules in favor of the patent holder, the patent remains enforceable.

Strategic and Procedural Considerations

What types of evidence are important in opposition and invalidation cases?

Key evidence includes prior art documents (such as earlier patents or publications), expert testimony, and proof that the invention fails to meet legal requirements such as novelty or inventive step.

Is third-party observation allowed during patent examination in Thailand?

While Thailand has no formal third-party observation mechanism, anyone may informally submit documents or comments to the Department of Intellectual Property. These are not binding but may be considered during examination.

Are design patents also subject to opposition and invalidation?

Yes. Design patent applications may be opposed before grant, and granted design patents may be challenged in court if they fail to meet legal requirements.

Patent Enforcement & Disputes

General Overview

What constitutes patent infringement in Thailand?

Patent infringement generally occurs when someone, without the patentee’s consent, makes, uses, sells, offers for sale, or imports a patented product, or uses a patented process or deals with products obtained through such process.

What should I do if I suspect my Thai patent is being infringed?

Contact a qualified patent attorney immediately. They can help assess the situation, gather evidence, and advise on the best course of enforcement—whether through warnings, negotiations, or litigation.

What is a cease-and-desist letter, and how effective is it in Thailand?

A cease-and-desist letter is a formal notice demanding the infringer stop the unauthorized activity. In Thailand, it is often an effective first step, potentially resolving the matter without the need for court proceedings.

How can a patent owner enforce their rights in Thailand?

Enforcement options include sending cease-and-desist letters, filing civil lawsuits with the Central Intellectual Property and International Trade Court (CIPITC), or initiating criminal proceedings through the police or public prosecutor.

Which court has jurisdiction over patent disputes in Thailand?

The CIPITC in Bangkok handles all civil and criminal matters involving patents and other intellectual property rights.

Can patent disputes be resolved through alternative dispute resolution (ADR)?

Yes. Mediation and arbitration are recognized methods and may offer faster and more cost-effective outcomes, particularly for cross-border or technically complex cases.

Litigation Procedure

What is the process for filing a patent infringement case in court?

The plaintiff files a complaint and the defendant files an answer. The court then sets an issue-fixing hearing, receives affidavits and evidence, holds a trial, and finally delivers judgment.

What happens if the defendant does not file an answer?

The court may proceed ex parte, meaning the case continues without the defendant and judgment is based on the plaintiff’s witness and evidence alone.

Can a preliminary injunction be issued in a patent case?

Yes. The CIPITC may issue a preliminary injunction if there’s urgency and the plaintiff demonstrates a strong prima facie case of infringement.

Is expert testimony used in Thai patent litigation?

Yes. Expert reports or in-person testimony are commonly used to address technical issues such as patent validity, claim interpretation and infringement.

Are there discovery procedures in Thai courts?

Thailand does not have U.S.-style discovery, but parties may request the court to order the other party to produce specific documents or evidence during proceedings.

Defenses and Counterclaims

What defenses are available against a patent infringement claim?

Defendants may argue non-infringement, raise legal exceptions such as experimental use, or challenge the patent’s validity.

Can a defendant challenge the validity of the patent during enforcement proceedings?

Yes. Invalidity can be raised as a defense or through a separate invalidation action filed with the CIPITC.

Is parallel importation considered infringement?

No. Thailand follows the principle of international exhaustion. If the patented product was legally sold abroad by the patentee or with their consent, importing it into Thailand is not infringement.

Remedies & Enforcement

What remedies are available for patent infringement in Thailand?

Available remedies include compensatory damages, injunctions, seizure or destruction of infringing goods, and publication of the judgment at the infringer’s expense.

How are damages calculated in Thai patent cases?

Courts consider actual losses, lost profits, enforcement costs, and unjust enrichment. Damages are awarded at the court’s discretion based on the severity and extent of the harm.

Can a court award punitive damages for patent infringement?

No. Thai law does not provide for punitive damages in patent cases—only compensatory relief is available.

Can the judgment of the CIPITC in a patent infringement case be appealed?

Yes. Judgments of the CIPITC can be appealed to the Court of Appeal for Specialized Cases and, in limited circumstances, to the Supreme Court.

How is a final judgment enforced?

If the infringer does not comply voluntarily, the patentee can seek court assistance for enforcement through official execution procedures.

Patent Search & Evaluation

Understanding Patent Searches

What is a patent search and why is it important?

A patent search involves reviewing existing patents and publications to determine whether an invention is novel and eligible for protection. It helps reduce the risk of rejection, infringement, or wasted investment in R&D.

What types of patent searches are available in Thailand?

Common search types include (1) novelty searches (prior art searches), (2) freedom-to-operate (FTO) searches, (3) validity / invalidation searches, (4) patent landscape analyses, and (5) patent family or equivalent search. Each type serves a distinct strategic purpose.

When should I conduct a patent search?

Ideally, a patent search should be conducted before filing a patent application, launching a new product, or entering into a licensing or acquisition agreement. Performing the search early in the process can guide innovation, minimize legal risks, and strengthen your patent strategy—ultimately helping you avoid costly missteps.

Types of Patent Searches

What is a novelty search (prior art search) and why is it essential?

A novelty search identifies existing patents and publications to determine if your invention is truly new. It assesses your invention’s chances of being patented and helps avoid rejection based on known prior art.

What is a Freedom-to-Operate (FTO) search in the context of the Thai market?

An FTO search evaluates whether your product or process can be commercialized in Thailand without infringing any valid and enforceable third-party patents. It is essential for minimizing the risk of litigation or market disruption.

How does a patentability search differ from a Freedom-to-Operate (FTO) search?

A novelty search looks at prior disclosures to determine if your invention is patentable. An FTO search, by contrast, focuses on active, enforceable patents that might block your product from entering the market.

What is a validity or invalidation search, and when is it conducted?

This type of search is conducted to find prior art that may challenge the validity of an already granted patent. It is commonly used during infringement disputes, oppositions, or due diligence before acquiring or licensing a patent.

What is a patent landscape analysis?

A patent landscape analysis reviews patent filings across a technology sector, providing insight into major players, innovation trends, gaps in the market, and opportunities for R&D or collaboration. It is particularly useful for strategic business planning in Thailand.

What is a patent family or equivalent search, and how does it help?

This search tracks where and when the same invention has been filed in other countries. It helps verify priority claims and monitor competitors’ global filing strategies.

Are there any limitations when searching Thai patent records?

Yes. The Thai patent database only discloses applications that have been published. Applications that have been filed but are still under confidentiality during the initial period will not appear in the search. This limitation applies to all search types and may affect the completeness of your results, especially for recent filings.

Strategic Benefits of Patent Searches

How can patent searches support IP strategy in Thailand?

Patent searches offer essential intelligence for shaping your IP strategy. They help identify market opportunities, assess competitor activity, refine patent claims, and support informed decision-making for R&D and commercialization.

How do patent searches contribute to business planning?

By identifying threats, white spaces, and trends in your technology sector, searches enable smarter product development, budget allocation, and market entry planning. They also enhance your position in licensing or investor discussions.

Can patent searches help avoid infringement in Thailand?

Yes. An FTO search is designed to uncover enforceable patents in Thailand that might be infringed by your product. By identifying risks early, you can modify your design or explore licensing options.

What information do I need to provide for a patent search?

You should provide a detailed description of your invention, key features, relevant keywords, and technical drawings (if available). For FTO or landscape searches, also include target jurisdictions and competitor names where applicable.

Design Patent & Petty Patent

Design Patents - Key Concepts & Requirements

What is a design patent in Thailand?

A design patent—also known as an industrial design—protects the ornamental or aesthetic appearance of a product, including its shape, configuration, pattern, or color. It does not protect technical or functional aspects.

What are the fundamental requirements for a design patent in Thailand?

A design must be new, capable of industrial application, and not contrary to public order or morality. Designs dictated solely by technical function are not eligible.

Can a design be published before filing?

No. Thailand has no grace period for design patents. Any public disclosure prior to filing—including display, sale, or publication—can destroy novelty and make the design unregistrable.

What are the advantages of protecting my product's appearance with a design patent in Thailand?

Protecting your product's appearance with a design patent prevents competitors from copying its unique visual features, helping to differentiate your products in the market, and contribute to the overall commercial value of your offering.

How long does design patent protection last in Thailand?

A Thai design patent is valid for 10 years from the filing date and cannot be renewed beyond this period.

Are annuity fees required for design patents in Thailand?

Yes. Annuity (maintenance) fees must be paid annually starting from the 5th year to maintain the validity of the design patent.

Design Patents - Applications & Rights

Can I claim priority for a Thai design application under the Paris Convention?

Yes. If you have filed a design application in another Paris Convention country within the past six months, you can claim that filing date as your priority date in Thailand. This helps preserve the novelty of your design during that six-month window.

Is international design protection available for Thailand?

Thailand is not a member of the Hague Agreement, so international applications under the Hague System are not accepted.

What is the process for filing a design patent application in Thailand?

After submitting the application with formal drawings or photographs, the DIP conducts a formality examination. If accepted, the applicant pays the publication fee. The application is then published and examined for substance (no separate request is needed). If approved, the grant fee is paid, and the design patent is issued.

Are design patents subject to opposition or invalidation actions in Thailand?

Yes. Design patents can be opposed by third parties before grant (within 90 days of publication) if they believe the design does not meet legal requirements. They can also be challenged in court after grant through an invalidation action based on similar legal criteria.

What rights does a design patent holder have?

The holder can prevent others from making, selling, importing, or using a product with the registered design without consent.

Can I enforce my Thai design patent against infringers?

Yes. You may take civil or criminal legal action against infringers, including seeking damages, injunctions, and seizure of infringing goods.

Petty Patents - Key Concepts & Requirements

What is a petty patent (utility model) in Thailand?

A petty patent, also known as a utility model, provides protection for inventions that are new and industrially applicable but may not meet the inventive step requirement of a full invention patent. It is ideal for simpler technical innovations.

What are the requirements for obtaining a petty patent in Thailand?

The invention must be new and industrially applicable. There is no need to demonstrate an inventive step, making it easier and faster to obtain protection.

What types of inventions are suitable for petty patent protection in Thailand?

Suitable inventions include simple mechanical tools, devices, and improvements to existing products—especially innovations with practical utility that may not qualify for a full patent.

How long does petty patent protection last in Thailand?

The initial term is 6 years from the filing date. It can be renewed twice for 2 years each, giving a maximum term of 10 years.

Are annuity fees required for petty patents in Thailand?

Yes. Annuity (maintenance) fees must be paid annually starting from the 5th year to maintain the validity of the petty patent.

Petty Patents – Filing and Procedural Issues

Can I file a petty patent application based on a foreign application?

Yes. You may claim priority under the Paris Convention if filed in Thailand within 12 months of the earliest foreign filing. PCT national phase entry is also possible within 30 months.

How long does it take to obtain a petty patent in Thailand?

Because petty patents do not undergo substantive examination, they are generally granted within 12–18 months.

Can I apply for both an invention patent and a petty patent for the same invention?

No. Filing both types for the same invention is not permitted. If both are filed, the application will be deemed a petty patent application.

Can I convert between a petty patent and an invention patent in Thailand?

Yes. You may convert a petty patent application into an invention patent application—or vice versa—before the petty patent is granted or the invention patent application is published. The converted application keeps the original filing date.

Petty Patents – Enforcement & Legal Strategy

Can a petty patent be enforced against infringers?

Yes. Petty patent holders can take civil or criminal action, seeking injunctions, damages, and seizure of infringing goods.

Can a granted petty patent be challenged at the Patent Office?

Yes. Within one year of publication, any person may request re-examination by the DIP to assess whether the petty patent satisfies the novelty and industrial applicability requirements.

Can a petty patent be invalidated?

Yes. If the invention lacks novelty, industrial applicability, or involves non-patentable subject matter, the patent can be invalidated by the DIP or through court action.

What are the advantages of a petty patent over an invention patent?

Petty patents are quicker to obtain, less expensive, and require no inventive step. They offer fast-track protection for simple or incremental innovations.

Partnering with Thai Patents

How can I initiate a service or request a quote from your firm?

You can initiate a service request or obtain a quote by contacting us through our online form or via email. We will assess your specific needs and provide a tailored proposal, which may include an initial consultation.

Who can partner with Thai Patents for patent services in Thailand?

We welcome partnerships with international law firms, patent attorneys, IP consultants, and corporate in-house counsel seeking a reliable representative for Thai patent matters.

What types of patent matters can Thai Patents assist with?

We handle PCT National Phase Entry in Thailand, direct filings, patent translations, prosecution, recordation, oppositions, invalidations, and maintenance—providing full-service support for patents in Thailand.

Do you offer special rates or agency pricing for partner firms?

Yes, we provide competitive agency rates and volume-based pricing for law firms and agents who regularly instruct us.

Can you assist with urgent PCT national phase entries close to the 30-month deadline?

Yes. We can expedite both filing and translation when feasible. Our team will guide you through the necessary documentation to help meet applicable deadlines.

How can we start partnering with Thai Patents?

You can reach us at contact@thaipatents.com. We’ll be happy to set up a call, discuss your needs, and send over our onboarding pack with instructions and fee schedules.