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PATENT
Patent is governed by Patent Act B.E. 2522 (1979) as amended by Patent Act (No. 2) B.E. 2535 (1992) and Patent Act (No. 3) B.E. 2542 (1999).

Thailand is a PCT member, and the deadline to file a PCT national phase application in Thailand is 30 months from the first foreign filing date (priority date).

For PCT national phase applications we need to submit Thai translations of the title, abstract and all claims when we file. The remaining translations can be submitted within 90 days from the Thai filing date. Within 90 days of the filing date we need to submit a notarized power of attorney.
Thailand is a Paris Convention member. To claim priority, an application must be filed in Thailand within 12 months from the first foreign filing date (priority date).

For conventional filings we can file in English, or any other language and submit a completed Thai translation of the specifications, claims, abstract and drawings within 90 days after our filing date. Within 90 days of the filing date we need to submit a notarized power of attorney, signed deed of Assignment, and certified copy of the priority application.

If the application is in compliance with all formality requirements we will be instructed to pay a fee for the application to be published. A request for examination can be filed within 5 years from the publication date. If no request is filed, the application will be deemed abandoned and then cancelled. The applicant may rely on foreign corresponding grants as the basis for substantive examination. In practice the Thai Patent Office does not conduct an examination until we submit a corresponding foreign grant. If a corresponding foreign grant is not available we may request that examination be done by Australian Patent Office or locally.
Accelerated examination can be requested based on the ASPEC route or DIP-JPO PPH route. Under the PPH route, the Department of Intellectual Property in Thailand (DIP) and Japan Patent Office (JPO), have implemented the PPH pilot program since January 1, 2014. DIP and JPO have agreed to extend the program for additional two years from January 1, 2016.

If the invention satisfies all conditions of patentability, we will be instructed to pay the grant fee.

For a petty patent application a maximum of 10 claims is allowed. In addition, under the current guideline, there is no substantive examination for a petty patent before grant.

Annuities start after grant or after the fourth anniversary of the filing date, whichever is later. Annuity may be paid on a yearly basis or as a lump sum. The total maximum term for an invention patent is 20 years from the filing date. The total maximum term for a petty patent is 10 years from the filing date.
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