PATENT REGISTRATION PROCEDURE
IN THAILAND

Step 1- Patent application filing in Thailand

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1. The proprietor of a patent, petty patent, or product design patent shall file the patent application for registration with the Patent Examiner at the Thai Department of Intellectual Property (DIP) in Thailand.
   To apply for a patent, the applicant shall submit supporting documents as follows;
   1. Application form 001-Kor
   2. Invention details described completely, concisely, and clearly, The details shall cover the following:

2. The title of the Invention Technical Field

3. Background of the invention

4. Nature and purposes of the invention

5. Disclosure of the invention details containing a complete, concise and clear statement which will enable a person having ordinary skill in the art or other related technologies to make and carry out the invention

6. Brief description of drawing (if any)

7. The best mode for carrying out the invention

8. 3. Claim
   4. Drawing (if any)
   5. Abstract
   6. Supporocuments as defined in item 14 of Form 001-Kor such as:

9. Statement of applicant’s right to apply for a patent/petty patent or deed of assignment

10. Certification of disclosure/displaying of a substantial part of invention at an international exhibition or an official exhibition within twelve months before the filing of the patent application

11. The power of attorney

12. Disclosure of microorganism deposit

13. Request to convert the protection category from patent to petty patent or vice versa

14. Others

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Step 2: Formality Examination in Thailand

1. Post the filing of documents and the requisite form, the applications must first be examined, by way of Formality Examination, to ensure compliance with a number of formality requirements, including the required documents required to fulfill the same. This is to be fulfilled within 90 days of filing the application. A further 90 day + 30-day extension may be requested, post which the application will be considered abandoned. The application can be rejected due to the non-compliance of formal requirements or non- patentability of the invention.
   Once the formalities examination has been completed, the patent application shall be published upon payment of the requisite fee, as per Section 28.

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Step 3: Opposition

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1. Within 90 days from the date of publication, any interested party may file an opposition to the application so published. Further, the applicant must file a counterstatement to the notice of opposition within 90 days of receipt of the notice, as per Section 31 of the Act.

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Step 4: Substantive Examination

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1. As per Section 29, the applicant must request substantive examination, within 60 months of the date of publication of the patent. If the patent application was subject to opposition proceedings and if the opposition was rejected, then the applicant must request substantive examination within one year of the final decision by the Director-General of the Patent Office. Failure to observe the prescribed time limit and payment of appropriate costs will result in the abandonment of the application. This process is to ascertain the requirement of novelty, inventive step, and applicability in the industry, of the invention.
   An applicant has 90 days to respond to official actions sent by the Patent Office. A further 90-day extension and a final 30-day extension may be requested if required.
   Divisional Application: An application may relate only to one invention or to a group of inventions so linked as to form a single inventive concept. If during examination it is found that the requirement of unity of invention is not met, the applicant will be notified and required to file divisional applications. Thailand does not provide for the voluntary filing of divisional applications. It may only be filed in response to a unity of invention object. In that case, the applicant is granted 120 days, from the date of the objection, to file the divisional application.

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Step 5: Acceptance and Grant

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1. If the patent application is found in compliance with all the formality requirements, does not hold any valid oppositions, and passes the substantive examination, the Director-General of the Patent Officer shall order a patent to be registered and granted. The applicant will then be invited to pay the granting fee within sixty days, failing which the application will be considered abandoned. When the granting fee has been duly paid, the patent shall be registered and shall be granted to the applicant within fifteen days from payment of the granting fee, but not before the expiration of the sixty-day period for lodging an appeal.