Patens in Thailand
Patents are governed by the Patent Act B.E. 2522 (1979), as amended by the Patent Act (No. 2) B.E. 2535 (1992) and Patent Act (No. 3) B.E. 2542 (1999). The Department of Intellectual Property (DIP), under the Ministry of Commerce, is responsible for patent administration.

In Thailand, patents are governed by the Patent Act B.E. 2522 (1979), as amended by the Patent Act (No. 2) B.E. 2535 (1992) and Patent Act (No. 3) B.E. 2542 (1999). The Department of Intellectual Property (DIP), under the Ministry of Commerce, is responsible for patent administration.

Types of Patents in Thailand
Invention Patent
Granted for new, inventive, and industrially applicable inventions.

• Duration: 20 years from the filing date.
• Examples: Machines, chemicals, or industrial processes.

Design Patent
Granted for new and original ornamental designs of products.

• Duration: 10 years from the filing date.
• Examples: Unique product shapes or packaging designs.

Petty Patent
A simplified patent for less complex innovations that lack a high inventive step but are still novel and industrially applicable.

• Duration: 6 years (extendable for two periods of 2 years each, up to a maximum of 10 years).

Criteria for Patentability
To qualify for a patent in Thailand, an invention or design must meet the following requirements:

• Invention Patent:
  • Novelty: The invention must be new and not previously disclosed anywhere in the world.
  • Inventive Step: It must involve a significant inventive step that is not obvious to someone skilled in the field.
  • Industrial Applicability: It must be capable of being used in an industry.
• Design Patent:
  • Must be new and original.
  • Must not be similar to existing designs.
• Petty Patent:
  • Must be novel and industrially applicable.
  • Inventive step is not a strict requirement.

Non-Patentable Items
The following are not eligible for patents in Thailand:

• Scientific or mathematical principles.
• Computer programs (as such, unless they form part of a technical invention).
• Methods of diagnosis, treatment, or surgery for humans or animals.
• Naturally occurring substances.
• Plant or animal varieties.

Patent Application Process
Filing the Application
Submit the application to the Department of Intellectual Property (DIP) with the following:

• A completed application form.
• A detailed description of the invention or design.
• Claims defining the scope of protection.
• Abstract and drawings (if applicable).
• Filing fees.

Examination Process

• Formal Examination: Ensures that the application complies with procedural requirements.
• Substantive Examination: Checks whether the invention meets patentability criteria.

Publication
The application is published in the official gazette after the formal examination.

Opposition Period
Third parties may oppose the grant of a patent during this period (for invention patents).

Grant of Patent
If the application satisfies all requirements, a patent is granted.

Rights of a Patent Holder

• Exclusive rights to produce, use, sell, or distribute the patented invention or design.
• The right to license the patent to others.
• The right to take legal action against infringement.

Enforcement and Infringement

• Patent holders can file civil lawsuits for damages or injunctions in cases of infringement.
• Criminal penalties, including fines and imprisonment, may also apply for willful infringement.

International Patent Protection
Thailand is a member of:

• The Paris Convention: Allows applicants to claim priority based on an earlier application filed in another member country.
• The Patent Cooperation Treaty (PCT): Enables applicants to seek patent protection in multiple countries with a single international application.

Practical Tips for Patent Filing in Thailand

• Conduct a prior art search to ensure the invention is novel.
• Use a patent attorney for drafting and filing the application.
• Maintain confidentiality before filing to avoid losing novelty.
• Monitor your patent rights and enforce them against infringement.