Patent / Petty Patent / Design


  • 1 What are deemed patentable under the Thai Patent Act?
    • A:
      1. Invention, including innovation and processes of invention
      2. A minor innovation based on prior art, or an invention which has lower technological invention, or processes which have less inventive procedures.
      3. Design, a modification of exterior feature of a product for beautification and differentiation.

  • 2 Can an innovation or inventory be protected by more than one patent?
    • A: As one innovation may consist of various fields of art/invention; it may be granted protections for various types of applicable patents and designs.
      For example, a new model of smart phone may consisted of technologies that can be protected under many patents, petty patents and designs i.e. network technology, multi-touch system, camera system, product designs, etc.

  • 3 What types of inventions are unable to receive protection under the Thai Patent Act?
    • A: The inventions that are prohibited from patent protection include:
      1. Naturally occurring microorganisms and their components, animals, plants or extracts from animals or plants;
      2. Scientific or mathematical rules or theories;
      3. Computer programs;
      4. Methods of diagnosis, treatment or cure of human and animal diseases;
      5. Inventions contrary to laws, morality, population’s health or security.

  • 4 Can one patent application be registered under more than one applicant?
    • A: Yes.

  • 5 What are the exclusive rights of patentee after granted a patent?
    • A:
      1. where the subject matter of a patent is a product, the right to produce, use, sell, have in the possession for sale, offer for sale or import the patented product;
      2. where the subject matter of a patent is a process, the right to use the patented process, to produce, use, sell, have in the possession for sale, offer for sale or import the product produced by the patented process.

  • 6 What are the terms of protections for patent/petty patent and design in Thailand?
    • A:
      For an invention patent, it shall be granted a protection of twenty years as from the filing date without extension.
      For a petty patent, an invention shall be granted an initial protection term of six years as from the filing date. The term may be extended twice for two years each, with the total term of 10 years from the filing date.
      For a design, it shall be granted a protection for ten years as from the filing date without extension.

  • 7 Is there any exception for the others to use a patented product/process?
    • A: Yes, with the following qualifications;
      1. Any act for the purpose of study, research, experimentation or analysis, provided that it does not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner;
      2. The production of the patented product or use of the patented process, provided that the producer or user, in good faith and without knowing or having no reasonable cause to know about the patent application, has engaged in the production or has acquired the equipment therefore prior to the date of filing of the patent application in Thailand;
      3. The compounding of a drug specifically to fill a doctor’s prescription by a professional pharmacist or medical practitioner, including any act done to such pharmaceutical product;
      4. Any act concerning an application for drug registration, the applicant intending to produce, distribute or import the patented pharmaceutical product after the expiration of the patent term;
      5. The use of a device forming the subject of a patent in the body of a vessel or other accessories of a vessel of a country party to an international convention or agreement on patent protection to which Thailand is also party, when such a vessel temporarily or accidentally enters the waters of Thailand, provided that such a device is used there exclusively for the needs of the vessel;
      6. The use of a device forming the subject of a patent in the construction or other accessories of an aircraft or a land vehicle of a country party to an international convention or agreement on patent protection to which Thailand is also party, when such aircraft or land vehicle temporarily or accidentally enters Thailand;
      7. The use, sale, having in possession for sale, offering for sale or importation of a patented product when it has been produced or sold with the authorization or consent of the patentee.

  • 8 How long is the grace period for priority claim of patent/petty patent application?
    • A: For national patent application, the Thai application shall be filed within 12 months as from the first filing date.
      Concerning an international patent application designated and entered through national phase in Thailand via PCT system, an application in Thailand shall be filed within 30 months from the filing date of first prior application.