• Patent fees

Fees associated with Thai PCT national phase entry as well as other patent fees are available in the fee calculator.

• Deadline for the PCT national phase entry in Thailand

The term for entering national phase of a PCT international application is 30 months from the date of priority. The restoration of this term is possible based on the PCT Rule 49.6 using the “due care” standards; however, the chances for restoration are very low, and applications are often rejected.

• Minimum of filing documents in Thailand

To obtain the date of filing of the PCT national stage, entry application in Thailand must contain the title, claims and abstract in Thai and the details about the applicant(s) and inventor(s).

• Language of the Thai patent application

The official language of the patent registration in Thailand is Thai. Thai translation of the title, claims and abstract as well as English translation of the specification should be provided at the time of entering the PCT national phase. The translation of the specification into Thai should be provided within 90 days from entering the Thai PCT national phase by paying the additional charge.

• Power of Attorney requirements

The representative should be authorised to act on behalf of the application by original Power of Attorney. It should be notarized by the Notary Public; however the legalisation is not required. The term to submit POA to the patent office is 90 days from the date of entering the Thai PCT national phase by paying the fine for late submission.

• Additional documents

The Deed of Assignment is required if the applicant of the international application differs from the applicant of the Thai patent application.

• Substantive examination request

The substantive examination should be requested and paid within five years from the publication of the application. There are no provisions regarding acceleration of the examination; however submission of the granted patent in any examining country may speed up the examination process. Besides, it is possible to file a request for use of the search and examination results from the ASPEC member-country, and thus expedite the examination process. 

• Grace period

There is a grace period of 12 months before the date of filing for disclosure of the subject matter or details of the invention due to or in consequence of any unlawful act, or for disclosure by the inventor including display of the inventor’s work on an international or an official public exhibition.

• Grant and patent maintenance fees

Official fees for granting should be paid within 2 months from the date when Notice of Allowance was received. The annuity must be paid after the grant of the patent in Thailand. The first annuity should be paid within 60 days from the grant of a patent in Thailand.

• Representation by a patent agent

For foreigners, it is required to appoint a certified patent agent in Thailand for entering the PCT national stage.

• Notes

1. Online Search Database for Thai Patents.
2. Entering PCT national phase in Thailand is also possible as petty patent, which is similar to Utility Model. The petty patent in Thailand provides maximum protection period of 10 years from the date of filing.
3. For initiation of the national phase procedure earlier than stipulated 30-month term a written request must be submitted by the applicant.

Brief summary is based on the information provided by ANANDA INTELLECTUAL PROPERTY on 19.02.2024
Please contact us if the above information is not in conformity with Thai IP Laws.