Welcome to the second episode of our series on Patenting in Thailand. In our previous episode, we introduced you to patents and their role in safeguarding your innovative ideas. In this episode, we will focus on the process of filing a patent in Thailand, and how Intellectual Design Group (IDG) can make this journey smoother.

 

The patent application in Thailand may be filed at the following receiving offices or channels.

1. Patent Receiving Office, 3rd Floor, Department of Intellectual Property, Ministry of Commerce, No. 44/100, Sanambinnam Road, Bang Krasor, Muang Nonthaburi, Nonthaburi 11000
2. Provincial Commerce Office in your residential area.
3. Electronic Filing System (https://www.ipthailand.go.th/th/)

Filing Patent Application with IDG

Need a timesaving method or assistant to help you with the entire patent process, from drafting and revising to filing in Thailand and internationally?

Look no further than Intellectual Design Group (IDG). Our team of experienced patent professionals has the expertise and skills to help you turn your ideas into patentable innovations and technologies.

We offer a wide range of services, including:

• Strategic counsel on requesting Invention Patent, Petty Patent, and Design Patent.
• Solutions for utilities and commercialization of your intellectual property.
• Patent drafting, revising, and filing in Thailand and internationally.

We have a proven track record of success in helping clients of all sizes in a variety of fields.

Why choose IDG?

• We are passionate about helping our clients succeed.
• We offer a comprehensive range of patent services.
• We have a team of experienced and skilled professionals.
• We are committed to delivering outstanding quality work.
• We offer competitive rates and flexible payment options.

Procedure for Filing Patent Application with IDG

Phase 1: Patentability Search

First, IDG will search our internal and international databases to determine the most appropriate type of patent for your invention. We will collect this information and prepare a report for you to assist you in making informed decisions about your next steps. Based on the results of our search, we will recommend that you file for a patent that is most likely to be granted. However, the type of patent you choose will also depend on your marketing strategy.

Phase 2: Preparing and Filing a Patent Application

Once you have decided on the type of patent protection you want, IDG will be responsible for drafting the patent application in accordance with the law and regulation, preparing the relevant documents, and filing it before the Department of Intellectual Property. The information that IDG needs from the client will vary depending on the type of patent you are applying for.

2.1) Invention Patent and Petty Patent

For Invention Patent and Petty Patent applicants, the client will need to provide information about the mechanism, operation, tools, equipment, engineering parts, formulas, and processes related to your invention, along with illustrations.

2.2) Design Patent

For design patent application, the client will need to provide information about the appearance of your product, including its shape, configuration, pattern, or ornament. The client will also need to provide illustrations of your product from different views.

Phase 3: Publication and Registration

After submitting your patent application to the Department of Intellectual Property, the examiner will review your application and, if it meets the legal requirements, will publish it for opposition. The applicant or patent agent must submit the required document and pay the official fees. The invention patent or petty patent application will be published for 90 days. During this time, any interested party may file an opposition against your application. If your application is opposed, you may submit an explanation to the authorities.

The publication process differs for each type of patent, as follows:

3.1) Invention Patent

The Department of Intellectual Property will notify the applicant of the patent agent to pay the publication fee, which must be paid within 60 days of notification. The office will then publish the patent for 90 days. If there is no opposition, the applicant or the patent agent must file a request for substantive examination within 5 years after the publication date. If the invention is found to be patentable, it will be registered as Invention Patent.

3.2) Petty Patent

The Department of Intellectual Property will notify the applicant or the patent agent to pay a publication and registration fee, which must be paid within 60 days of notification. The patent will then be published and registered at the same time. Petty Patent may be subject to examination by interested parties, but the request must be filed within 1 year of registration.

3.3) Design Patent

The Department of Intellectual Property will publish the design after the applicant or patent agent pays a fee. If there are no objections, the authorities will review the design to ensure that it meets the criteria (the objection period is 90 days). The design patent will then be registered. The applicant does not need to file a request for examination, as it is required for an invention patent.

 

Thailand Patent Filing by Claiming Foreign Priority

Invention Patent and Petty Patent

For an invention application that has been filed earlier in other jurisdictions, it is able to be filed that application into Thailand by claiming earlier priority. However, the content of an invention must not be prevented to be patented according to Thai law, which are as follows.

1. Naturally occurring microorganisms and their components, animal, plants or extracts from animals or plants.
2. Scientific or mathematical rules or theories.
3. Computer programs.
4. Methods of diagnosis, treatment or cure human and animal disease.
5. Invention contrary to public order, morality, health, or welfare.

In addition, in order to file an invention into to Thailand by claiming foreign priority applications, there are two options available which offering a different condition and required documents.

• Paris Convention Entry

By filing an application into Thailand through Paris Convention route, the applicant must file an application into Thailand within 12 months from the earliest priority date. However, the is an alternative solution available in case the applicant cannot manage to file an application within the due time. Therefore, please contact the department officials or local patent attorney for more information.

An applicant is required to provide these following documents to the Patent Receiving Office, 3rd Floor, Department of Intellectual Property, Ministry of Commerce, No. 44/100, Sanambinnam Road, Bang Krasor, Muang Nonthaburi, Nonthaburi 11000

• Patent application form (001kor)
• Request for Priority Claiming form (002kor)
• Original copy of Priority Document
• Original copy of Statement of Applicant Right or Deed of Assignment
• Original Copy of Notarized Power of Attorney (In case that filing through a registered Patent Agent)
• Full description of an Invention
  • Invention specification
  • Claims
  • Drawings (if any)
  • Abstract

NOTE: All documents in foreign language are required to provide the Thai translation with correction approval to the receiving office.

• PCT National Phase Entry

Filing applicant into Thai through a PCT system is also available for applicant who owning PCT application in hand as well. The deadline for filing PCT national phase into Thailand is 30 months from the earliest priority application. Please be informed that yet an application is filing into Thailand through PCT system, the same regulation of unpatentable invention remain apply.

An applicant is required to provide these following documents to the PCT Receiving Office, 6th Floor, Department of Intellectual Property, Ministry of Commerce, No. 44/100, Sanambinnam Road, Bang Krasor, Muang Nonthaburi, Nonthaburi 11000

• PCT national-phase entry application form (001kor (PCT))
• Original Copy of Notarized Power of Attorney * (In case that filing through a registered Patent Agent)
• PCT Request Form (RO 101) *
• Initial Publication with ISR
• International Search Report (ISA 210)
• Written Opinion of the International Searching Authority (ISA 237)
• Notification of the Recording of a Change (IB 306) (If any) *
• Full description of an Invention *
  • Invention specification *
  • Claims *
  • Drawings (if any) *
  • Abstract *

NOTE: All documents with * are required to provide a copy of the Thai translation with correction approval to the PCT receiving office.

Design Patent

For the design patent, according to Thai regulation, there is only single option available for applicant to file a design patent application by claiming foreign priority which is filing an application directly inbound.
In this case, an applicant is required to manage the filing of an application within 6 months from the earlier priority date, to claim priority of an application. However, some documents are exempt from submitting to the receiving office at the first filing date. Please contact the department officials or local patent attorney for more information.

An applicant is required to provide these following documents to the Patent receiving Office, 3rd Floor, Department of Intellectual Property, Ministry of Commerce, No. 44/100, Sanambinnam Road, Bang Krasor, Muang Nonthaburi, Nonthaburi 11000

• Patent application form (001kor)
• Request for Priority Claiming form (002kor)
• Original copy of Priority Document
• Original copy of Statement of Applicant Right or Deed of Assignment
• Original copy of Notarized Power of Attorney (In case that filing through a registered Patent Agent)
• Full description of a design
  • Design Specification (if any)
  • Claims
  • At least 7 views of drawings or photographs of product, including a perspective view.

NOTE: All documents in foreign language are required to provide the Thai translation with correction approval to the receiving office.

Filing a Patent application into Thailand with IDG

At Intellectual Design Group (IDG), we understand that your patent application is important to you, and we are committed to providing you with the highest quality service and support to help you achieve your patent goals. We are also client confidential orientated, meaning that we take your confidentiality very seriously.

Intellectual Design Group (IDG) offers a number of advantages, including:

• Clear net quotation

We provide a clear net quotation before starting our job, so you know exactly how much our service will cost. This gives you peace of min and allows you to budget accordingly.

• Full-service

We take care of the entire patent application process, from filing, examination, and registration. This saves your time and hassle, and allows you to focus on your business.

• Free office action summary

We summarize office actions from the examiner and forwarding them to you at no additional cost. This helps you understand the examiner’s concern and to prepare a response in a timely manner.

• Experienced team

Our team has extensive experience in handling patent applications, and we have a strong expertise in our field. This means that we can provide you with sound advice and guidance throughout the patent process.

• Strategic counselling

We offer strategic counselling on how to utilize and commercialize your invention and design in Thailand. This helps you to maximize the value of your patent and to achieve your business goals.

• Outstanding translation

We offer outstanding quality translation of your invention by an experience patent agent, revised before filing. This ensures that your patent application is accurately and professionally translated, which is essential for success in the Thai patent system.

• Client confidential orientated

We take your confidentiality very seriously and will protect your intellectual property rights at all times.

In addition to these advantages, IDG is also committed to providing excellent customer service. We are always responsive to our clients’ needs and we are dedicated to helping them succeed. If you are considering filing a patent application in Thailand, we encourage you to contact IDG for a free consultation. We will be happy to answer your questions and discuss your specific needs.