TH PCT Applicant’s Guide – National Phase – National Chapter – TH Page 1 (7 November 2019) DEPARTMENT OF INTELLECTUAL PROPERTY (DIP) (THAILAND) AS DESIGNATED (OR ELECTED) OFFICE CONTENTS THE ENTRY INTO THE NATIONAL PHASE – SUMMARY THE PROCEDURE IN THE NATIONAL PHASE ANNEXES Fees ............................................................... Annex TH.I Form for entering the national phase ....................................... Annex TH.II Model of power of attorney ............................................. Annex TH.III Form for restoration of the right of priority .................................. Annex TH.IV Form for the reinstatement of rights ....................................... Annex TH.V Request for earlier start of the national phase ................................. Annex TH.VI Form for amendment of the application ..................................... Annex TH.VII Form for conversion ................................................... Annex TH.VIII Statement of applicant’s right to apply for a patent/petty patent ................... Annex TH.IX Request for examination ................................................ Annex TH.X List of abbreviations: Office: Department of Intellectual Property (DIP) (Thailand)
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PCT Applicant’s Guide – National Phase – National Chapter – TH Page 1
Office: Department of Intellectual Property (DIP) (Thailand)
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PCT Applicant’s Guide – National Phase – National Chapter – TH Page 3
(25 July 2013)
SUMMARY Designated (or elected) Office
SUMMARY
TH DEPARTMENT OF INTELLECTUAL
PROPERTY (DIP) (THAILAND)
TH
Summary of requirements for entry into the national phase
Time limits applicable for entry into the national phase:
Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date
Translation of international application required into:1 Thai
Required contents of the translation for entry into the national phase:1
Under PCT Article 22: Request, description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 192), any text matter of drawings, abstract
Under PCT Article 39(1): Request, description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report2)
Is a copy of the international application required?
Yes, a copy is required only if the Office has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2) or 40(2).
National fee: Currency: Baht (THB)
For patent:
Filing fee: THB 500
For petty patent:
Filing fee: THB 250
Exemptions, reductions or refunds of the national fee: None
Special requirements of the Office (PCT Rule 51bis):
Name and address of the inventor if they have not been furnished in the “Request” part of the international application3, 4
Document evidencing a change of name of the applicant4
Statement justifying the applicant’s right to the invention3
Appointment of an agent if the applicant is not resident in Thailand
Power of attorney if an agent is appointed4
[Continued on next page]
______________ 1 Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1). 2 Where the translation of the international application furnished by the applicant consists only in the translation of the international
application either as originally filed or as amended, the Office will invite the applicant to furnish the missing translation of the international application; if the missing translation of the international application is still not furnished within the time limit applicable under Thai Patent Law, the international application will be considered to be withdrawn.
3 This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17. 4 If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to
comply with the requirement and to pay the required fee within a time limit of 90 days from the date of receipt of the invitation.
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SUMMARY Designated (or elected) Office
SUMMARY
TH DEPARTMENT OF INTELLECTUAL
PROPERTY (DIP) (THAILAND)
[Continued]
TH
Who can act as agent? Any patent attorney or patent agent registered before the Office5
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)? Yes, the Office applies the “due care” criterion to such requests
______________ 5 A list of patent agents may be obtained from the Office.
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PCT Applicant’s Guide – National Phase – National Chapter – TH Page 5
(25 July 2013)
THE PROCEDURE IN THE NATIONAL PHASE
TH.01 FORM FOR ENTERING THE NATIONAL PHASE. The Office has available a
special form for entering the national phase (see Annex TH.II). This form should preferably be
used.
TH.02 TRANSLATION. If the translation furnished to the Office is not complete, the
Office will invite the applicant to furnish the missing translation within the time limit fixed in
the invitation. If the missing translation is not furnished within this time limit, the international
application will be considered withdrawn (see National Phase, paragraphs 6.002 and 6.003).
TH.03 FEES (MANNER OF PAYMENT). The manner of payment of the fees indicated in
the Summary and in this Chapter is outlined in Annex TH.I.
TH.04 APPOINTMENT OF AN AGENT. If the applicant is not resident in Thailand, an
agent shall be appointed by submitting to the Office a power of attorney (see Annex TH.III),
signed by the applicant. Any patent attorney or patent agent registered before the Office may
act as agent.1
TH.05 INVENTOR. If the applicant is also the inventor, the request must be accompanied
by a statement of the applicant's right to apply for a patent or petty patent (see Annex TH.IX).
TH.06 ANNUAL FEES. Annual fees for patents are payable for the fifth and each
subsequent year following the date of grant of the patent. Annual fees for petty patents are
payable for the fifth and each subsequent year, up to a maximum of 10 years, following the date
of grant of the petty patent. The amounts of the annual fees are indicated in Annex TH.I.
TH.07 EXAMINATION. Requests for examination must be made, together with the
payment of the prescribed fees, within five years from the date of publication of the patent
application and within one year from the date of grant of the petty patent (see Annex TH.X).
PCT Art. 28 41
TH.08 AMENDMENT OF THE APPLICATION. The applicant may, at any time before
the patent is granted, make amendments to his application (see Annex TH.VII), with the
payment of the prescribed fee, provided that the amendment does not go beyond the disclosure
in the initial application.
PCT Art. 25 PCT Rule 51
TH.09 REVIEW UNDER ARTICLE 25 OF THE PCT. The applicable procedure is
outlined in paragraphs 6.018 to 6.021 of the National Phase. Where an international application
is considered withdrawn, the applicant may request reconsideration by the Office (see
Annex TH.V).
PCT Art. 24(2) 48(2) PCT Rule 49.6 82bis
TH.10 EXCUSE OF DELAYS IN MEETING TIME LIMITS. Reference is made to
paragraphs 6.022 to 6.027 of the National Phase.
PCT Rule 49.6 TH.11 REINSTATEMENT OF RIGHTS. Reinstatement of rights may be requested where
the applicant failed to observe a time limit set by the Office in spite of due care, which is
prejudicial to his rights. A request for reinstatement must be presented in writing within
two months from the removal of the cause of the failure to observe the time limit or 12 months
from the date of expiration of the applicable time limit, whichever time limit expires earlier.
Within the said time limit, the omitted action must be completed and a declaration or other
evidence in support of the request must be furnished (see Annex TH.IV).
1 A list of patent agents may be obtained from the Office.
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PCT Art. 23(2) 40(2)
TH.12 EARLY START OF NATIONAL PHASE. If the applicant wishes the examination
of his application by the Office to start earlier than the expiration of the time limit applicable
under PCT Article 22 or 39(1), he shall file an express request in writing therefore (see
Annex TH.VI) and submit the basic national fee, a copy of the international application, a
translation of the international application, an international search report, a written opinion of
the International Searching Authority, the international preliminary examination report (if any)
and an oath or declaration of the inventor.
PCT Art. 43 PCT Rule 49bis.1(a)
TH.13 PETTY PATENT. Subject to paragraph TH.14, if the applicant wishes to obtain a
petty patent instead of a patent in Thailand, on the basis of an international application, the
applicant, when entering the national phase, shall so indicate to the Office. Annual fees for
petty patents are payable for the fifth and the sixth years. Extension fees are due for the seventh
and eighth years (first extension) and the ninth and tenth years (second extension). The amounts
of the fees are indicated in Annex TH.I.
TH.14 CONVERSION. A patent application may be converted, at the request of the
applicant (see Annex TH.VIII), into an application for a petty patent prior to the date on which
the decision to grant a patent is published. An application for a petty patent may be converted, at
the request of the applicant, into a patent application at any time before the decision to grant a
petty patent has been taken. The converted application shall have the filing date of the initial
application. A fee for requesting conversion is due (see Annex TH.I).
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PCT Applicant’s Guide – National Phase – National Chapter – TH Annex TH.I, page 1
PCT Applicant’s Guide – National Phase – National Chapter – TH Annex TH.III
(7 November 2019)
POWER OF ATTORNEY
*I/We the undersigned,
Name : ……………………………………...……………………..……………………… Address : …………………...……………………………………………………………….. ..…………………...………………………………………………………………..
Appoint
Name : ……………………..………………………Patent Agent Number: …………….. Address : …………………...……………………………………………………………….. ..…………………...………………………………………………………………..
to act on *my/our behalf with an application based on PCT application in the Kingdom of Thailand, and to handle in the procedure before the Department of Intellectual Property of Thailand in connection with the following matter(s) : ………………………..………………………..………………………..……………………………………………..………………………..………………………..……………………………………………..………………………..………………………..……………………
ratify all acts done by the agent on *my/our behalf in connection with that/those matter(s), and request that all notices, requisitions and communications relating thereto be sent to the agent at the abovementioned said address.
**SIGNATURE ………………………………… …………………….….
(Date)
* Delete whichever does not apply** Type name under signature and delete whichever does not apply
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PCT Applicant’s Guide – National Phase – National Chapter – TH Annex TH.IV
Annex TH.I, page 2 PCT Applicant’s Guide – National Phase – National Chapter – TH
(7 November 2019)
Form PI/PD/PP/001-A (Add)
Statement of Applicant’s Right to Apply For a Patent/Petty Patent
Place __________________________________________________
Date ___________________________________________________
To: The Director – General, Department of Intellectual Property I (We) ______________________________________________________________________________
___________________________________________________________________________________________ of _____________________________________________________________________________________ and
I (We) ______________________________________________________________________________ of _____________________________________________________________________________________ and
I (We) ______________________________________________________________________________ of _________________________________________________________________________________________ do hereby state and confirm my (our) rights in the invention/design entitled : _________________________ __________________________________________________________________________________________________________
of which I (we) apply for a Patent/Petty Patent as follows :1. That I (we) am (are) the true inventor (s)/creator (s) of the invention/design.2. That no other person or body has any rights to the invention/design.3. That the right to the invention/design has not been assigned to any other person.4. That all the statements contained above and the facts contained in the application are to the
best of my knowledge true and accurate.
Signature (S) ____________________________________ (______________________________________)
Signature (S ) _______________________________________ (______________________________________)
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