WIPO - PCT Applicant's Guide TH - Thailand
Department of Intellectual Property (DIP) (Thailand)

    Applicable as from August 15, 2024
    (Last updated on August 15, 2024)

    Summary of latest changes in this version
    Annexes: Forms
    List of changes

    All available versions

    Useful information

    The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    List of abbreviations used in this document:
    Office: Department of Intellectual Property (DIP) (Thailand)
    List of currencies used in this document:
    CHF (Swiss franc), THB (Baht)
    Countries and Offices information:
    The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
    Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
    Also refer to PCT Contracting States formerly Annex A.
    Office profile
    For more technical information about the Office, refer to ePCT Office profile.
    PCT Reservations, Declarations, Notifications and Incompatibilities
    Article 64(5)Refer to the full list.
    Office Closed dates
    The Office is closed weekly on Saturday and SundayAdditional closed dates can be consulted on the Office Closed dates page

    International Phase

    Annex B - Information on Contracting States or Intergovernmental Organization

    Contracting State:
    Thailand
    Two-letter code:
    TH
    Name of Office:
    Department of Intellectual Property (DIP) (Thailand)
    Location:
    563 Nonthaburi Road
    Bangkrasor
    Muang
    Nonthaburi 11000
    Thailand
    Mailing address:
    Same as above
    Telephone:
    (66-2) 547 4304
    E-mail:
    ro-th-pct@ipthailand.go.th
    Website:
    http://www.ipthailand.go.th
    Facsimile:
    None
    Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
    No
    Does the Office send notifications via e-mail in respect of international applications?
    Yes
    Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
    Yes
    Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.No
    Competent receiving Office(s) for international applications filed by nationals or residents of this State:
    IB, TH
    Does national legislation restrict the filing of international applications with foreign Offices?
    Refer to the Office
    Competent designated (or elected) Office(s) for this State:
    Refer to corresponding National Phase.TH
    Types of protection available via the PCT:
    Patents, Petty patents
    Payment methods accepted by the Office:
    As RO:
    The payment of the fees has to be effected in Baht. All payments must indicate the application number, the name of the applicant and the category of fee being paid.    Methods for paying both PCT International Phase and PCT National Phase fees:
    Applicants can pay by three modes of payment:
    (a) paying cash at the DIP
    (b) transfer the fee via Krungthai Bank account as determined by DIP
    (c) pay by check payable to DIP
    Availability under the national law for an international-type search (PCT Article 15):
    None
    Provisional protection after international publication:
    None
    Information of interest if this Contracting State is designated (or elected)
    Time when the name and address of the inventor must be given:
    May be in the request or may be furnished later. 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 within a time limit of ninety days from the date of receipt of the invitation.
    Are there special provisions concerning the deposit of microorganisms and other biological material?
    Yes, refer to Annex L.

    Annex C - Receiving Office

    Competent receiving Office for nationals and residents of:
    Thailand
    Language in which international applications may be filed:
    If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3).English, Thai
    Language accepted for language-dependent free text in the sequence listing:
    English
    Language in which the request may be filed:
    English
    Number of copies required by the receiving Office if the international application is filed on paper:
    1
    Does the receiving Office accept the filing of international applications in electronic form?
    Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.For the relevant notifications by the Office, refer to Official Notices (PCT Gazette) dated 3 February 2022, pages 36 et seq. and 24 November 2022, page 309.Yes, the Office accepts electronic filing via ePCT-Filing
    Does the receiving Office accept the submission of pre-conversion documents and, if yes, in which format (Section 706 of the PCT Administrative Instructions)?
    Yes, any format
    Does the receiving Office accept incorporation by reference (PCT Rule 20.6)?
    Yes
    Does the receiving Office accept the submission of color drawings on an informal basis and transmit them to the International Bureau?
    Yes
    Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
    Yes, the Office applies the “due care” criterion to such requests
    Competent International Searching Authority:
    AU, CN, EP, JP, KR, SG, US
    Competent International Preliminary Examining Authority:
    AU, KRCN, EP, JP, SG, USThe Office is competent only if the international search is or has been carried out by that Office.
    Fees payable to the RO:
    Transmittal fee:
    3,000 THB
    International filing fee:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).Equivalent in THB of 1,330 CHF
    Fee per sheet in excess of 30:
    Equivalent in THB of 15 CHF
    Reductions (under Schedule of Fees, item 4):
    Electronic filing (the request in character coded format):
    Equivalent in THB of 200 CHF
    Electronic filing (the request, description, claims and abstract in character coded format):
    Equivalent in THB of 300 CHF
    Search fee:
    Refer to
    Annex D(AU)
    Annex D(CN)
    Annex D(EP)
    Annex D(JP)
    Annex D(KR)
    Annex D(SG)
    Annex D(US)
    Fee for priority document (PCT Rule 17.1(b)):
    50 THB
    Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):
    None
    Is an agent required by the receiving Office?
    No, if the applicant resides in Thailand
    Yes, if the applicant is a non-resident
    Who can act as agent?
    Any patent attorney or patent agent registered before the Office
    Waiver of power of attorney:
    Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph IP 11.048).
    Has the Office waived the requirement that a separate power of attorney be submitted?
    No
    Particular instances in which a separate power of attorney is required:
    Not applicable
    Has the Office waived the requirement that a copy of a general power of attorney be submitted?
    No
    Particular instances in which a copy of a general power of attorney is required:
    Not applicable

    National Phase

    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
    Does the Office permit reinstatement of rights (PCT Rule 49.6)?
    Yes, the Office permits reinstatement of rights under the “due care” criterion.Fee for reinstatement50 THB
    Translation of international application required into (one of) the following language(s):
    Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).Thai
    Required contents of the translation for entry into the national phase:
    Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).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.Under PCT Article 22: Request, description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19 ), any text matter of drawings, abstractUnder 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 report)
    Is a copy of the international application required in particular circumstances?
    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)
    Does the Office accept color drawings under its national law?
    No
    National fees:
    Patents
    Filing fee
    500 THB
    Petty patents
    Filing fee
    250 THB
    Exemptions, reductions or refunds of fees:
    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 applicationThis requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.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.Document evidencing a change of name of the applicantIf 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.Statement justifying the applicant’s right to the inventionThis requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.Appointment of an agent if the applicant is not resident in ThailandPower of attorney if an agent is appointedIf 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.
    Who can act as agent?
    A list of patent agents may be obtained from the Office.Any patent attorney or patent agent registered before the Office
    Does the Office accept the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1)?
    Yes
    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

    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 (refer to 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 (refer to National Phase, paragraphs NP 6.002 and NP 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
    A list of patent agents may be obtained from the Office.If the applicant is not resident in Thailand, an agent shall be appointed by submitting to the Office a power of attorney (refer to Annex TH.III), signed by the applicant. Any patent attorney or patent agent registered before the Office may act as agent.
    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 (refer to 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 (refer to Annex TH.X).
    TH.08 AMENDMENT OF THE APPLICATION
    PCT Article 28, PCT Article 41The applicant may, at any time before the patent is granted, make amendments to his application (refer to Annex TH.VII), with the payment of the prescribed fee, provided that the amendment does not go beyond the disclosure in the initial application.
    TH.09 REVIEW UNDER ARTICLE 25 OF THE PCT
    PCT Article 25, PCT Rule 51The applicable procedure is outlined in paragraphs NP 6.018 to NP 6.021 of the National Phase. Where an international application is considered withdrawn, the applicant may request reconsideration by the Office (refer to Annex TH.V).
    TH.10 EXCUSE OF DELAYS IN MEETING TIME LIMITS
    PCT Article 24(2), PCT Article 48(2), PCT Rule 49.6, PCT Rule 82bisReference is made to paragraphs NP 6.022 to NP 6.027 of the National Phase.
    TH.11 REINSTATEMENT OF RIGHTS
    PCT Rule 49.6Reinstatement 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 (refer to Annex TH.IV).
    TH.12 EARLY START OF NATIONAL PHASE
    PCT Article 23(2), PCT Article 40(2)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 (refer to 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.
    TH.13 PETTY PATENT
    PCT Article 43, PCT Rule 49bis.1(a)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 (refer to 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 (refer to Annex TH.I).

    Annexes

    Annex TH.I - Fees
    Patents
    Filing fee
    500 THB
    Publication fee
    250 THB
    Request for examination fee
    250 THB
    Registration fee
    500 THB
    Opposition fee
    250 THB
    Additional fee for furnishing certain documents after entry into the national phase
    50 THB
    Assignment recordal fee
    250 THB
    Licensing certificate fee
    500 THB
    Appeal fee
    500 THB
    Conversion fee
    100 THB
    Annual fees:
    — for the 5th year
    1,000 THB
    — for the 6th year
    1,200 THB
    — for the 7th year
    1,600 THB
    — for the 8th year
    2,200 THB
    — for the 9th year
    3,000 THB
    — for the 10th year
    4,000 THB
    — for the 11th year
    5,200 THB
    — for the 12th year
    6,600 THB
    — for the 13th year
    8,200 THB
    — for the 14th year
    10,000 THB
    — for the 15th year
    12,000 THB
    — for the 16th year
    14,200 THB
    — for the 17th year
    16,600 THB
    — for the 18th year
    19,200 THB
    — for the 19th year
    22,000 THB
    — for the 20th year
    25,000 THB
    — for the single payment of all annual fees due for the 5th to the 20th year
    140,000 THB
    Petty Patents
    Filing fee
    250 THB
    Publication and registration fee
    500 THB
    Request for examination fee
    250 THB
    Additional fee for furnishing certain documents after entry into the national phase
    50 THB
    Assignment recordal fee
    250 THB
    Licensing certificate fee
    500 THB
    Appeal fee
    500 THB
    Conversion fee
    100 THB
    Annual fees:
    — for the 5th year
    750 THB
    — for the 6th year
    1,500 THB
    — for the single payment of the annual fees due for the 5th and the 6th years
    2,000 THB
    Extension fees:
    — for the first extension (the 7th and 8th years)
    6,000 THB
    — for the second extension (the 9th and 10th years)
    9,000 THB
    How can payment of fees be effected?
    The payment of the fees has to be effected in Baht. All payments must indicate the application number
    (national, if already known; international, if the national application number is not yet known), the name of the applicant and the category of fee being paid.
    Current version applicable from August 15, 2024 , printed on October 16, 2026
    100 #102 - 2026-09-28T10:28:16.882+02:00