PCT Applicant's Guide Thailand - Valid as from 15 Aug 2024

Applicable as from 15 August 2024

(published on 15 August 2024)

Summary of latest changes in this version
Annexes: Forms

Consult the full list of the changes

Previous version(s): You can consult previous versions of the document. The only applicable version is the current version.
15 Sep 2023, 23 May 2024, Current Version

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 Sunday

Additional 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:

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)?

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)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

IB,

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.

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 application filed on paper:

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,

Competent International Preliminary Examining Authority:

AU,

CN,

EP,

JP,

SG,

The 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 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

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?

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 reinstatement

50 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, 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 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?

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 application

This 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 applicant

Statement justifying the applicant’s right to the invention

This 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 Thailand

Power of attorney if an agent is appointed

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 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

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 Art. 28, PCT Art. 41
The 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 Art. 25, PCT Rule 51
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 (refer to Annex TH.V).

TH.10 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PCT Rule 49.6, PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

TH.11 REINSTATEMENT OF RIGHTS

PCT Rule 49.6
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 (refer to Annex TH.IV).

TH.12 EARLY START OF NATIONAL PHASE

PCT Art. 23(2), PCT Art. 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 Art. 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 5^th year

1,000 THB

— for the 6^th year

1,200 THB

— for the 7^th year

1,600 THB

— for the 8^th year

2,200 THB

— for the 9^th year

3,000 THB

— for the 10^th year

4,000 THB

— for the 11^th year

5,200 THB

— for the 12^th year

6,600 THB

— for the 13^th year

8,200 THB

— for the 14^th year

10,000 THB

— for the 15^th year

12,000 THB

— for the 16^th year

14,200 THB

— for the 17^th year

16,600 THB

— for the 18^th year

19,200 THB

— for the 19^th year

22,000 THB

— for the 20^th year

25,000 THB

— for the single payment of all annual fees due for the 5^th to the 20^th 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 5^th year

750 THB

— for the 6^th year

1,500 THB

— for the single payment of the annual fees due for the 5^th and the 6^th years

2,000 THB

Extension fees:

— for the first extension (the 7^th and 8^th years)

6,000 THB

— for the second extension (the 9^th and 10^th 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.