泰国专利法
发布日期：2020-08-07
Patent Act B.E. 2522 (1979)
As Amended by the Patent Act (No. 2) B.E 2535 (1992)
and the Patent Act (No. 3) B.E. 2542 (1999)
TABLE OF CONTENTS
Sections
[Without title]................................................................
1 - 2
Chapter I: Preliminary....................................................................
3 - 4
Chapter II: Patent for Inventions
Part I: Applications for Patents ................................................
5 - 23
Part II: Grant of Patent ..............................................................
24 - 34
Part III: Rights Conferred by the Patent .....................................
35 - 42
Part IV: Annual Fees ..................................................................
43 - 44
Part V: Licenses of Right Compulsory Licenses and
Government Use ...........................................................
45 - 52
Part VI: Surrender of Patent or Claims and Cancellation of
Patent ............................................................................
53 - 55
Chapter III: Patents for Designs........................................................
56 - 65
Chapter IIIbis: Petty Patents..................................................................65bis - 65decies
Chapter IV: Board of Patents............................................................
66 - 74
Chapter V: Miscellaneous ...............................................................
75 - 80
Chapter VI: Offenses ........................................................................
81-88
List of the maximum Fees
BHUMIBOL ADULYADEJ, REX
Given on the 11th day of March, B.E. 2522
Being the 34th year of the present Reign
His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that.
Whereas it is deemed expedient to grant protection for inventions and designs;
Be it, therefore, enacted by the King, by and with the advice and consent of the National
Legislative Assembly, acting as the National Parliament, as follows:
1. This Act shall be called the “Patent Act B.E. 2522.”
2. This Act shall come into force after the expiration of one hundred and eighty days
following the date of its publication in the Government Gazette.(1)YH
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Chapter I
Preliminary
3(2). In this Act:
“patent” means a document issued to grant protection for an invention or a design under
the provisions in Chapters 2 and 3 of this Act;
“petty patent” means a document issued to grant protection for an invention under the
provisions in Chapter 3bis of this Act;
“invention” means any innovation or invention which creates a new product or process,
or any improvement of a known product or process;
“process” means any method, art or process of producing, maintaining or improving the
quality of a product, including the application of such process;
“design” means any form or composition of lines or colors which gives a special
appearance to a product and can serve as a pattern for a product of industry or handicraft;
“patent owner” includes the transferee of a patent;
“petty patent owner” includes the transferee of a petty patent;
“Board” means the “Board of Patents”;
“Competent Officer” means a person appointed by the Minister to act under this Act;
“Director-General” means the Director-General of the Department of Intellectual
Property, including any person who is designated by him;
“Minister” means the Minister having charge and control of the execution of this Act.
4. The Minister of Commerce shall have the charge and control of the execution of the
Act and shall have power to appoint competent officers and issue Ministerial Regulations
prescribing fees not exceeding those fixed in the list attached to this Act, exempting any part
or whole fee and prescribing other procedures for the execution of this Act.
The Ministerial Regulations shall become effective upon their publication in the
Government Gazette.
Chapter II
Patent for Inventions
Part I
Applications for Patents
5. Subject to Section 9, a patent may be granted only for an invention in respect of
which the following conditions are satisfied:YH
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(1) the invention is new;
(2) it involves an inventive step; and
(3) it is capable of industrial application.
6(3). An invention is new if it does not form part of the state of the art.
The state of art also includes any of the following inventions:
(1) an invention which was widely known or used by others in the country before the
date of application for the patent;
(2) an invention the subject matter of which was described in a document or printed
publication, displayed or otherwise disclosed to the public, in this or a foreign country before
the date of the application for a patent;
(3) an invention for which a patent or petty patent was granted in this or a foreign
country before the date of application;
(4) an invention for which a patent or petty patent was applied in a foreign country
more than eighteen months before the date of the application and a patent or petty patent has
not been granted for such invention;
(5) an invention for which a patent or petty patent was applied for in this or a foreign
country and the application was published before the date of application.
A disclosure which was due to, or made in consequence of, the subject matter having
been obtained unlawfully, or a disclosure which was made by the inventor, or made in
consequence of, the inventor displaying the invention at an international exhibition or an
official exhibition if such disclosure was done within twelve months before the filing of an
application for the patent, shall not be deemed to be a disclosure under subsection (2) above.
7. An invention shall be taken to involve an inventive step if it is not obvious to a
person ordinary skilled in the art.
8. An invention shall be taken to be capable of industrial application if it can be made
or used in any kind of industry, including handicrafts, agriculture and commerce.
9(4). The following inventions are not protected under this Act:
(1) naturally occurring microorganisms and their components, animals, plants or
extracts from animals or plants;
(2) scientific or mathematical rules or theories;
(3) computer programs;
(4) methods of diagnosis, treatment or cure of human and animal diseases;
(5) inventions contrary to public order, morality, health or welfare.YH
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10(5). The inventor shall have the right to apply for a patent and to be named as such in
the patent.
The right to apply for a patent may be assigned or transferred by succession.
The assignment of the right to apply for a patent must be in writing and shall require the
signatures of the assignor and assignee.
11. The right to apply for a patent for an invention made in the execution of an
employment contract or a contract for performing a certain work shall belong to the employer
or the person having commissioned the work, unless otherwise provided in the contract.
The provision of the first paragraph shall apply in the circumstance where an
employment contract does not require in employee to exercise any inventive activity, but the
employee has made the invention using any means, data or report that his employment has put
at his disposal.
12. In order to promote inventive activity and to give o fair share to the employee in the
circumstances provided for in the first paragraph of Section 11, the employee-inventor shall
have a right to remuneration other than his regular salary if the employer benefits from the
invention.
In the circumstances provided for in paragraph 2 of Section 11, the employee-inventor
shall have a right to remuneration.
The right to remuneration any not be prevented by any contractual provision.
A request for remuneration under paragraph one and paragraph two of this Section shall
be submitted to the Director-General in accordance with the rules and procedures prescribed
in the Ministerial Regulations. The Director-General shall have the power to fix such
remuneration as he deems fit taking into account his salary, the importance of the invention,
benefits derived and expected to be derived from the invention and other circumstances and
prescribed by the Ministerial Regulations.
13. In order to promote inventive activity among government officials and employees
of the government organization or enterprises, an government official or an employee of a
government organization or enterprise shall have the same right as that of the employee under
Section 12, unless otherwise provided by the Rules or Regulations of such department of the
government or organization or enterprise.
14(6). An applicant for a patent shall possess one of the following qualifications:
(1) being a Thai national or a juristic person having its headquarters located in
Thailand;
(2) being a national of a country party to a convention or an international agreement on
patent protection to which Thailand is also a party;
(3) being a national of a country which allows Thai nationals or juristic persons having
their headquarters to apply for patents in that country;YH
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(4) being domiciled or having a real and effective industrial or commercial
establishment in Thailand or a country party to a convention or an international agreement on
patent protection to which Thailand is also a party.
15. When an invention is made by two or more persons jointly, they shall apply for a
patent jointly.
If a joint inventor refuses to join in an application for a patent or cannot be found or
reached or is not entitled to make an application for a patent, the application may be made by
the other inventor on behalf of himself.
A joint inventor who did not join in an application for a patent may subsequently make
a request to join in the application at any time before a patent is granted. Upon receipt of such
request, the competent officer shall notify the applicant and the joint inventor of the date on
which an investigation will take place. The applicant and each of the joint applicants shall be
furnished with a copy of the request.
In the investigation under the preceding paragraph, the competent officer may require
the applicant and joint applicants to appear before him and answer any question or hand any
document or other items to him. After such investigation and when the Director-General has
made his decision, the applicant and the joint inventor shall be notified of such decision.
16. If two or more persons have separately and independently made the same invention
and each of them has made an application for a patent, the applicant who is the first to file
shall be entitled to a patent. If the application have been filed on the same date, the applicants
shall agree whether a patent should be granted to one of them or all of them jointly. If no
agreement has been reached within the period prescribed by the Director-General, they shall
bring the case to the Court within ninety days after the expiration of the prescribed period. If
they fail to do so within such period, they shall be deemed to have abandoned their
applications.
17(7). The application for the patent shall comply with the rules and procedures as
prescribe in the Ministerial Regulations.
The application for a patent shall contain:
(1) the title of the invention;
(2) brief statement of its nature and purposes;
(3) a detailed description of the invention in such full, concise and clear and exact
terms as to enable any person ordinarily skilled in the art to which it pertains, or with which it
is most nearly connected, to make and use the invention and setting forth the best mode
contemplated by the inventor to carry out his invention;
(4) one or more clear and concise claims;
(5) other items prescribed in the Ministerial RegulationsYH
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In cases where Thailand acceded to an international agreement or cooperation on
patents, the patent application which is in compliance with the requirements of such
international agreement or cooperation shall be deemed to be a patent application under this
Act.
18. The application for patent shall relate to only one invention or to a group of
inventions which are so linked as to form a single inventive concept.
19(8). A person who has exhibited his invention in an exhibition which has been
sponsored or authorized and held in Thailand by the government and applies for a patent for
such invention within twelve months following the opening date of that exhibition shall be
deemed to have filed his application on the opening date of the exhibition.
19bis(9). A person under Section 14 who has filed a patent application for an invention
in a foreign country may claim the first foreign filing date as the filing date in the country if
the application is filed in the country within twelve months following the first filing date in
the foreign country.
20. The applicant may amend his application for a patent in accordance with the rules
and procedures prescribed in the Ministerial Regulations, provided that such amendment does
not enlarge the scope of the invention.
21(10). All officers whose duties are connected with patent applications shall refrain
from disclosing any detailed description of the invention or permitting any person to inspect
to make a copy of the detailed description of invention by any means before the publication of
such application under Section 28, unless it is authorized in writing by the applicant.
22(11). Before the publication of a patent application under Section 28, all persons who
know that the application has been filed shall refrain from disclosing any information
contained in the detailed description of the invention or committing any act which is likely to
cause damage to the applicant, unless it is authorized in writing by the applicant.
23. When secrecy is required for inventions which in the opinion of the
Director-General are of interest to the national security, the Director-General shall order the
applications for patents therefore to be kept in confidence unit it is otherwise ordered by him.
All persons, including the applicant, who know that the application has been ordered by
the Director-General to be kept in confidence under the preceding paragraph, shall refrain
from disclosing the subject matter or the detailed description of the invention to any other
person, unless it is authorized by law.
Part II
Grant of Patent
24. Before granting a patent to the applicant, the competent officer shall:
(1) examine the application as to its conformity with Section 17; andYH
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(2) examine the application as to its conformity with Section 5, in accordance with the
rules, procedures and conditions prescribed in the Ministerial Regulations.
25. In order to facilitate the examination of a patent application, the Director-General
may request any government department, unit or organization or any foreign or international
patent office of organization, to examine the application as to its conformity with Sections 5,
6, 7, 8, and 9, or the detailed description of the invention as to its conformity with
Section 17 (3). The Director-General may treat such examination as having been done by the
competent officer.
26. In the examination of an application if it appears that the application relates to
several distinct inventions which are not so linked as to form a single inventive concept, the
competent officer shall give a notice to the applicant requiring him to separate the application
into a number of applications, each of which relates to a single invention.
If the applicant files any of the separated applications within one hundred and eighty
days following the receipt of such notice under the preceding paragraph, he shall be deemed
to have filed that application on the filing date of hid first application.
The application shall be separated in accordance with the rules and procedures provided
by the Ministerial Regulations.
If the applicant does not agree with the requirement to separate the application, he shall
appeal to the Director-General within one hundred and twenty days. The decision of the
Director-General shall be final.
27. In the course of examination of an application, the competent officer may instruct
the applicant to appear before him in order to answer any question, or to hand over to him any
document or item.
If the applicant has filed on application for a patent in any foreign country, he shall
submit a report of the examination of the application in accordance with the rules and
procedures prescribed by the Ministerial Regulations.
If any document to be filed is in a foreign language, the applicant shall file such
document accompanied by translation in Thai.
If the applicant fails to comply with the instruction of the competent officer under the
preceding paragraph, or fails to submit the examination report within ninety days in
accordance with the second paragraph of this Section, he shall be deemed to have abandoned
his application. In case necessity, the Director-General may extend such period as he deems
appropriate.
28(12). Where the competent officer has submitted the examination report to the
Director-General,
(1) if it appears to the Director-General that the provisions of Section 17 have not been
complied with, or the invention is not patentable under Section 9, the Director-General shall
reject the application and the competent officer shall notify the applicant of the rejection by aYH
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return registered mail or by any other method prescribed by the Director-General within
fifteen days from the date of rejection by the Director-General; or
(2) if it appears to the Director-General that the provisions of Section 17 have been
compiled with and it is not an unpatentable invention under Section 9, the Director-General
shall, in accordance with the rules and procedures in the Ministerial Regulations, order the
application to be published. Before the publication is made, the competent officer shall, by
any method prescribed by the Director-General or by a return registered mail, notify the
applicant to pay the publication fee. If the applicant fails to pay the fee within sixty days from
the date of receipt of the notice, the competent officer shall once again notify the applicant by
a return registered mail. If the applicant fails to pay the publication fee within sixty days from
the date of receipt of such notice, he shall be deemed to have abandoned his application.
29. After the publication of the application under Section 28, the applicant may request
the competent officer to proceed with the examination as to its conformity with Section 5
either within five years after the publication of such application or, in cases where there is an
opposition and an appeal is taken, within one year after the final decision has been made,
depending on which period expires last. If the applicant fails to make such a request within
said period, he shall be deemed to have abandoned his application.
If the Director-General requests any governmental department, unit or organization or
any foreign or international patent office or organization to examine the application under
Section 25, and there is some expense derived from such examination, such expense shall be
paid by the applicant within sixty days after he has been notified by the competent officer. If
the applicant fails to pay the expense within the said period, he shall be deemed to have
abandoned his application.
30. Where an application for a patent has been published under Section 28, if it appears
that it does not comply with the provisions of Section 5, 9, 10, 11 or 14, the Director-General
shall refuse the grant of a patent. The Director-General shall refuse the grant of a patent. The
applicant as well as the other party to the opposition proceedings under Section 31 shall be
notified of such decision. The decision of the Director-General shall be published in
accordance with the rules and procedures prescribed by the Ministerial Regulations.
31(13). Where an application for a patent has been published under Section 28, any
person who thinks that he, not the applicant, is entitled to a patent, or that the application does
not comply with the provisions of Section 5, 9, 10, 11 or 14 may give notice to the competent
officer of opposition to such application within ninety days following the publication of the
application under Section 28.
Where an opposition has been made in accordance with the preceding paragraph, the
competent officer shall send a copy of such notice to the applicant. The applicant shall file
with the competent officer a counterstatement within ninety days following the receipt of the
copy of the notice. If the applicant fails to file such counterstatement within said period, he
shall be deemed to have abandoned his application.
A notice of opposition and counterstatement shall be supported by buttressing evidence.YH
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32. In an opposition proceeding, the opposing party and the applicant may introduce
any evidence or make any additional statement to support the ground on which they rely in
accordance with the procedures prescribed by the Director-General.
Where the Director-General has made his decision under Section 33 or Section 34, the
applicant and the opposing party shall be notified of the decision with the reasons on which it
is based.
33. Where a request for examination is made under Section 29 by the applicant for an
examination and the competent officer has made examination under Section 24, the competent
officer shall submit his examination report to the Director-General.
When the Director-General has considered the examination report and sees no reason to
refuse the grant of a patent, and there has been no opposition under Section 31 or there has
been an opposition but the Director-General has decided that the invention belongs to the
applicant, the Director-General shall order that the invention is to be registered and granted to
the applicant. The competent officer shall notify the applicant that the fee must be paid for
the grant of a patent within sixty days from the receipt of such notice.
When the fee has been paid in accordance with the preceding paragraph, the invention
shall be registered and a patent granted to the applicant within fifteen days following the
payment of the fee, but not before the expiration of period prescribed in Section 32. If the fee
is not paid within the period prescribed in the preceding paragraph, the applicant shall be
deemed to have abandoned his application. The patent shall be in the form prescribed by the
Ministerial Regulations.
34. Where there is an opposition and the Director-General has decided that the
invention belongs to the opposing party, the Director-General shall reject the application.
Where the decision of the Director-General rejecting the application is not appealed by
the applicant or is appealed and the Board or the Court has made a final decision, if the
opposing party has filed an application for a patent within one hundred and eighty days after
the rejection by the Director-General or from the date on which the final decision is made, as
the case may be, he shall be deemed to have filed his application on the filing date of the
applicant, and the publication of the application for a patent of the applicant made under
Section 28 shall be deemed to be the publication of the application of the opposing party. In
the latter case, no person may oppose the application of the opposing party on the ground that
he has better rights in the invention than the opposing party.
Before granting a patent to the opposing party, the competent officer shall examine the
application is accordance with Section 24. The provisions of Section 29 are also applicable to
the application of the opposing party.YH
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Part III
Rights Conferred by the Patent
35(14). An invention patent shall have a term of twenty years from the date of filing of
the application in the country. The term of a patent shall not include the period during which
court proceedings are taken under Section 16, 74 or 77sexies.
35bis(15). Any act in violation of Section 36 committed before the grant of a patent shall
not be deemed to be an infringement of the patentee’s rights unless the act is in respect of the
invention under the pending application already published under Section 28, the person so
acting knowing of the filing of the patent application or having been informed in writing that
a patent application has been filed for the invention, in which case the applicant shall be
entitled to damages from the infringer. A compliant for such damages shall be filed with the
court after the patent is granted.
36(16). No other person except the patentee shall have following rights:
(1) where the subject matter of a patent is a product, the right to produce, use, sell, have
in the possession for sale, after for sale or import the patented product;
(2) where the subject matter of a patent is a process, the right to use the patented
process, to produce, use, sell, have in the possession for sale, offer for sale or import the
product produced by the patented process.
The preceding paragraph shall not apply to:
(1) any act for the purpose of study, research, experimentation or analysis, provided
that it does not unreasonably conflict with a normal exploitation of the patent and do not
unreasonably prejudice the legitimate interests of the patent owner;
(2) the production of the patented product or use of the patented process, provided that
the producer or user, in good faith and without knowing or having no reasonable cause to
know about the patent application, has engaged in the production or has acquired the
equipment therefore prior to the date of filing of the patent application in Thailand,
Section 19bis not applicable hereto;
(3) the compounding of a drug specifically to fill a doctor’s prescription by a
professional pharmacist or medical practitioner, including any act done to such
pharmaceutical product;
(4) any act concerning an application for drug registration, the applicant intending to
produce, distribute or import the patented pharmaceutical product after the expiration of the
patent term;
(5) the use of a device forming the subject of a patent in the body of a vessel or other
accessories of a vessel of a country party to an international convention or agreement on
patent protection to which Thailand is also party, when such a vessel temporarily or
accidentally enters the waters of Thailand, provided that such a device is used there
exclusively for the needs of the vessel;YH
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(6) the use of a device forming the subject of a patent in the construction or other
accessories of an aircraft or a land vehicle of a country party to an international convention or
agreement on patent protection to which Thailand is also party, when such aircraft or land
vehicle temporarily or accidentally enters Thailand;
(7) the use, sale, having in possession for sale, offering for sale or importation of a
patented product when it has been produced or sold with the authorization or consent of the
patentee.
36bis(17). The scope of the rights of the patentee under Section 36 in respect of a
patented invention shall be determined by the claims. In determining the scope of the claimed
invention, the characteristics of the invention as indicated in the description and the drawings
shall be taken into account.
The scope of protection for a patented invention shall extend to the characteristics of the
invention which, although not specifically stated in the claims, in the view of a person of
ordinary skill in the pertinent art, have substantially the same properties, functions and effects
as those stated in the claims.
37(18). The patentee shall have the right to use the word “Thai Patent,” its abbreviation
or any foreign word of the same meaning on the product, the container or package of the
product, or in the advertisement of the product.
The indication under the first paragraph shall be accompanied by the patent number.
38. The patentee may authorize any other person, by granting a license, to exercise the
rights conferred to him under Sections 36 and 37, and may assign his patent to any other
person.
39. In granting a license under Section 38,
(1) the patentee shall not impose upon the licensee any condition, restriction or any
royalty term which is unjustifiably anti-competitive.
Conditions, restrictions or terms which is unjustifiably anti-competitive shall be
prescribed in the Ministerial Regulations;
(2) the patentee shall not require the licensee to pay royalties for the use of the patented
invention after the patent has expired in accordance with Section 35.
Conditions, restrictions or terms concerning royalties which are contrary to the
provisions of this Section are null and void.
40. Subject to Section 42, in the absence of any provision to the contrary between the
parties, a joint owner of a patent may, separately, exercise the rights conferred under
Sections 36 and 37 without the consent of the other joint owner, but he may grant a license or
assign the patent only when it is consented to all joint owners.YH
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41(19). The license contract and the assignment of a patent under Section 38 shall be in
writing and registered in compliance with the requirements and procedures prescribed by the
Ministerial Regulations.
If it appears to the Director-General that a clause in a license contract is contrary to the
provisions of Section 39, the Director-General shall submit such contract to the Board. If it is
held by the Board that the contract is contrary to the provisions of Section 39, the
Director-General shall refuse the registration of such contract, unless it may be assumed under
the circumstances of the case that the parties intended the valid part of the contract to be
severable from the invalid part. In the latter circumstances, the Director-General may order
the registration of the valid part of the contract.
42. The transfer of a patent by succession shall be in compliance with the rules and
procedures prescribed by the Ministerial Regulations.
Part IV
Annual Fees
43(20). A patentee shall pay annual fees as prescribed by the Ministerial Regulations
beginning the fifth year of the term of the patent. The payment of the fees shall be made
within sixty days following the beginning of the fifth year of the term of the patent and of
very year thereafter.
If a patent is granted after the beginning of the fifth year of the term of the patent, the
first annual fee shall be paid within sixty days following the grant of the patent.
If the patentee does not pay the annual fees within the period as prescribed in the first or
second paragraph, the patentee shall be liable to pay a surcharge of thirty percent of the
unpaid annual fee by paying the annual fee together with the surcharge within one hundred
and twenty days following the expiration of the payment period prescribed in the first or
second paragraph.
If the patentee fails to pay the annual fee and the surcharge within the period prescribed
in the third paragraph, the Director-General shall prepare a report to the Board for canceling
the patent.
If the patentee files within sixty days from the date of receipt of the cancellation order, a
request to the Board that the failure to pay the annual fee within the period prescribed in the
third paragraph and the surcharge was due to a cause of necessity, the Board may extend the
payment period or cancel the patent as they deem appropriate.
44(21). The patentee may request to pay all annual fees in advance by paying all of the
annual fees in one payment instead of paying annually. In cases where all of the annual fees
have been paid in advance by the patentee, and subsequently the list of the annual fees is
revised or the patent is surrendered or cancelled, the patentee shall not be obliged to pay for
any increase in the annual fees or shall not be entitled to refund the fees already paid by him.YH
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Part V
Licenses of Right Compulsory Licenses
and Government Use
45. Any patentee may, in accordance with the rules and procedures as prescribed in the
Ministerial Regulations, apply to the Director-General for an entry to be made in the register
to the effect that any other person may obtain a license.
At any time after an entry has been made, the Director-General shall grant a license
under the patent to any person who applies for such a license on such conditions, restrictions
and royalty terms as agreed upon by the patentee and the applicant. If the patentee and the
applicant cannot agree within the period as prescribed by the Director-General, the
Director-General shall grant a license on such conditions, restrictions and royalty terms as he
deems appropriate.
Any of the parties may appeal the decision of the Director-General made under the
preceding paragraph to the Board within thirty days from the receipt of the decision. The
decision of the Board shall be final.
The application for and grant of a license under the second paragraph shall comply with
the rules and procedures as described by the Ministerial Regulations.
Where an entry is made pursuant to the first paragraph, the annual fees in respect of the
patent after the date of the entry shall be reduced as prescribed by a Ministerial Regulations,
by at least one half of the annual fees which would be payable if the entry had not been made.
46(22). At any time after the expiration of three years from the grant of a patent or four
years from the date of application, whichever is later, any person may apply to the
Director-General for a license if it appears, at the time when such application is filed, that the
patentee unjustifiably fails to exercise his legitimate rights as follows:
(1) that the patented product has not been produced or the patented process has not
been applied in the country, without any legitimate reason; or
(2) that no product produced under the patent is sold in any domestic market, or that
such a product is sold but at unreasonably high prices or does not meet the public demand,
without any legitimate reason.
Whether it is an application under (1) or (2), the applicant for a license must show that
he has made an effort to obtain a license from the patentee having proposed conditions and
remuneration reasonably sufficient under the circumstances but unable to reach an agreement
within a reasonable period.
The application for a license shall comply with the rules and procedures prescribed in
the Ministerial Regulations.
47(23). If the working of any claim in a patent is likely to constitute an infringement of a
claim in a patent of any other person, the patentee, desiring to exploit his own patent, mayYH
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apply to the Director-General for a license under the patent of the other person under the
following criteria:
(1) the invention of the applicant involves an important technical advance of
considerable economic significance in relation to the invention for which the license is
applied;
(2) the patentee shall be entitled to a cross-license on reasonable terms;
(3) the applicant shall not assign his right in the license to other persons except with the
assignment of his patent.
The applicant for a license must show that he has made an effort to obtain a license
from the patentee having proposed conditions and remuneration reasonably sufficient under
the circumstances but unable to reach an agreement within a reasonable period.
The application for a license shall comply with the rules and procedures prescribed by
the Ministerial Regulations.
47bis(24). If the working of any claim in the patent having obtained a license under
Section 46 is likely to constitute an infringement of a claim in a patent of any other person,
the applicant for a license under Section 46 may apply to the Director-General for a license
under the patent of the other person under the following criteria:
(1) the invention of the applicant involves an important technical advance of
considerable economic significance in relation to the invention for which the license is
applied;
(2) the applicant shall not assign his right in the license to other persons.
The applicant for a license must show that he has made an effort to obtain a license
from the patentee having purposed conditions and remuneration reasonably sufficient under
the circumstances but unable to reach an agreement within a reasonable period.
The application for a license shall comply with the rules and procedure prescribed by
the Ministerial Regulations.
48(25). Where a compulsory license is granted under Section 46, 47 or 47bis , the
patentee shall be entitled to remuneration.
The licensee under Section 38 shall be entitled to remuneration where a compulsory
license is granted under 46, 47 or 47bis, provided that he has the exclusive right to grant
licenses to other persons. In such circumstances, the patentee shall not be entitled to such
remuneration.
49(26). In an application for a license made under Section 46, 47 or 47bis, the applicant
shall set forth the amount of remuneration, the conditions for the exploitation of the patent
and the restrictions on the rights of the patentee and the exclusive licensee under paragraph 2
of Section 48, and a request for a license. In the application for a license under Section 47,
the applicant shall also offer a license under his patent to the other party.YH
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Where an application for a license is filed pursuant to Section 46, 47 or 47bis, the
competent officer shall notify the applicant the patentee and the exclusive licensee under
paragraph 2 of Section 48 of the date on which the application shall be considered. The
patentee and the exclusive licensee shall be furnished with a copy of the application.
In the consideration of an application for a license under the preceding paragraph, the
competent officer may require the applicant, the patentee or the exclusive licensee under
paragraph 2 of Section 48 to appear before him to give any statement, or to hand over to him
any document or any other item. When the application has been considered by the competent
officer and the Director-General has made his decision, the applicant, the patentee and the
exclusive licensee shall be notified of the decision.
The decision of the Director-General made under the preceding paragraph is appealable
to the Board within sixty days of receipt of the notice.
50(27). Where it is decided by the Director-General that a license shall be granted to the
applicant under Section 46, 46bis or 47, the Director-General shall set forth the royalty and
the conditions for the exploitation of the patent and the restrictions on the rights of the
patentee and the exclusive licensee under Section 48 paragraph 2 as agreed upon by the
patentee and the applicant. If no agreement has been reached by the parties within the period
prescribed by the Director-General, the Director-General shall fix the royalty and prescribed
the conditions and restriction as he deems appropriate subject to the following requirements:
(1) the scope and duration of the license shall not be more than necessary under the
circumstances;
(2) the patentee shall be entitled to further license others;
(3) the license shall not be entitled to assign the license to others, except with that part
of the enterprise or goodwill particularly of the part under the license;
(4) the licensing shall be aimed predominantly for the supply of the domestic market;
(5) the remuneration fixed shall be adequate for the circumstances of the case.
The decision of the Director-General made under the first paragraph of the Section is
appealable to the Board within sixty days from the date on which such decision is received.
The issuance of a licensing certificate shall comply with the form, rules and procedures
prescribed in the Ministerial Regulations.
50bis(28). A license issued under Section 46 may be terminated if and when the
circumstances which led to it cease to exist and are unlikely to recur provided that the
termination does not affect the rights or interests of the licensee under the license.
The application for termination of a license under the first paragraph shall be in
accordance with the forms, rules and procedures prescribed in the Ministerial Regulations, the
provisions of Section 49 paragraphs two and three and Section 50 applying mutatis mutandis.YH
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51(29). In order to carry out any service for public consumption or which is of vital
importance to the defense of the country or for the preservation or realization of natural
resources or the environment or to prevent or relieve a severe shortage of food, drugs or other
consumption items or for any other public service, any ministry, bureau or department of the
Government may, by themselves or through others, exercise any right under Section 36 by
paying a royalty to the patentee or his exclusive licensee under paragraph 2 of Section 48 and
shall notify the patentee in writing without delay, notwithstanding the provisions of
Sections 46, 46bis and 47.
In the circumstances under the above paragraph, the ministry or bureau or department
shall submit its offer setting forth the amount of remuneration and conditions for the
exploitation to the Director-General. The royalty rate shall be as agreed upon by the ministry
or bureau or department and the patentee or his licensee, and the provisions of Section 50
shall apply mutatis mutandis.
52(30). During a state of war or emergency, the Prime Minister, with the approval of the
Cabinet, shall have the power to issue an order to exercise any right under any patent
necessary for the defense and security of the country by paying a fair remuneration to the
patentee and shall notify the patentee in writing without delay.
The patentee may appeal the order or the amount of remuneration to the court within
sixty days from the receipt of the order.
Part VI
Surrender of Patent or
Claims and Cancellation of Patent
53(31). Any patentee may surrender his patent or any claim or claims there of in
accordance with the rules and procedures prescribed in the Ministerial Regulations.
In order to surrender a patent or any claims under the preceding paragraph, if the patent
is jointly owned by two or more persons, the surrender shall be made with the consent of all
patentees. If licenses have been granted under Section 38, 45, 46, 47 or 47bis such surrender
shall be made with the consent of all licensees.
54. Any patent granted not in compliance with the provisions of Section 5, 9, 10, 11 or
Section 14 shall be invalid.
The invalidity of a patent may be challenged by any person. A petition to cancel an
invalid patent may be submitted to the Court by any interested person or the public
prosecutor.
55(32). The Director-General may request the Board to cancel a patent in any of the
following circumstances:
(1) when a license has been issued under Section 50 and a period of two years has
lapsed from the date of issuance of the license, the patentee, the licensee of the patentee or the
holder of the license fails to produce the patented product or use the patented process withoutYH
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any legitimate reason, or no patented product or product derived from the patented process is
sold or imported into the country or such a product is hold at unreasonably high price, and the
Director-General thinks that there is a good cause to cancel the patent;
(2) the patentee has licensed another person to use the rights contrary to the provisions
of Section 41.
Before requesting the Board to cancel a patent, the Director-General shall order an
investigation to be held, and notify the patentee and licensees of the order so that they may be
given an opportunity to submit their statements. The submission of the statements shall be
made within sixty days from the receipt of the order. The Director-General may require any
person to appear before him to answer any question or to hand over any document or any
other item to him.
After the investigation and where it appears that there is good ground to cancel the
patent, the Director-General shall submit his report of the investigation to the Board to cancel
the patent.
Chapter III
Patents for Designs
56. A patent may be granted under this Act for a new design for industry, including
handicrafts.
57. The following designs are not new:—
(1) a design which was widely known or used by others in this country before the filing
of the application for a patent;
(2) a design which was disclosed or described in a document or a printed publication in
this or a foreign country before the filing of the application for a patent;
(3) a design which was published under Section 65 and Section 28 before the filing of
the application for a patent;
(4) any design so nearly resembling any of the designs prescribed in (1), (2) or (3) as to
be an imitation.
58. The following are unpatentable:—
(1) designs that are contrary to public order or morality;
(2) designs prescribed by a Royal Decree.
59. The application for a patent shall comply with the requirements and procedures as
prescribed by the Ministerial Regulations.
Every application for a patent shall contain:—
(1) a representation of the design;YH
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(2) an indication of the product for which the design is to be used;
(3) a clear and concise claim;
(4) other items prescribed in the Ministerial Regulations.
60. An application for a patent shall relate to a design to be used with only one product.
A list of products shall be prescribed by the Ministerial and published in the
Government Gazette.
60bis(33). A person under Section 14 who has filed a patent application for a design in a
foreign country may claim the first foreign filing date as the filing date in the country if the
application is filed in the country within six months following the first filing date in the
foreign country.
61. When an application is published under Sections 65 and 28, but before the
registration of and grant of a patent for the design, if it appears that the application does not
comply with the provisions of Section 56, 57 or Sections 65 and 10, 11 and 14, the
Director-General shall reject the application. The competent officer shall notify the applicant
and the opposing party under Sections 65 and 31 of that decision, and a copy of the decision
shall be displayed at the place where the application is filed.
Where the Director-General rejects an application and the application is opposed under
Section 65 and Section 31, the Director-General shall proceed to consider the opposition in
accordance with Section 65 and Section 32.
62(34). A design patent shall have a term of ten years from the date of filing of the
application in the country.
The term of a patent shall not include the period during which the court proceedings are
taken under Section 65 and Section 16 or 74.
62bis(35). Any act in violation of Section 63 committed before a grant of a patent shall
not be deemed to be an infringement of the patentee’s rights unless the act is in respect of the
design under the pending application already published under Section 65 and Section 28, the
person so acting knowing of the filing of the patent application or having been informed in
writing that a patent application has been filed for the design, in which case the applicant shall
be entitled to damages from the infringer. A compliant for such damages shall be filed with
the court after the patent is granted.
63(36). No other person except the patentee shall have the right to use the patented
design in the manufacture of a product or to sell, have in possession for sale, offer for sale or
import a product, embodying the patented design, except the use of the design for the purpose
of study or research.
64. Any patent granted which is not in compliance with the provisions of Section 56,
58 or 65 and Sections 10, 11 and 14 shall be invalid.YH
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The validity of a patent may be challenged by any person. A petition to cancel an
invalid patent may be submitted to the Court by any person who has an interest in the patent
or by the public prosecutor:
65. The provisions of Sections 10, 11, 12, 13, 14, 15, 16, 19, 20, 21, 22, 27, 28, 29, 31,
32, 33, 34, 37, 38, 39, 40, 41, 42, 43, 44, and 53 in Chapter II concerning patents for
inventions shall apply, mutatis mutandis, to patents for designs in Chapter III.
Chapter IIIbis
Petty Patents
65bis. A petty patent may be granted for an invention in respect of which the following
conditions are satisfied:
(1) the invention is new;
(2) it is capable of industrial application.
65ter. No person shall apply for both a petty patent and a patent for the same invention.
65quarter. The applicant for a petty patent or the applicant for an invention patent may
request to convert his application for a petty patent to an application for an invention patent or
an application for an invention patent to an application for a petty patent before the
registration of the invention and the grant of the petty patent or before the publication of the
application under Section 28, as the case may be. The applicant may claim the date of filing
of the original application to be the filing date of the converted application in accordance with
the rules and procedures prescribed in the Ministerial Regulations.
65quinquies. Before the registration of an invention and grant of a petty patent, the
competent officer shall examine the application for a petty patent as to its conformity with
Sections 65decies and 17 and examine that the claimed invention is protectible under
Sections 65decies and 9 and submit a report to the Director-General.
If it is seen by Director-General that the application for a petty patent does not comply
with Sections 65decies and 17 or the claimed invention is not protectible under
Sections 65decies and 9, the Director-General shall refuse the grant of a petty patent. The
competent officer shall notify the applicant of such decision, by an acknowledgement
registered mail or by any other method prescribed by the Director-General, within fifteen days
from the date of the decision.
If it is seen by the Director-General that the application for a petty patent is in
compliance with Sections 65decies and 17 and the claimed invention is protectible under
Sections 65decies and 9, the Director-General shall order that the invention is to be registered
and a petty patent granted to the applicant. The competent officer shall notify the applicant to
pay for the fees for the grant of a petty patent and for the publication in accordance with the
procedures and period of time prescribed in Sections 65decies and 28 (2).
The petty patent shall be in the form prescribed by the Ministerial Regulations.YH
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65sexies. Within one year from the publication of the registration of the invention and
the grant of a petty patent, any interested person may request the competent officer to
examine whether or not the invention for which a petty patent has been granted satisfies the
conditions under Section 65bis.
After the receipt of the request under the first paragraph, the competent officer shall
examine the application as to substance and submit the examination report to the
Director-General.
When the Director-General has considered the examination report and thinks that the
invention satisfies the conditions under Section 65bis, he shall so inform the person
requesting for the examination and the owner of the petty patent within fifteen days from the
date of such decision.
In cases where the Director-General thinks that the invention does not satisfy the
conditions under Section 65bis, he shall order an examination of the case and notify the owner
of the petty patent to submit a statement supporting his application within sixty days from the
date of receipt of the order. The Director-General may summon any person to answer any
question or to hand over to him any document or item. After the examination of the case if
the Director-General thinks that the invention does not satisfy the conditions under
Section 65bis, he shall submit his report to the Board to cancel the petty patent and shall
notify the person requesting for the examination and the owner of the petty patent within
fifteen days from the date on which the order is made by the Board.
65septies. A petty patent shall have a term of six years from the date of filing of the
application in the country. The term shall not include the period during which the court
proceedings are taken under Sections 65decies and 16, 74 or 77sexies.
The owner of a petty patent may request that the term of his petty patent be extended for
two periods, each period shall be valid for two years, by submitting a request to the competent
officer within ninety days before the expiry date. If the request is submitted within the said
period, the petty patent shall be regarded as validly registered until it is otherwise ordered by
the competent officer.
The request for extension of the term of a petty patent shall be in accordance with the
rules and procedures prescribed by the Director-General.
65octies. The owner of a petty patent shall have the right to use the word “Thai Petty
Patent”, its abbreviation or any foreign word of the same meaning on the product, the
container or package of the product, or in the advertisement of the product.
The indication under the first paragraph shall be accompanied by the number of the
petty patent.
65novies. Any petty patent granted not in compliance with the provisions of
Sections 65bis, 65decies and Section 9, 10, 11 or 14, shall be invalid.YH
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The invalidity of a petty patent under the first paragraph may be challenged by any
person. A petition to cancel an invalid patent may be submitted to the court by any interested
person or the public prosecutor.
65decies. The provisions of Sections 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,
19bis, 20, 21, 22, 23, 25, 26, 27, 28, 35bis, 36, 36bis, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47,
47bis, 48, 49, 50, 50bis, 51, 52, 53, and 55 in Chapter II concerning patents for inventions
shall apply, mutatis mutandis, to Chapter IIIbis concerning petty patents.
Chapter IV
Board of Patents
66(37). There shall be a “Board of patents” composed of the Under-Secretary of State for
Commerce as Chairman, and not more than twelve qualified members in the fields of science,
engineering, industry, industrial design, agriculture, pharmacy, economics and law appointed
by the Cabinet. At least six qualified members shall be from the private sector.
The Board may appoint any person to act as Secretary and as Assistant Secretary.
67. The members of the Board appointed by the Cabinet shall hold office for a term of
two years.
When a member of the Board vacated his offices before the expiration in the term of
office or more members are appointed by the Cabinet where the term of office of the existing
appointed members has not expired, the newly appointed members shall remain in office only
for the term of office of the incumbent.
A member whose term of office has expired may be reappointed by the Cabinet.
68. A member appointed by the Cabinet vacates his office upon:—
(1) death;
(2) resignation;
(3) being discharged by the Cabinet;
(4) becoming bankrupt;
(5) becoming an incompetent or a quasi-incompetent person; or
(6) being imprisoned under a final judgement, except for a petty offense or an offense
committed through negligence.
69. At every meeting of the Board, there must be in attendance of not less than one half
of the total number in order to constitute a quorum. If the chairman is absent from any
meeting, the Board shall elect one of its members to preside over the meeting.
Any decision of the meeting shall be taken by a majority of votes.YH
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In voting, each member shall have one vote. In case of equality of votes, the presiding
chairman shall have one additional vote as the casing vote.
70(38). The Board shall have the following powers and duties:—
(1) to give advice or consultation to the Minister in issuing the Royal Decrees and
Ministerial Regulations under this Act;
(2) to decide any appeal made against any order or decision of the Director-General on
patents or petty patents under Sections 41, 45, 49, 50, 55, 65sexies or Section 65decies and
Section 72;
(3) to act on other matters as stipulated in this Act;
(4) to consider any other matter on patents or petty patents as assigned by the Minister.
71. The Board shall have the power to appoint subcommittees to consider and advise
the Board. The provisions of Section 69 shall apply, mutatis mutandis, to the meeting of
subcommittees.
72(39). Where an order or a decision is made by the Director-General under Sections 12,
15, 28, 30, 34, 49, 50 or Section 61, or Section 65 and Section 12, 15, 28, 33, or 34 and
Section 65quinquies or 65sexies or 65decies and Section 12, 15, 49 or 50, any interested
person under the said Section may make an appeal to the Board within sixty days following
the receipt of such order or decision. If he fails to do so within such period, the order or
decision of the Director-General shall be final.
An appeal under the preceding paragraph must be submitted to the competent officer. If
there are two parties, a copy of the appeal must be sent to the other party.
73(40). In considering an appeal against the order or decision of the Director-General or
a report of the Director-General made under Section 55 or 65sexies or a report of the
Director-General under Section 43 or 65decies and Section 43 suggesting a cancellation of
patent or a petty patent, the Board may require the opposing party, the applicant, the patentee,
the owner of a petty patent, the applicant for examination of a petty patent, or the licensee, as
the case may be, to submit any evidence or additional statement in accordance with the rules
prescribed by the Board.
74(41). Where a decision or an order is made by the Board under Section 41, 43, 49, 50,
55 or 65sexies, 65decies and Section 41, 43, 49, 50, 55 or 72, the appellant and the other
party, the patentee, the owner of a petty patent or the licensee, as the case may be, shall be
notified of such decision or order. Any party dissatisfied with the decision or order may
appeal to the Court within sixty days from the receipt of such notification. If he fails to do so,
the decision of the Board shall be final.
In considering or giving a judgement under this Act, the Court shall not order the Board
or the Director-General to pay for any fee on behalf of the other party.YH
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Chapter V
Miscellaneous
75(42). No person without the rights under this Act shall use the words “Thai Patent”,
“Thai Petty Patent” or its abbreviation or foreign words of the same meaning on any product,
container or package of a product or in advertising any invention or design.
76(43). No person except a person who has filed an application for a patent or a petty
patent that is pending, shall use the words “Patent Pending”, “Petty Patent Pending” or any
other word of a same meaning on any product, container or package of a product or in
advertising any invention or design.
77(44). In a civil case in respect of the infringement of the rights of the owner of the
owner of a patent or petty patent where the subject matter of the patent or petty patent is a
process for obtaining a product, if the owner of the patent or petty patent can prove that the
defendant’s product is identical or similar to the product obtained by the process under the
patent or petty patent, it shall be presumed that the defendant has used the process under the
patent or petty patent unless the defendant can prove otherwise.
77bis(45). In case there is clear evidence that any person is committing or about to
commit any act in infringement of the rights of the owner of a patent or petty patent under
Section 36, 63 or Sections 65decies and 36, the owner of the patent or petty patent may
request the court to order the person to stop or refrain from committing such infringement.
The order of the court shall not deprive the owner of the patent or petty patent to claim
damages under Section 77ter.
77ter(46). In case of an infringement of the rights of the owner of a patent or petty patent
under Section 36, 63 or Sections 65decies and 36, the court shall have the power to order the
infringer to pay the owner of the patent or petty patent damages in an amount deemed
appropriate by the court, taking into consideration the gravity of the injury including the loss
of benefits and expenses necessary to enforce the rights of the owner of the patent or petty
patent.
77quarter(47). All goods in the possession of the infringer which infringe the rights of
the owner of a patent or petty patent under Section 36, 63 or Sections 65decies and 36 shall be
confiscated. If the court thinks fit, it may order the destruction of the goods or other measures
to prevent further distribution of the goods.
77quinquies(48). Any person who applies and jointly applies for both a patent and a
petty patent for the same invention not in compliance with Section 65ter shall be deemed to
have applied for a petty patent.
77sexies(49). If two or more persons have separately or independently made the same
invention and one of them has made an application for a patent while the other person has
applied for a petty patent:
(1) the applicant who is the first to file for a patent or petty patent shall be entitled to a
patent or petty patent;YH
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(2) if the applications for a patent and petty patent have been filed on the same date, the
competent officer shall notify the applicants to agree whether the grant should be made to one
of them or all of them jointly and whether it should be an application for a patent or petty
patent. If no agreement is reached within the period prescribed by the Director-General, they
may bring the case to the Court within ninety days to do so within such period, they shall be
deemed to have abandoned their applications.
77septies(50). Within ninety days following the date of publication under Section 28 or
the date of publication of the registration of an invention and the grant of a petty patent for
any invention, the applicant for a petty patent, the owner of a petty patent, the applicant for a
patent or the patentee who thinks that the registration of the invention and the grant of the
patent or petty patent may not be in conformity with the provisions of Section 65ter for the
reason that the invention is the same invention belonging to him and he has applied for a petty
patent or a patent on the same date on which such application for a patent or a patent was filed
may request the competent officer to examine whether or not such application for a patent or a
petty patent is in compliance with the provisions of Section 65ter.
After the receipt of the request under the first paragraph, the competent officer shall
make the examination and submit his examination report to the Director-General.
When the Director-General has considered the examination report under the second
paragraph and sees that the registration of the invention and the grant of a patent or a petty
patent is not in compliance with the provisions of Section 65ter due to the fact that it is the
same invention and the application for a patent or a petty patent was filed on the same date
with the date of application of the person requesting for the examination, the Director-General
shall notify the applicant for a patent or the owner of the petty patent and the person
requesting for the examination to agree on the person who would solely have the rights in the
invention or they would jointly hold the rights. If no agreement is reached within the period
prescribed by the Director-General, they shall be regarded as jointly holding the rights in the
invention.
77octies(51). Any patent or petty patent granted not in compliance with the provisions of
Section 65ter shall be invalid.
The invalidity under the first paragraph may be challenged by any person.
If the registration of an invention and the grant of a patent or petty patent is not in
compliance with the provisions of Section 65ter and the application for a patent and a petty
patent for the invention were filed on the same date, the patentee, the owner of the petty
patent, any other interested person or the public prosecutor may request the Director-General
to notify the patentee and the owner of the petty patent to agree that the invention is to be the
subject of either a patent or a petty patent. If no agreement is reached within the period
prescribed by the Director-General, the patentee and the owner of the petty patent shall be
regarded as the joint owners and the invention is the subject of a petty patent.
78(52). The owner of a patent, a petty patent or a licensing certificate may apply for a
substitute thereof in accordance with the requirements and procedures as prescribed in theYH
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Ministerial Regulations if the patent, petty patent or certificate is lost or substantially
damaged.
79. All applications, oppositions, answers to oppositions and appeals made under this
Act shall be in the forms and in the required number of copies as prescribed by
Director-General.
80(53). A fee as prescribed by the Ministerial Regulations shall be paid for each
application for a patent, an application for a petty patent, the publication of an application for
a patent, request for examination of patent, opposition to the grant of a patent, patent,
application for the registration of a license contract, application for the assignment of a patent,
or petty patent, application for conversion of a patent or a petty patent, application for the
extension of the term of a petty patent, application for an entry to be made in a patent or petty
patent that any person may apply for a license under the patent or petty patent, application for
a license, a licensing certificate, appeal against an order or a decision of the Director-General,
duplicate of a patent or a patent or a licensing certificate, any other request or application and
the making or a copy of any document and certification of any document.
Chapter VI
Offenses
81(54). Any official who violates Section 21 or Section 23 paragraph two or Sections 65
and 21 or Sections 65decies and 21 or 23 paragraph two of this Act shall be punished with
imprisonment not exceeding two years or a fine not exceeding two hundred thousand baht or
both.
82(55). Any person who violates Section 22 or Sections 65 and 27 or Sections 65decies
and 22 punished with imprisonment not exceeding six months or a fine not exceeding twenty
thousand baht or both.
83(56). Any person who violates Section 23 paragraph two or Sections 65decies and 23
paragraph two of this act shall be punished with imprisonment not exceeding one year or a
fine not exceeding fifty thousand baht or both.
84. Any person who violates Section 75 or Section 76 of this Act shall be punished
with imprisonment not exceeding one year or a fine not exceeding two hundred thousand baht
or both.
85(57). Any person who commits any act under Section 36 or 63 without the permission
of the patentee shall be punished with imprisonment not exceeding two years or a fine not
exceeding four hundred thousand baht or both.
86(58). Any person who commits any Act under Sections 65decies and 36 without the
permission of the owner of a petty patent shall be punished with imprisonment not exceeding
one year or a fine not exceeding two hundred thousand baht or both.YH
Collection of Laws for Electronic Access
THAILAND
TH007EN Patents, Act (Consolidation), 11/03/1979-2522 (1999-2542), (No. 3) page 26/27
87(59). Any person, in order to obtain a patent, applies for a patent for an invention or
design or a petty patent, presents or gives a false statement shall be punished with
imprisonment not exceeding six months or a fine not exceeding five thousand baht or both.
88. Where an offender punishable under this Act is a juristic person, the persons in
charge or representatives of the juristic person, except those who can prove that such offense
was committed without their knowledge or consent, shall also be liable to the penalties
prescribed by law for the offence.
List of the maximum Fees
Baht
(1) An application for a patent.............................................................................
1,000
(2) Applications for design patents for the same design which are
filed at the same time in a number of ten or more applications .....................
10,000
(3) Publication of a patent application.................................................................
500
(4) A request for patent examination ...................................................................
500
(5) An opposition to a patent application.............................................................
1,000
(6) A patent or petty patent ..................................................................................
1,000
(7) Annual fees for invention patents:
fifth year .........................................................................................................
2,000
sixth year ........................................................................................................
4,000
seventh year....................................................................................................
6,000
eighth year......................................................................................................
8,000
ninth year........................................................................................................
10,000
tenth year........................................................................................................
12,000
eleventh year ..................................................................................................
14,000
twelfth year.....................................................................................................
16,000
thirteenth year.................................................................................................
18,000
fourteenth year................................................................................................
20,000
fifteenth year ..................................................................................................
30,000
sixteenth year..................................................................................................
40,000
seventeenth year .............................................................................................
50,000
eighteenth year ...............................................................................................
60,000
nineteenth year ...............................................................................................
70,000
twentieth year .................................................................................................
80,000
or payment of all annual fees in one payment................................................
400,000
(8) Annual fees for design patents:
fifth year .........................................................................................................
1,000
sixth year ........................................................................................................
2,000YH
Collection of Laws for Electronic Access
THAILAND
TH007EN Patents, Act (Consolidation), 11/03/1979-2522 (1999-2542), (No. 3) page 27/27
Baht
seventh year....................................................................................................
3,000
eighth year......................................................................................................
4,000
ninth year........................................................................................................
5,000
tenth year........................................................................................................
6,000
or payment of all annual fees in one payment................................................
20,000
(9) Annual fees for petty patents:
Fifth year ........................................................................................................
2,000
Sixth year........................................................................................................
4,000
or payment of all annual fees in one payment................................................
6,000
(10)Fees for the extension of the term of petty patents:
First extension ................................................................................................
14,000
second extension ............................................................................................
22,000
(11)An application for the registration of a license ..............................................
500
(12)An application to record the assignment of a patent or petty
patent ..............................................................................................................
500
(13)An application for conversion of a patent or petty patent..............................
500
(14)A licensing certificate.....................................................................................
1,000
(15)A substitute of a patent, petty patent or licensing certificate .........................
100
(16)An appeal against an order or decision of the
Director-General.............................................................................................
1,000
(17)Copies of documents, each page ....................................................................
10
(18)Certifying copies of documents
of more than ten pages, each page..................................................................
100
of not more than ten pages, each page ...........................................................
10
(19)Any other application.....................................................................................
100
(1) published in the Government Gazette Vol. 96, Part 35 on March 16, 1979
(2), (6), (7), (9) to (12), (14), (16), (20) to (31) & (33) to (59): as revised by the Patent Act (No. 3) B.E. 2542
(3), (4), & (32): as revised by the Patent Act (No. 2) B.E. 2535 and the Patent Act (No. 3) B.E. 2542
(5), (8), (13), (15), (17) to (19): as revised by the Patent Act (No. 2) B.E. 2535
