Permission to use the design patent

         1. The contract of permission to use the patent is the contract with which the grantor grants the specific right to the receiver, such as right to use the registered product. The permission shall not exceed the protection period of 10 years, starting from the registration application submission date. The receiver shall pay the yearly royalty until the latest required amount. Without the yearly royalty payment, the transfer shall not be proceeded.

         - In case documentary evidence supporting the application is incomplete, the official shall issue a notification to the applicant or his patent agent/patent attorney to submit the additional documentary evidence to the Department of Intellectual Property.

         - If the transferee does not pay the latest required amount of the yearly royalty, the official shall issue the notification to the transferee that the transfer cannot be proceeded without the yearly royalty payment.

         - If the transferee does not pay the royalty for the 5-10^th year, the official shall issue the notification to the transferee that the transfer cannot be proceeded due to the revocation following lack of fee payment.

         2. The grantor shall file the application form together with al  documentary evidences and the fee for 250 Baht at the Service and Registration Application Examination Division, on the 3^rd Floor, the Department of Intellectual Property, or the provincial office of the Ministry of Commerce in the province where the grantor resides.

Notes:

1.  The working process starts after the examination of the documents is completed, as specified in the manual of the public service.

2.  In case the application or documentary evidence is not correct or incomplete, the official shall record the defect of the document or indicate the required additional documentary evidence (Record of conditions on application reception). The applicant shall correct the document and/or submit the additional document within 90 days of the application submission date. If the applicant fails to submit all additional documents within the specific period of time, the applicant shall be deemed to have abandoned the application for patent. The official shall return the application to the applicant and inform the reason of the return and his appeal right.

3.  Any person fee paid to the Department of Intellectual Property shall not be refunded in all cases, except (1) The law stipulates that the fee must be refunded, or (2) The applicant double-paid or overpaid the fee, by which the faulty payment resulted from the mistake of the state official, not the payer. In this regard, the Department of Intellectual Property shall consider the refund case by case.

4.  In case the applicant is required to submit many additional documentary evidences, the applicant shall submit all additional documentary evidences in the same time.

5.  In case the applicant submits the copy of the documentary evidence, the applicant shall certify the copy of the documentary evidence.

6.  In case the applicant submits the document in foreign language, the applicant shall submit the document with Thai translation and the correct translation certification of the translator.

7.  In case the applicant (application owner) or the authorized patent agent/patent attorney does not file the application by himself, and granted power to the other person to file the application, the application submitter shall present a sub power of attorney or temporary power of attorney, so that he is eligible to file the application and sign in the record of conditions on application reception. If it appears that the application and the documentary evidence is not correct or incomplete, and the application submitter is not authorized to sign on the said record, the official shall not receive the application.

8.  In case the applicant submits the application for the design patent, request, or other applications via internet, and it appears that the application is not correct or in complete and the official cannot consider the application, then the applicant shall submit the additional document in the same period when the application for the design patent, request, or other application is submitted via internet to the Department of Intellectual Property (i.e. within 15 days of reception date of application number and the application submission date). The official shall inform the examination result via e-mail which the applicant provided in the following working day.

Relevant laws

• The Patent Act (B.E. 2522) as amended by the Patent Act (No. 2) (B.E. 2535) and the Patent Act (No. 3) (B.E. 2542).