International invention patent registration (Patent Cooperation Treaty-PCT) Definition

Patent means an important document issued for grant protection for an invention.

Officer means officers according to the Administrative Procedure Act.

Permission means prerequisite permission from officers prior to conducting any action as prescribed by laws. This shall include license issuance, registration approval, registration, notification reception, concession card issuance and survey permission card issuance.

Permission grantor means persons authorized by laws to grant permission.

Official means person appointed by the Minister to operate

Application means the following applications;

*Request for grant of patent (Form 001-Kor (PCT))

*Application for record of the consent to allow other person to use the patent/petty patent (Form 002-Kor)

*Request for amending or request for amendment of decision by applicant (Form 003-Kor)

*Request to convert application for patent into application for petty patent or vice versa (Form 004-Kor)

*Request for substantive examination (Form 005-Kor)

*Request for search of patent/petty patent application and transcription  (Form 006-Kor)

*Request for opposition of patent application (Form 007-Kor)

*Request to introduce additional evidence or make any additional statement in considering the opposition (Form 007-Kor (Phor))

*Request for filing the counterstatement (Form 008-Kor)

*Request to appeal patent application (Form 009-Kor)

*Request for payment of annual fee/all-in-one fee/renewal fee of patent/petty patent (Form 010-Kor)

*Miscellaneous forms/other forms (Form 011-Kor)

Service receiver or applicantmeans people who directly receive service or a governmental or private agency which receives service from a governmental agency.

Consideration criteria

1. Invention applied for the patent shall be characterized as follows;

1.1 The invention shall be a new creation.

1.2 The invention involves inventive step.

1.3 The invention is industrially applicable.

1.4 The following inventions shall not be protected by the Patent Act.

(1)  Microorganisms and any components of the microorganisms naturally-existing in animals, plants or extracts from animals or plants.

(2)  Scientific or mathematical principles and theories.

(3)  Data system for an operation of a computer (computer programs);

(4)  Method of diagnosis, treatment or cure of human diseases or animal diseases;

(5)  Inventions contrary to public order, morality, health or welfare;

2. To apply for a patent, the applicant shall submit supporting documents as follows;

2.1  Application form 001-Kor (PCT)

2.2  Invention details. The invention shall be described in details completely, concisely and clearly, with which any person ordinarily skilled in the relevant technical field can create such invention. The details shall cover the followings;

(1)  Title of the invention

(2)  Technical Field.

(3)  Background Art

(4)  Describe features and objectives of the invention

(5)  Completely disclosure of invention

(6)  Brief description of drawing (if any)

(7)  Best mode for carrying out the invention

2.3  Claim

2.4  Drawing  (if any)

2.5  Abstract

2.6  Other documents stipulated in the Ministerial Regulation No. 21

2.7  Supporting documents stipulated in item 14 of 001-Kor

Conditions of application submission

1. To receive a patent, the applicant shall submit the request form as determined by the Director-General.

1.1    The request for grant of patent shall be accompanied with invention details, claim and summary of invention. If necessary, the applicant shall provide drawing(s) as supporting documents of the application for the better understanding of the invention.

1.2    If the invention applied for the patent is involved with a new microorganism, the invention details shall mean the certificate of bio-organism deposit and/or document describing its features or properties issued by an institution for bio-organism deposit. In this regard, the Department of Intellectual Property shall announce the list of institutions from time to time.

2. Authorization

2.1 In case the applicant of the request for grant of patent does not reside in the Kingdom of Thailand, he shall authorize the patent agent/patent attorney registered with the Director-General of the Department of Intellectual Property to act on his behalf. In this regard, the power of attorney shall be presented to the Director-General in accordance with the following regulations;

(1)      If the authorization is done outside the Kingdom of Thailand, the signatures in the authorization letter or power of attorney shall be certified by the authorized official of the Thai embassy or consulate or Director of the office of the Ministry of Commerce located in the country where the principal or power grantor resides, or the person authorized to act on behalf of the said officials or the person authorized to certify the signature according to the law in that country, or

(2)      In case the authorization is done in the Kingdom of Thailand, the applicant shall submit a copy of passport or temporary residence certificate of the principal or power grantor, or any evidence indicating that at the time the authorization was made, the principal or power grantor was in Thailand.

2.2 The Power of Attorney shall be attached with the revenue stamp of 30 Baht/patent agent/patent attorney/application.

Proceeding according to the official’s instruction

1.    In case that the official finds a correctable defect in the application, the official shall notify the applicant or his patent agent/patent attorney for the amendment. The applicant shall finish the correction within 90 days from the notification reception date. After such period, without the correction of the applicant shall be deemed to have abandoned the application for patent according to Section 27, except the Director-General extends the period for correction as deemed appropriate due to any necessity.

2.    After the applicant amended the application, the applicant shall submit the correction application and the fee to the Department of Intellectual Property or the provincial office of the Ministry of Commerce. A request for amendments of application shall enter the consideration and preliminary examination processes respectively, similarly to the re-submission of the application.

3.    In case of application submission via the website or internet/E-patent filing system of the Department of Intellectual Property, the inspecting official shall check the completeness of information and details in the patent/petty patent application, request or other applications based on information and details appearing in the e-patent filing system. In this regard, the applicant shall present the application and supporting documents to the Department of Intellectual Property within 15 days of application number reception date and patent/petty patent application filing date via internet. The inspection of application submitted via internet shall be in accordance with the Notification of the Department of Intellectual Property Re: Principles and conditions for submission of patent/petty patent application, requests or other applications via internet.

Notes:

1.  The working process starts after the inspection 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 filing 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 submit the application by himself, and granted power to the other person to submit the application, the application submitter shall present a sub power of attorney or temporary power of attorney, so that he is eligible to submit 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.  The working period does not include the time period when the applicant follows the official’s instruction for patent examination (officer actions) or corrects the application during the amendment of the application by the applicant, the period of temporary suspension of registration, the period of submission of examination reports or search reports from any foreign or international patent office or organization, and the period of the invention inspection for 5 years starting from the publication date.

9.  Opposition/Argument

In case an opposition is raised, as the objector claims the better right to receive the patent, or claims that the patent application is unlawful, the working period shall expand for another 420 days.

10.  The applicant is entitled to convert application to change the protection category of patent/petty patent prior to registration of the invention or prior to the publication of patent application according to Section 28, as the case may be. In this regard, the date of request for change of protection category is deemed as the first day.

Relevant laws

1.  The Ministerial Regulation No.21 (B.E. 2542) issued by virtue of the Patent Act B.E. 2522 (Dated 24 September 1999).
2.  The Ministerial Regulation No.22 (B.E. 2542) issued by virtue of the Patent Act B.E. 2522 (Dated 24 September 1999).
3.  The Ministerial Regulation No.24 (B.E. 2542) issued by virtue of the Patent Act B.E. 2522 (Dated 24 September 1999).
4.  The Ministerial Regulation No.25 (B.E. 2542) issued by virtue of the Patent Act B.E. 2522 (Dated 24 September 1999).
5.  The Ministerial Regulation No.26 (B.E. 2542) issued by virtue of the Patent Act B.E. 2522 (Dated 24 September 1999).
6.  The Ministerial Regulation No.27 (B.E. 2542) issued by virtue of the Patent Act B.E. 2522 (Dated 24 September 1999).
7.  The Ministerial Regulation No.28 (B.E. 2542) issued by virtue of the Patent Act B.E. 2522 (Dated 24 September 1999).
8.  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
9.  The Ministerial Regulation Re : Innovation protection application according to Patent Cooperation Treaty (PCT) B.E. 2552 (Dated 30 October 1999)