Registration of transfer of patent and petty patent

Consideration criteria

The patent transferring contract is a contract with which the assignor grants the right to the assignee right (assignment of patent/petty patent). In this regard, the right transferring shall not exceed the protection period as follows;

*The protection period of invention patent lasts 20 years.

*The protection period of petty patent lasts 6 years, or upon the petty patent renewal application according to Article 65 paragraph 2 the laws.

Conditions of application submission

1. To register a transfer of the patent/petty patent, the applicant shall submit the form as determined by the Director-General, together with the transferring contract of the invention patent/petty patent. 

2. Authorization

2.1  In case the applicant of the 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 correction. The applicant shall finish the correction within 90 days of the notification reception date. After such period, without the correction, the applicant shall be deemed to have abandoned the application, except the Director-General extends the period for correction as deemed appropriate due to any necessity.

2.    After the applicant corrected 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. The corrected application shall enter the consideration and initial inspection processes respectively, similarly to the re-submission of the application.

3.    In case of application submission via the website 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. 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 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 or corrects the application, or the period of temporary suspension of registration.

Relevant laws

• The Ministerial Regulation No.25 (B.E. 2542) issued by virtue of the Patent Act B.E. 2522 (Dated 24 September 1999).
• 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