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PATENT
Satyapon & Partners is one of the top filers of patents in Thailand. Our highly experienced team has an unrivalled depth of knowledge of the Thai Patent Office’s practices, the IP Court’s decision making process and the criteria considered by the Thai Supreme Court when rendering decisions on Intellectual Property matters.

We have in-house experts capable of dealing with almost every field of human endeavour and innovation.We have patent attorneys with legal expertise and experts with a wide range of technical backgrounds, including, biotechnology, chemical engineering, electrical engineering, life sciences, mechanics and information technology.
Our prosecution team excels at both national phase entry patent applications from the PCT system and regular national patent applications in Thailand. The team was further strengthened in late 2016 by the arrival of Verasak Maiwatana the former Director of the Patent Office, Department of the Intellectual Property Thailand. Mr. Maiwatana spent over 30 years in the Patent Office and brings an invaluable wealth of knowledge of the inner workings of the highly conservative Thai Patent Office to our team. 

Our team also expertly handles translation of complex patent applications to and from Thai, English, Japanese and now German.

Our in-house litigation and enforcement team excels at patent enforcement and contentious matters both locally and in cross jurisdictional cases. We routinely represent clients in both patent invalidation and patent infringement matters. We can draw on a wide range of outside experts and Thailand’s top university researchers to assist in our patent litigation largely due to our founder’s extensive participation and promotion of higher education in Thailand. We have successfully shuttered factories, closed down store fronts, and removed millions of dollars’ worth of infringing goods from the Thai and surrounding marketplaces.

We understand patents are critical to your company’s profitable business operations, successful prosecution and litigation of your patent rights can potentially make or break your business. While highly successful in court our team prides itself on our ability to successfully negotiate out of court settlements in even the most bitterly contentious disputes through strategic planning, thereby mitigating your company’s legal fees. 

Whether you have need of assistance with national phase entry patent applications from the PCT system, regular national patent applications or a multi-million dollar cross-jurisdictional IP dispute, the team at Satyapon & Partners is the clear choice to protect your patent rights in Thailand.
THE PATENT PROCESS IN THAILAND:

Patent is governed by Patent Act B.E. 2522 (1979) as amended by Patent Act (No. 2) B.E. 2535 (1992) and Patent Act (No. 3) B.E. 2542 (1999).

Thailand is a PCT member, and the deadline to file a PCT national phase application in Thailand is 30 months from the first foreign filing date (priority date).

For PCT national phase applications we need to submit Thai translations of the title, abstract and all claims when we file. The remaining translations can be submitted within 90 days from the Thai filing date. Within 90 days of the filing date we need to submit a notarized power of attorney.

Thailand is a Paris Convention member. To claim priority, an application must be filed in Thailand within 12 months from the first foreign filing date (priority date).

For conventional filings we can file in English, or any other language and submit a completed Thai translation of the specifications, claims, abstract and drawings within 90 days after our filing date. Within 90 days of the filing date we need to submit a notarized power of attorney, signed deed of Assignment, and certified copy of the priority application.

If the application is in compliance with all formality requirements we will be instructed to pay a fee for the application to be published. A request for examination can be filed within 5 years from the publication date. If no request is filed, the application will be deemed abandoned and then cancelled. The applicant may rely on foreign corresponding grants as the basis for substantive examination. In practice the Thai Patent Office does not conduct an examination until we submit a corresponding foreign grant. If a corresponding foreign grant is not available, we may request that examination be done by Australian Patent Office or locally.
Accelerated examination can be requested based on the ASPEC route or DIP-JPO PPH route. Under the PPH route, the Department of Intellectual Property in Thailand (DIP) and Japan Patent Office (JPO), have implemented the PPH pilot program since January 1, 2014. DIP and JPO have agreed to extend the program for additional two years from January 1, 2016.

If the invention satisfies all conditions of patentability, we will be instructed to pay the grant fee.

Annuities start after grant or after the fourth anniversary of the filing date, whichever is later. Annuity may be paid on a yearly basis or as a lump sum. The total maximum term for an invention patent is 20 years from the filing date. The total maximum term for a petty patent is 10 years from the filing date.

In Thailand, a second tier invention patent system, referred to as “petty patent” is available. This system was introduced into the Thai Patent Act in 1999.

For a petty patent application a maximum of 10 claims is allowed. In addition, under the current guideline, there is no substantive examination for a petty patent before grant.

                                                                                                                                                                                       
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