Filing an Invention or Petty Patent (Utility Model) Application.
Thailand acceded the Paris Convention August 2, 2008.
Additional, as of December 24, 2009, applicants filing a PCT application may select Thailand for later filing of a national phase application and file the national phase application in Thailand within 30 months after the first priority application date.
There is no retroactive effect: The 30-month deadline for filing a national phase application does not apply to any PCT application filed before December 24, 2009.
For direct filing in Thailand, we must file within 12 months after the first priority application to claim priority. We must file within 18 months after the first priority application to satisfy novelty and, there must be no unexcused disclosure. These deadlines apply for any application which is not a PCT national phase application.
Documents required:
1. Signed and notarized Power of Attorney
2. Original signed Deed of Assignment or, original signed Statement of Applicant's Right (Not required for national phase application if the list of inventors is the same as in the PCT application.)
3. Certified copy of the priority application (Not required for national phase application or if there is no priority claim.)
The term or protection for an invention patent is 20 years. An annuity must be paid annually starting from the beginning of the 5th year until the 20th year. We cannot pay annuities for a pending application. We must wait for the application to be granted and then pay all annuities in arrears.
If you have any specific questions about novelty, priority or disclosure, please contact us.
Filing a Design Patent Application
Designs are covered by our Patents Act. We must file a separate application for each design.
Examination: Unlike invention patents, we do not request examination for a design. If the application is in conformity, the Examiner will proceed with an examination on his own.
Documents required:
1. Signed and notarized Power of Attorney
2. Original signed Deed of Assignment or, original signed Statement of Applicant's Right
3. Certified copy of the priority application (Not required if there is no priority claim.)
4. Brief on the design and what is claimed.
5. Drawings: The Patent Office usually requires 7 views - front, rear, top, bottom, left side, right side and perspective views. We can file with informal drawings first (e-mail or faxed copy) and the Examiner may instruct us to submit formal drawings later.
Filing a New Trademark or Service Mark Application
Multi-class applications and series of mark applications are not allowed. We must file a separate application for each mark in each class.
The Thai Trademark Office uses the Eighth Edition of the International Classification of Goods and Services under the Nice Agreement (International Classes 1-45). However, the Examiners have the discretion to deviate from those guidelines. And, all goods and services must be specifically described and listed separately. Broad descriptions and the designation "all goods in this class" are not allowed. The Registrar always requires a very clear description for each of the goods and services in each class.
You may send us a description of the goods or services with your instructions for filing. We will let you know if any term is too broad and must be further specified, based on our recent experiences.
Documents required:
1. Signed and notarized Power of Attorney
If there is a priority claim:
2. Certified copy of the priority application
3. An original signed Statement confirming that the priority application was alive as of the Thai filing date
Registration of collective marks and certification marks is available.
Effective July 19, 2005, it is possible to record a mark as a well-known mark.
Trademark Renewals
Documents required:
1. Signed and notarized Power of Attorney
We will follow the list of goods or services as in the present registration unless you instruct us otherwise. If there are any complications, such as re-classification of goods or services, we will consult with you before we file the renewal.
Thailand became a signatory to the Berne Convention for the Protection of Literary and Artistic Works effective July 17, 1931. Our copyright law is embodied in the Copyright Act of B.E. 2537 (1994) which follows the principles of the Berne Convention and TRIPs.
There is no formal registration process. However, a copyright owner may deposit copies of his work with the Copyright Office of the Department of Intellectual Property, Ministry of Commerce, to serve as public notice that he is the copyright owner of the work.
Documents required:
1. Signed and notarized Power of Attorney
To register a country code top-level domain name in Thailand, such as ".co.th", a company must have either have a physical presence in Thailand or, must be the owner of a registered mark in Thailand that includes exactly the same word as the domain name. The mark must be registered. One cannot register a domain name based on a pending mark. The mark may contain other elements such as a logo or other wording, but the main word in the mark must be the same word that will be registered as the domain name.
Documents required:
1. Signed and notarized Power of Attorney
2. Copy of the registration of the mark
Integrated circuits can be protected by the Protection of Layout-Designs of Integrated Circuits Act of 2000. Formal registration is required and the process is similar to that of petty patent. The term of protection is 10 years from the date of application or date of first commercial use, whichever comes first, whether in Thailand or abroad.
Although Thailand is not a Member to the Treaty on Intellectual Property in Respect of Integrated Circuits (Washington Convention), our law is compliant with TRIPs.
Registration of a GI is available. The Geographical Indications Act came into force April 28, 2004.
Documents required:
1. Signed and notarized Power of Attorney
Satyapon & Partners is one of the most active firms in Thailand involved in the enforcement of intellectual property rights, especially trademarks. We have assembled an experienced team of investigators and attorneys to work closely with various law enforcement agencies throughout Thailand to combat the infringement of our clients' intellectual property rights.
We handle an average of 600 criminal cases a year.
Most of these cases involve trademark infringement. The penalties for trademark infringement include a fine of up to 400,000 Thai baht and a term of imprisonment of up to 4 years, or both. Civil remedies, including injunctive relief, may also be available.
Some of these cases involve design patent infringement. The penalties for patent infringement include a fine of up to 400,000 Thai baht and a term of imprisonment of up to 2 years, or both. Civil remedies, including injunctive relief and damages, retroactive to the publication date, may also be available.
A few cases involve copyright infringement. The penalties for copyright infringement include a fine of up to 800,000 Thai baht and a term of imprisonment from 6 months to 4 years, or both. Civil remedies, including injunctive relief and damages, may also be available.
