Invention patents and PCT filing

The Patent Act B.E. 2522 as amended gives an invention patent a term of twenty years from the filing date in Thailand, subject to payment of the annual fees when due. The invention must be new, involve an inventive step and be capable of industrial application, so the application must be filed before the substance of the invention is disclosed to the public.

Thailand has been bound by the Patent Cooperation Treaty since 24 December 2009. An applicant with an international application may enter the Thai national phase within thirty months of the priority date by filing a Thai translation of the description and claims, together with the power of attorney and supporting papers, at the Department of Intellectual Property.

After the application has been published, the applicant must request substantive examination within five years of the publication date, failing which the application is deemed abandoned. Actual examination time depends on workload and the technical field, so budget and docket reminders should be set well ahead. Current deadlines should be reconfirmed with the Department of Intellectual Property.

A petty patent suits an invention that is new and industrially applicable but does not involve a high inventive step, and it is granted without prior substantive examination, so rights arise faster. An invention patent suits more advanced technology where a long term matters. The choice should weigh the product life cycle against the risk that a competitor later challenges validity.

An invention patent protects for twenty years from filing and requires novelty, an inventive step and industrial applicability, with substantive examination that takes years. A petty patent lasts six years, renewable twice by two years each for a maximum of ten, needs no inventive step, and registers far faster — suited to technical improvements in short product cycles.

The external shape or pattern applied to a product, where new, for ten years from filing. It does not protect function or technical principle. Public disclosure before filing destroys novelty, so file before launch or at least control disclosure with confidentiality agreements.

The Patent Cooperation Treaty lets a single international application preserve your filing date in more than 150 countries and defers the national phase decision up to thirty months from the earliest priority date. It suits applicants uncertain about target markets or awaiting funding. It is not a world patent — grant remains with each national office.

An invention patent requires novelty, an inventive step and industrial applicability, and lasts twenty years from the filing date, but it needs a request for substantive examination and takes considerably longer. A petty patent requires no inventive step, is granted faster because only formalities are examined, and lasts six years renewable twice for two years each. Petty patents suit incremental improvements with short product cycles; clear technical advances that need long protection justify an invention patent.

Public disclosure normally destroys novelty, but the Patent Act provides exceptions where the disclosure resulted from an unlawful act by another person, or where the inventor exhibited the work at an international or official exhibition. The application must be filed within twelve months of that disclosure. Keep records of the date and nature of the disclosure, and avoid publishing technical detail before filing.

National-phase entry must be made within thirty months of the earliest filing or priority date, by filing with the Department of Intellectual Property together with a Thai translation of the description and claims, the international application number, and the appointment of a Thai agent if the applicant is abroad. A request for substantive examination must then be filed within the prescribed period, otherwise the application is treated as abandoned.

An invention patent covers something new, involving an inventive step and industrially applicable, lasting 20 years after substantive examination that can take several years. A petty patent covers a new and industrially applicable invention without requiring an inventive step, lasting 6 years and renewable twice for 2 years each. A design patent protects the appearance of a product for 10 years.

As a rule, prior disclosure destroys novelty. Thai law allows a grace period where the disclosure resulted from a wrongful act against the inventor, or from an exhibition organised or approved by a government agency, provided the application is filed within twelve months. Other countries apply different rules and many have no grace period at all, so file before any trade show or fundraising presentation.

A PCT application allows 30 months from the earliest priority date before national phase entry, and Thailand applies the same 30-month deadline. During that time the applicant receives the international search report and written opinion, which help decide where further investment is justified. National phase entry requires a Thai translation of the description and claims with the prescribed fees.

An invention patent requires a higher inventive step, undergoes substantive examination and lasts 20 years from filing. A petty patent has only formal examination, registers faster, and lasts 6 years renewable twice for 2 years each, up to 10 years. Short product cycles or modest technical improvements usually suit a petty patent.

The Paris Convention allows a priority claim within 12 months for inventions and 6 months for industrial designs. Under the PCT you file the international application within 12 months and generally have 30 or 31 months from the priority date to enter national phase. Budget and translations should be planned early, as national phase is the costliest stage.

Our advisers have handled cross-border filings and documentation for over 15 years. We cover clearance searches, class drafting, filing and office-action responses, Madrid or PCT expansion strategy, translations and legalisation, plus online infringement monitoring and coordination with Thai Customs. Contact us by phone or LINE for a portfolio review before any work begins.