Thai Law Company - Thai Patent Law

Patent Law

Patents are protected in Thailand under the Patent Act B.E. 2522 (1979) as amended by the Patent Act (No.2) B.E. 2535 (1992) and the Patent Act (No. 3) B.E. 2542 (1999). Thai Patent law protects inventions, designs and utility models (referred to as petty patents under Thai law).

Eligibility for Patent Protection

In order to qualify for protection the invention, design or utility model must fulfill two primary requirements:

1)	the invention, design or utility model must be novel, meaning that it must not have been widely known or used within Thailand, publicly disclosed inside or outside Thailand or registered as a patent or utility model inside or outside Thailand; and
2)	the invention, design or utility model must have industrial applicability.

Furthermore, for an invention to be eligible for a patent there must be "an inventive step." This means that the invention would not be obvious to a skilled person within the industry.

Nationals or residents of Thailand, any WTO member state or any state allowing Thai nationals to apply for patents are eligible to apply for patents within Thailand.

Validity

Patents for inventions are valid for twenty (20) years, designs for ten (10) years and utility models/petty patents for six (6) years. Only utility models/petty patents may be renewed and these only for a total duration of ten (10) years.

Effect of Foreign Patents and Priority

While foreign patents are not formally recognized under Thai law, as a member of the WTO Thailand is bound by the provisions of TRIPs (Trade-Related Aspects of Intellectual Property Rights). This means that an applicant is entitled to claim priority based on the filing of an application in a foreign country bound by TRIPs that was made within twelve (12) months for an invention and within six (6) months for a design.

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