– Patent Act, enforced on September 27, 1999.
Membership in International Conventions
– Convention Establishing the World Intellectual Property Organization (WIPO), since December 25, 1989.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since August 2, 2008.
Applicants, Foreigners: same as for “patents“.
Not protectable: inventions which (1) are not novel and (2) do not apply to industry.
Priority, Novelty: same as for “patents“.
Filing requirements: same as for “patents“.
Note: the Patent Act does not allow anyone to apply for both a patent and a petty patent for the same invention. However, at any time before a patent or a petty patent is granted, or before the publication of a patent application, as the case may be, an application may change the type of right applied for from patent to petty patent, or vice versa.
Formal examination: same as for “patents“.
Novelty examination: within one year from the date of publication of the registration of an invention and the issuance of a petty patent, any interested person may request an inspection to determine whether the invention to which the petty patent was granted is new and industrially applicable.
Granting and Protection
Granting decision, Appeal: same as for “patents“.
Duration: six years from the date of application.
Extension: the term may be extended twice, for a period of two years each time.
Annuities, Working, Compulsory licenses, Infringement and penalties: same as for “patents“.
Modification of Protection after Granting
Surrender of petty patent or claims: any patentee may surrender a petty patent or any claim or claims.
Cancellation: the patentee may surrender his patent or revoke some of his/her claims during the patent’s duration. The Director General may ask the Board to revoke the patent if (1) it appears, after two years of issuance of a license, that the licensing cannot effectively prevent or alleviate the following conditions: there is no production of the patented product or no application of the patented process in Thailand with no reason; the production of the patented product or application of the patented process is not sold or imported or sold at a reasonable price; and the Director General determines that such patent be revoked; (2) the license agreement was not made in written form and registered; the patentee or licensee will first be informed of such a determination, and be given sixty days to respond.
License, Assignment: same as for “patents“.