Services
Patents and Petty Patents in Thailand
Patent registration in Thailand, from search, Thai translation and patent filing to examination, opposition and grant.
Overview
Protecting technical inventions in Thailand
Thailand provides two types of patent protection: Invention Patents (requiring novelty, an inventive step, and industrial applicability) and Petty Patents (requiring novelty and industrial applicability). Regardless of your preferred filing route—direct, Paris Convention, or PCT national phase entry—securing robust protection depends on choosing the right type and getting the right Thai specification.
Our lawyers and registered patent agents combine legal and technical expertise on patent registration in Thailand, supported by translators. Clients typically instruct us when they are:
- Entering the PCT national phase
- Filing a Paris Convention application
- Translating patent specifications into Thai
- Responding to an office action
- Opposing a competitor’s application
- Transferring an existing portfolio
What we do
Our patent services
Patentability assessment
Early review of novelty, inventive step and subject matter, with advice on whether a patent or petty patent is the better route.
Drafting and filing
Preparation and filing of patent and petty patent applications in Thailand, including national filings claiming Paris Convention priority.
Thai translation
Translation of specifications and claims, reviewed for technical accuracy and consistency of terminology before filing.
Prosecution
Requests for substantive examination, responses to office actions and claim amendments through to grant or registration.
Oppositions and challenges
Filing and defending oppositions against published applications, and advice on challenging the validity of granted rights.
Annual fees and portfolios
Payment of annual fees and renewals, recordal of name changes, assignments and licences, and management of patent portfolios.
Choosing a route
Patent or petty patent?
| Patent | Petty patent | |
|---|---|---|
| Requirements | Novelty, inventive step and industrial applicability | Novelty and industrial applicability |
| Examination | Substantive examination on request before grant | Registered without substantive examination; examination may be requested after registration |
| Term | 20 years from the filing date | 6 years from the filing date, renewable twice for 2 years each (maximum 10 years) |
| Typical timeline | Several years | Considerably faster |
| Often suited to | Core technologies and inventions with long commercial value | Incremental improvements and products with a shorter commercial life |
Process
The patent registration process in Thailand
The main stages of a Thai patent application. Oppositions, office actions and appeals can add further steps.
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Filing
The application is filed with the Department of Intellectual Property, in Thai or with a Thai translation, claiming any priority.
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Formality examination
The application is checked for formal requirements and patentable subject matter, and any deficiencies must be corrected within the time set.
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Publication
Once formalities are complete and the publication fee is paid, the application is published and may be opposed within 90 days.
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Examination request
Substantive examination must be requested within five years of publication, or the application is deemed abandoned.
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Substantive examination
The examiner assesses novelty, inventive step and industrial applicability, and may issue office actions requiring a response.
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Grant and annual fees
After the grant fee is paid, the patent is granted. Protection lasts 20 years from filing, subject to annual fees.
Local practice
What to know about Thai patent practice
Points that often affect the strength, timing and cost of patent protection in Thailand.
Translation is the enforced text
The Thai specification is the text that is examined and enforced, so translation errors can narrow or weaken protection.
Excluded subject matter
The Patent Act excludes certain subject matter from protection. Claim scope and technical character should be assessed before filing.
Absolute novelty
Public disclosure anywhere before filing can destroy novelty, and exceptions are narrow. File before publishing, exhibiting or selling.
Examination deadline
Missing the five-year deadline to request substantive examination is a common and costly error. We docket and remind clients well in advance.
Related filings
PCT applications and product designs
PCT
National phase entry in Thailand
For international applications entering Thailand, we handle national phase filing, Thai translation, formalities and examination, reporting to overseas counsel in clear English.
Designs
Protecting product appearance
Where the value of a product lies in its shape, configuration or ornamentation, design patent protection can complement a patent for the underlying technology.
FAQs
Patent registration in Thailand: common questions
Should I file a patent or a petty patent in Thailand?
A petty patent suits inventions that are new and industrially applicable but may not meet the inventive step requirement, or products with a short commercial life. It is registered without substantive examination and usually faster, but lasts a maximum of ten years. A patent offers longer protection for inventions with inventive step.
When must substantive examination be requested?
For patent applications, substantive examination must be requested within five years of the publication date. If no request is filed in time, the application is deemed abandoned.
Can a PCT application enter the national phase in Thailand?
Yes. Thailand is a member of the Patent Cooperation Treaty. National phase entry is due within 30 months of the earliest priority date, with a Thai translation of the application.
Do patent applications need to be in Thai?
Proceedings before the Department of Intellectual Property are conducted in Thai, so a Thai-language specification and claims are required. Where an application is based on a foreign-language original, the Thai translation becomes the text that is examined and enforced.
How long does it take to obtain a patent in Thailand?
Patent examination in Thailand has historically taken several years, depending on the technical field and the timing of the examination request. Petty patents are registered considerably faster. Work-sharing programmes may help accelerate some applications, and we advise on whether they apply.
Related services
Beyond registration
Trade Secrets
Protecting know-how that is better kept confidential than disclosed.
Contact the firm
Discuss your patent matter
Contact us about a new filing, national phase entry, an office action or the management of your patent portfolio in Thailand.
