For overseas counsel
PCT National Phase Entry in Thailand
PCT national phase entry in Thailand, from deadline management and Thai translation to formalities, examination and grant.
Overview
Bringing international applications into Thailand
Thailand is a member of the Patent Cooperation Treaty, so an international application can enter the Thai national phase and proceed as a Thai patent or petty patent application. From entry onwards, it is examined under Thai law and in the Thai language.
We act as Thai patent agent for overseas counsel on PCT national phase entry in Thailand, combining legal and technical expertise with careful translation. Counsel typically instruct us when they are:
- Approaching the 30-month deadline
- Needing a Thai translation of the specification
- Choosing patent or petty patent
- Responding to an office action
- Requesting substantive examination
- Transferring existing Thai cases
What we do
How we handle PCT national phase entry
National phase filing
Entry of PCT applications into the Thai national phase, with deadlines docketed and confirmed.
Thai translation
Translation of the specification, claims and abstract into Thai, reviewed for technical accuracy.
Formalities and documents
Preparation of the notarised power of attorney and other formal documents required at and after entry.
Patent or petty patent
Advice on whether to enter as a patent or a petty patent, based on the invention and the commercial plans.
Examination and prosecution
Requests for substantive examination, responses to office actions and claim amendments through to grant.
Grant and annual fees
Payment of grant fees and annual fees, recordals of changes, and ongoing management of Thai patents.
Requirements
Thai national phase entry requirements
The main requirements for entering the national phase in Thailand. We confirm exact documents and timing for each case.
30-month deadline
National phase entry is due within 30 months of the earliest priority date.
Thai-language application
Proceedings are conducted in Thai. The title, claims and abstract must be in Thai at entry, with the full Thai specification allowed within 90 days of entry.
Notarised power of attorney
Foreign applicants act through a Thai patent agent. The power of attorney must be notarised.
Local practice
What overseas counsel should know
Practical points that most often affect PCT applications after they enter Thailand.
Restoration is rarely granted
Late entry may be possible through a restoration request, but the Thai Patent Office applies the strict “due care” criterion, so the 30-month deadline should be treated as final.
Examination must be requested
Substantive examination must be requested within five years of publication in Thailand, or the application is deemed abandoned.
The translation is the enforced text
The Thai translation is the text that is examined and enforced, so translation errors can narrow or weaken protection.
Petty patent as an alternative
A PCT application can enter Thailand as a petty patent, which is registered without substantive examination and often considerably faster.
FAQs
PCT national phase entry in Thailand: common questions
What is the deadline for PCT national phase entry in Thailand?
National phase entry in Thailand is due within 30 months of the earliest priority date. Late entry may be possible through a restoration request, but the Thai Patent Office applies the strict “due care” criterion.
Can a PCT application enter Thailand as a petty patent?
Yes. A PCT application can enter the Thai national phase as a petty patent. A petty patent requires novelty and industrial applicability, is registered without substantive examination, and lasts up to ten years.
What documents are needed for national phase entry?
The main requirements are a Thai translation of the title, claims and abstract at entry, the full Thai specification within 90 days of entry, and a notarised power of attorney appointing a Thai patent agent. We confirm the exact requirements and timing for each case.
When must substantive examination be requested?
Substantive examination must be requested within five years of the publication of the application in Thailand. If no request is filed in time, the application is deemed abandoned.
How long does it take to obtain a patent through the national phase?
Patent applications in Thailand commonly take around three to seven years to grant, depending on the technical field, the Patent Office’s workload and when examination is requested. Petty patents are generally registered much faster.
Related services
Other support for overseas counsel
Patents
Paris Convention filings, direct national filing and management of patent portfolios.
Madrid Refusals
Responses to provisional refusals of international trademark registrations designating Thailand.
Commercialisation
Patent licences, assignments and recordals once protection in Thailand is secured.
Contact the firm
Send us your national phase instructions
Send us the PCT application number and your 30-month deadline, and we will confirm the requirements and timing for entry into Thailand.