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PATENT ACT B.E. 2522
As Amended by the Patent Act (No.2) B.E 2535
And the Patent Act (No.3) B.E. 2542
BHUMIBOL ADULYADEJ, REX.
Given on the 11th day of March, B.E. 2522; Being the 34th year of the present Reign.
His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that. Whereas it is deemed expedient to grant protection for inventions and designs;
BE IT, THEREFORE, ENACTED BY THE KING, by and with the advice and consent
of the National Legislative Assembly, acting as the National Parliament, as follows: Section 1 This Act shall be called the “Patent Act B.E. 2522.”
Section 2 This Act shall come into force after the expiration of one hundred and eighty days following the date of its publication in the Government Gazette.(1)
CHAPTER I PRELIMINARY
Section 3(2) In this Act:
“patent” means a document issued to grant protection for an invention or a design under the provisions in Chapters 2 and 3 of this Act;
“petty patent” means a document issued to grant protection for an invention under the provisions in Chapter 3 bis of this Act;
“invention” means any innovation or invention which creates a new product or process, or any improvement of a known product or process;
“process” means any method, art or process of producing, maintaining or
improving the quality of a product, including the application of such process;
(1) published in the Government Gazette Vol. 96, Part 35 on March 16, 1979
(2) as revised by the Patent Act (No.3) B.E. 2542
“design” means any form or composition of lines or colors which gives a special appearance to a product and can serve as a pattern for a product of industry or
handicraft;
“patent owner” includes the transferee of a patent;
“petty patent owner” includes the transferee of a petty patent;
“Board” means the “Board of Patents”;
“Competent Officer” means a person appointed by the Minister to act under this
Act;
“Director-General” means the Director-General of the Department of Intellectual
Property, including any person who is designated by him;
“Minister” means the Minister having charge and control of the execution of this
Act.
Section 4 The Minister of Commerce shall have the charge and control of the execution of the Act and shall have power to appoint competent officers and issue Ministerial Regulations prescribing fees not exceeding those fixed in the list attached to
this Act, exempting any part or whole fee and prescribing other procedures for the
execution of this Act.
The Ministerial Regulations shall become effective upon their publication in the
Government Gazette.
CHAPTER II
PATENT FOR INVENTIONS PART I
APPLICATIONS FOR PATENTS
Section 5 Subject to Section 9, a patent may be granted only for an invention in respect of which the following conditions are satisfied:
(1) the invention is new;
(2) it involves an inventive step; and
(3) it is capable of industrial application.
Section 6(1) An invention is new if it does not form part of the state of the art. The state of art also includes any of the following inventions:
(1) an invention which was widely known or used by others in the country before the date of application for the patent;
(2) an invention the subject matter of which was
described in a document or printed publication, displayed or otherwise disclosed to the public, in this or a foreign country before the date of the application for a patent;
(3) an invention for which a patent or petty patent was
granted in this or a foreign country before the date of application;
(4) an invention for which a patent or petty patent was applied in a foreign country more than eighteen months before the date of the application and a patent or petty patent has not been granted for such invention;
(5) an invention for which a patent or petty patent was applied for in this or a foreign country and the application was published before the date
of application.
A disclosure which was due to, or made in consequence of, the subject matter having been obtained unlawfully, or a disclosure which was made by the inventor, or made in consequence of, the inventor displaying the invention at an international exhibition or an official exhibition if such disclosure was done within twelve months
before the filing of an application for the patent, shall not be deemed to be a disclosure
under subsection (2) above.
Section 7 An invention shall be taken to involve an inventive step if it is not obvious to a person ordinary skilled in the art.
Section 8 An invention shall be taken to be capable of industrial application if it can be made or used in any kind of industry, including handicrafts, agriculture and commerce.
(1) as revised by the Patent Act (No.2) B.E. 2535 and the Patent Act (No.3) B.E. 2542
Section 9(1) The following inventions are not protected under this Act:
(1) naturally occurring microorganisms and their components, animals, plants or extracts from animals or plants;
(2) scientific or mathematical rules or theories;
(3) computer programs;
(4) methods of diagnosis, treatment or cure of human and animal diseases;
(5) inventions contrary to public order, morality, health or welfare.
Section 10(2) The inventor shall have the right to apply for a patent and to be named as such in the patent.
The right to apply for a patent may be assigned or transferred by succession. The assignment of the right to apply for a patent must be in writing and shall
require the signatures of the assignor and assignee.
Section 11 The right to apply for a patent for an invention made in the execution
of an employment contract or a contract for performing a certain work shall belong to the employer or the person having commissioned the work, suless otherwise provided in the contract.
The provision of the first paragraph shall apply in the circumstance where an employment contract does not require in employee to exercise any inventive activity, but
the employee has made the invention using any means, data or report that his
employment has put at his disposal.
Section 12 In order to promote inventive activity and to give o fair share to the employee in the circumstances provided for in the first paragraph of Section 11, the
(1) as revised by the Patent Act (No.2) B.E. 2535 and the Patent Act (No.3) B.E. 2542
(2) as revised by the Patent Act (No.2) B.E. 2535
employee-inventor shall have a right to remuneration other than his regular salary if the employer benefits from the invention.
In the circumstances provided for in paragraph 2 of Section 11, the employee- inventor shall have a right to remuneration.
The right to remuneration any not be prevented by any contractual provision.
A request for remuneration under paragraph one and paragraph two of this Section shall be submitted to the Director-General in accordance with the rules and procedures prescribed in the Ministerial Regulations. The Director-General shall have
the power to fix such remuneration as he deems fit taking into account his salary, the importance of the invention, benefits derived and expected to be derived from the invention and other circumstances and prescribed by the Ministerial Regulations.
Section 13 In order to promote inventive activity among government officials
and employees of the government organization or enterprises, an government official or
an employee of a government organization or enterprise shall have the same right as that of the employee under Section 12, unless otherwise provided by the Rules or Regulations of such department of the government or organization or enterprise.
Section 14(1) An applicant for a patent shall possess one of the following qualifications:
(1) being a Thai national or a juristic person having its headquarters located in Thailand;
(2) being a national of a country party to a convention or an
international agreement on patent protection to which Thailand is also a party;
(3) being a national of a country which allows Thai nationals or juristic persons having their headquarters to apply for patents in that country;
(4) being domiciled or having a real and effective industrial or commercial establishment in Thailand or a country party to a convention or an international agreement on patent protection to which Thailand is also a party.
(1) as revised by the Patent Act (No.3) B.E. 2542
Section 15 When an invention is made by two or more persons jointly, they shall
apply for a patent jointly.
If a joint inventor refuses to join in an application for a patent or cannot be found
or reached or is not entitled to make an application for a patent, the application may be made by the other inventor on behalf of himself.
A joint inventor who did not join in an application for a patent may subsequently
make a request to join in the application at any time before a patent is granted. Upon receipt of such request, the competent officer shall notify the applicant and the joint inventor of the date on which an investigation will take place. The applicant and each of
the joint applicants shall be furnished with a copy of the request.
In the investigation under the preceding paragraph, the competent officer may require the applicant and joint applicants to appear before him and answer any question
or hand any document or other items to him. After such investigation and when the Director-General has made his decision, the applicant and the joint inventor shall be notified of such decision.
Section 16 If two or more persons have separately and independently made the same invention and each of them has made an application for a patent, the applicant
who is the first to file shall be entitled to a patent. If the application have been filed on
the same date, the applicants shall agree whether a patent should be granted to one of them or all of them jointly. If no agreement has been reached within the period
prescribed by the Director-General, they shall bring the case to the Court within ninety days after the expiration of the prescribed period. If they fail to do so within such period,
they shall be deemed to have abandoned their applications.
Section 17(1) The application for the patent shall comply with the rules and procedures as prescribe in the Ministerial Regulations.
The application for a patent shall contain:
(1) as revised by the Patent Act (No.3) B.E. 2542
(1) the title of the invention;
(2) brief statement of its nature and purposes;
(3) a detailed description of the invention in such full, concise and clear and
exact terms as to enable any person ordinarily skilled in the art to which it pertains, or
with which it is most nearly connected, to make and use the invention and setting forth
the best mode contemplated by the inventor to carry out his invention;
(4) one or more clear and concise claims;
(5) other items prescribed in the Ministerial Regulations
In cases where Thailand acceded to an international agreement or cooperation
on patents, the patent application which is in compliance with the requirements of such international agreement or cooperation shall be deemed to be a patent application
under this Act.
Section 18 The application for patent shall relate to only one invention or to a group of inventions which are so linked as to form a single inventive concept.
Section 19(1) A person who has exhibited his invention in an exhibition which
has been sponsored or authorized and held in Thailand by the government and applies
for a patent for such invention within twelve months following the opening date of that exhibition shall be deemed to have filed his application on the opening date of the exhibition.
Section 19 bis(2) A person under Section 14 who has filed a patent application for an invention in a foreign country may claim the first foreign filing date as
the filing date in the country if the application is filed in the country within twelve months following the first filing date in the foreign country.
(1) as revised by the Patent Act (No.2) B.E. 2535
(2) as revised by the Patent Act (No.3) B.E. 2542
Section 20 The applicant may amend his application for a patent in accordance with the rules and procedures prescribed in the Ministerial Regulations, provided that
such amendment does not enlarge the scope of the invention.
Section 21(1) All officers whose duties are connected with patent applications shall refrain from disclosing any detailed description of the invention or permitting any person to inspect to make a copy of the detailed description of invention by any means
before the publication of such application under Section 28, unless it is authorized in writing by the applicant.
Section 22(2) Before the publication of a patent application under Section 28, all persons who know that the application has been filed shall refrain from disclosing any information contained in the detailed description of the invention or committing any act which is likely to cause damage to the applicant, unless it is authorized in writing by the applicant.
Section 23 When secrecy is required for inventions which in the opinion of the
Director-General are of interest to the national security, the Director-General shall order
the applications for patents therefore to be kept in confidence unit it is otherwise ordered by him.
All persons, including the applicant, who know that the application has been ordered by the Director-General to be kept in confidence under the preceding
paragraph, shall refrain from disclosing the subject matter or the detailed description of
the invention to any other person, unless it is authorized by law.
PART II
(1) as revised by the Patent Act (No.3) B.E. 2542
(2) as revised by the Patent Act (No.3) B.E. 2542
GRANT OF PATENT
........................................
shall:
Section 24 Before granting a patent to the applicant, the
competent officer
(1) examine the application as to its conformity with
Section 17; and
(2) examine the application as to its conformity with
Section 5,in accordance with the rules, procedures and conditions prescribed in the
Ministerial Regulations.
Section 25 In order to facilitate the examination of a patent application, the Director-General may request any government department, unit or organization or any foreign or international patent office of organization, to examine the application as to its
conformity with Section 5, 6, 7, 8, and 9, or the detailed description of the invention as to
its conformity with Section 17 (3). The Director-General may treat such examination as having been done by the competent officer.
Section 26 In the examination of an application if it appears that the application relates to several distinct inventions which are not so linked as to form a single inventive concept, the competent officer shall give a notice to the applicant requiring him to
separate the application into a number of applications, each of which relates to a single invention.
If the applicant files any of the separated applications within one hundred and
eighty days following the receipt of such notice under the preceding paragraph, he shall
be deemed to have filed that application on the filing date of hid first application.
The application shall be separated in accordance with the rules and procedures provided by the Ministerial Regulations.
If the applicant does not agree with the requirement to separate the application,
he shall appeal to the Director-General within one hundred and twenty days. The decision of the Director-General shall be final.
Section 27 In the course of examination of an application, the competent officer
may instruct the applicant to appear before him in order to answer any question, or to hand over to him any document or item.
If the applicant has filed on application for a patent in any foreign country, he
shall submit a report of the examination of the application in accordance with the rules and procedures prescribed by the Ministerial Regulations.
If any document to be filed is in a foreign language, the applicant shall file such
document accompanied by translation in Thai.
If the applicant fails to comply with the instruction of the competent officer under
the preceding paragraph, or fails to submit the examination report within ninety days in accordance with the second paragraph of this Section, he shall be deemed to have abandoned his application. In case necessity, the Director-General may extend such period as he deems appropriate.
Section 28(1) Where the competent officer has submitted the examination report
to the Director-General,
(1) if it appears to the Director-General that the
provisions of Section 17 have not been complied with, or the invention is not patentable under Section9, the Director-General shall reject the application and the competent
officer shall notify the applicant of the rejection by a return registered mail or by any other method prescribed by the Director-General within fifteen days from the date of rejection by the Director-General; or
(2) if it appears to the Director-General that the
provisions of Section 17 have been compiled with and it is not an unpatentable invention under Section 9, the Director-General shall, in accordance with the rules and
procedures in the Ministerial Regulations, order the application to be published. Before
the publication is made, the competent officer shall, by any method prescribed by the
Director-General or by a return registered mail, notify the applicant to pay the
(1) as revised by the Patent Act (No.3) B.E. 2542
publication fee. If the applicant fails to pay the fee within sixty days from the date of receipt of the notice, the competent officer shall once again notify the applicant by a return registered mail. If the applicant fails to pay the publication fee within sixty days from the date of receipt of such notice, he shall be deemed to have abandoned his application.
Section 29 After the publication of the application under Section 28, the applicant may request the competent officer to proceed with the examination as to its
conformity with Section 5 either within five years after the publication of such application
or, in cases where there is an opposition and an appeal is taken, within one year after
the final decision has been made, depending on which period expires last. If the applicant fails to make such a request within said period, he shall be deemed to have abandoned his application.
If the Director-General requests any governmental department, unit or
organization or any foreign or international patent office or organization to examine the application under Section 25, and there is some expense derived from such
examination, such expense shall be paid by the applicant within sixty days after he has
been notified by the competent officer. If the applicant fails to pay the expense within
the said period, he shall be deemed to have abandoned his application.
Section 30 Where an application for a patent has been published under Section
28, if it appears that it does not comply with the provisions of Section 5, 9, 10, 11 or 14,
the Director-General shall refuse the grant of a patent. The Director-General shall refuse
the grant of a patent. The applicant as well as the other party to the opposition proceedings under Section 31 shall be notified of such decision. The decision of the Director-General shall be published in accordance with the rules and procedures prescribed by the Ministerial Regulations.
Section 31(1) Where an application for a patent has been published under
Section 28, any person who thinks that he, not the applicant, is entitled to a patent, or
that the application does not comply with the provisions of Section 5, 9, 10, 11 or 14 may give notice to the competent officer of opposition to such application within ninety days following the publication of the application under Section 28.
Where an opposition has been made in accordance with the preceding
paragraph, the competent officer shall send a copy of such notice to the applicant. The applicant shall file with the competent officer a counterstatement within ninety days following the receipt of the copy of the notice. If the applicant fails to file such counterstatement within said period, he shall be deemed to have abandoned his application.
A notice of opposition and counterstatement shall be supported by buttressing evidence.
Section 32 In an opposition proceeding, the opposing party and the applicant may introduce any evidence or make any additional statement to support the ground on which they rely in accordance with the procedures prescribed by the Director-General. Where the Director-General has made his decision under Section 33 or Section
34, the applicant and the opposing party shall be notified of the decision with the reasons on which it is based.
Section 33 Where a request for examination is made under Section 29 by the applicant for an examination and the competent officer has made examination under Section 24, the competent officer shall submit his examination report to the Director- General.
When the Director-General has considered the examination report and sees no
reason to refuse the grant of a patent, and there has been no opposition under Section
31 or there has been an opposition but the Director-General has decided that the
invention belongs to the applicant, the Director-General shall order that the invention is
(1) as revised by the Patent Act (No.2) B.E. 2535
to be registered and granted to the applicant. The competent officer shall notify the applicant that the fee must be paid for the grant of a patent within sixty days from the receipt of such notice.
When the fee has been paid in accordance with the preceding paragraph, the invention shall be registered and a patent granted to the applicant within fifteen days following the payment of the fee, but not before the expiration of period prescribed in Section 32. If the fee is not paid within the period prescribed in the preceding
paragraph, the applicant shall be deemed to have abandoned his application. The
patent shall be in the form prescribed by the Ministerial Regulations.
Section 34 Where there is an opposition and the Director-General has decided that the invention belongs to the opposing party, the Director-General shall reject the application.
Where the decision of the Director-General rejecting the application is not
appealed by the applicant or is appealed and the Board or the Court has made a final decision, if the opposing party has filed an application for a patent within one hundred and eighty days after the rejection by the Director-General or from the date on which
the final decision is made, as the case may be, he shall be deemed to have filed his application on the filing date of the applicant, and the publication of the application for a patent of the applicant made under Section 28 shall be deemed to be the publication of
the application of the opposing party. In the latter case, no person may oppose the application of the opposing party on the ground that he has better rights in the invention than the opposing party.
Before granting a patent to the opposing party, the competent officer shall
examine the application is accordance with Section 24. The provisions of Section 29 are also applicable to the application of the opposing party.
PART III
RIGHTS CONFERRED BY THE PATENT
..................................................
Section 35(1) An invention patent shall have a term of twenty years from the date
of filing of the application in the country. The term of a patent shall not include the period during which court proceedings are taken under Section 16, 74 or 77 sexies.
Section 35 bis(2) Any act in violation of Section 36 committed before the grant of a patent shall not be deemed to be an infringement of the patentee’s rights unless the act is in respect of the invention under the pending application already published under Section 28, the person so acting knowing of the filing of the patent application or having been informed in writing that a patent application has been filed
for the invention, in which case the applicant shall be entitled to damages from the
infringer. A compliant for such damages shall be filed with the court after the patent is granted.
Section 36(3) No other person except the patentee shall have following rights:
(1) where the subject matter of a patent is a product, the right to produce, use, sell, have in the possession for sale, after for sale or import the patented product;
(1) as revised by the Patent Act (No.3) B.E. 2542
(2) as revised by the Patent Act (No.2) B.E. 2535
(3) as revised by the Patent Act (No.3) B.E. 2542
(2) where the subject matter of a patent is a process, the right to
use the patented process, to produce, use, sell, have in the possession for sale, offer for sale or import the product produced by the patented process.
The preceding paragraph shall not apply to:
(1) any act for the purpose of study, research, experimentation
or analysis, provided that it does not unreasonably conflict with a normal exploitation of
the patent and do not unreasonably prejudice the legitimate interests of the patent owner;
(2) the production of the patented product or use of the patented process, provided that the producer or user, in good faith and without knowing or having
no reasonable cause to know about the patent application, has engaged in the
production or has acquired the equipment therefore prior to the date of filing of the patent application in Thailand, Section 19 bis not applicable hereto;
(3) the compounding of a drug specifically to fill a doctor’s
prescription by a professional pharmacist or medical practitioner, including any act done to such pharmaceutical product;
(4) any act concerning an application for drug registration, the
applicant intending to produce, distribute or import the patented pharmaceutical product after the expiration of the patent term;
(5) the use of a device forming the subject of a patent in the
body of a vessel or other accessories of a vessel of a country party to an international convention or agreement on patent protection to which Thailand is also party, when
such a vessel temporarily or accidentally enters the waters of Thailand, provided that
such a device is used there exclusively for the needs of the vessel;
(6) the use of a device forming the subject of a patent in the construction or other accessories of an aircraft or a land vehicle of a country party to an international convention or agreement on patent protection to which Thailand is also
party, when such aircraft or land vehicle temporarily or accidentally enters Thailand;
(7) the use, sale, having in possession for sale, offering for sale
or importation of a patented product when it has been produced or sold with the authorization or consent of the patentee.
Section 36 bis(1) The scope of the rights of the patentee under Section 36 in
respect of a patented invention shall be determined by the claims. In determining the scope of the claimed invention, the characteristics of the invention as indicated in the description and the drawings shall be taken into account.
The scope of protection for a patented invention shall extend to the characteristics of the invention which, although not specifically stated in the claims, in
the view of a person of ordinary skill in the pertinent art, have substantially the same
properties, functions and effects as those stated in the claims.
Section 37(1) The patentee shall have the right to use the word “Thai Patent,” its abbreviation or any foreign word of the same meaning on the product, the container or package of the product, or in the advertisement of the product.
The indication under the first paragraph shall be accompanied by the patent number.
Section 38 The patentee may authorize any other person, by granting a license,
to exercise the rights conferred to him under Section 36and 37, and may assign his patent to any other person.
Section 39 In granting a license under Section 38,
(1) the patentee shall not impose upon the licensee any condition, restriction or any royalty term which is unjustifiably anti-competitive.
Conditions, restrictions or terms which is unjustifiably anti-competitive shall be prescribed in the Ministerial Regulations;
(2) the patentee shall not require the licensee to pay
royalties for the use of the patented invention after the patent has expired in accordance with Section 35.
(1) as revised by the Patent Act (No.2) B.E. 2535
(1) as revised by the Patent Act (No.2) B.E. 2535
Conditions, restrictions or terms concerning royalties which are contrary to the provisions of this Section are null and void.
Section 40 Subject to Section 42, in the absence of any provision to the contrary between the parties, a joint owner of a patent may, separately, exercise the
rights conferred under Section 36 and 37 without the consent of the other joint owner,
but he may grant a license or assign the patent only when it is consented to all joint owners.
Section 41(1) The license contract and the assignment of a patent under Section
38 shall be in writing and registered in compliance with the requirements and procedures prescribed by the Ministerial Regulations.
If it appears to the Director-General that a clause in a license contract is contrary
to the provisions of Section 39, the Director-General shall submit such contract to the
Board. If it is held by the Board that the contract is contrary to the provisions of Section
39, the Director-General shall refuse the registration of such contract, unless it may be assumed under the circumstances of the case that the parties intended the valid part of
the contract to be severable from the invalid part. In the latter circumstances, the
Director-General may order the registration of the valid part of the contract.
Section 42 The transfer of a patent by succession shall be in compliance with the rules and procedures prescribed by the Ministerial Regulations.
PART IV ANNUAL FEES
............................................
Section 43(2) A patentee shall pay annual fees as prescribed by the Ministerial
Regulations beginning the fifth year of the term of the patent. The payment of the fees
(1) as revised by the Patent Act (No.2) B.E. 2535
(2) as revised by the Patent Act (No.3) B.E. 2542
shall be made within sixty days following the beginning of the fifth year of the term of the patent and of very year thereafter.
If a patent is granted after the beginning of the fifth year of the term of the patent,
the first annual fee shall be paid within sixty days following the grant of the patent.
If the patentee does not pay the annual fees within the period as prescribed in
the first or second paragraph, the patentee shall be liable to pay a surcharge of thirty percent of the unpaid annual fee by paying the annual fee together with the surcharge within one hundred and twenty days following the expiration of the payment period prescribed in the first or second paragraph.
If the patentee fails to pay the annual fee and the surcharge within the period prescribed in the third paragraph, the Director-General shall prepare a report to the Board for canceling the patent.
If the patentee files within sixty days from the date of receipt of the cancellation order, a request to the Board that the failure to pay the annual fee within the period prescribed in the third paragraph and the surcharge was due to a cause of necessity,
the Board may extend the payment period or cancel the patent as they deem appropriate.
Section 44(1) The patentee may request to pay all annual fees in advance by paying all of the annual fees in one payment instead of paying annually. In cases where
all of the annual fees have been paid in advance by the patentee, and subsequently the
list of the annual fees is revised or the patent is surrendered or cancelled, the patentee shall not be obliged to pay for any increase in the annual fees or shall not be entitled to refund the fees already paid by him.
PART V
LICENSES OF RIGHT COMPULSORY LICENSES AND GOVERNMENT USE
(1) as revised by the Patent Act (No.3) B.E. 2542
Section 45 Any patentee may, in accordance with the rules and procedures as prescribed in the Ministerial Regulations, apply to the Director-General for an entry to be made in the register to the effect that any other person may obtain a license.
At any time after an entry has been made, the Director-General shall grant a license under the patent to any person who applies for such a license on such conditions, restrictions and royalty terms as agreed upon by the patentee and the applicant. If the patentee and the applicant cannot agree within the period as
prescribed by the Director-General, the Director-General shall grant a license on such
conditions, restrictions and royalty terms as he deems appropriate.
Any of the parties may appeal the decision of the Director-General made under
the preceding paragraph to the Board within thirty days from the receipt of the decision. The decision of the Board shall be final.
The application for and grant of a license under the second paragraph shall comply with the rules and procedures as described by the Ministerial Regulations.
Where an entry is made pursuant to the first paragraph, the annual fees in respect of the patent after the date of the entry shall be reduced as prescribed by a
Ministerial Regulations, by at least one half of the annual fees which would be payable if
the entry had not been made.
Section 46(1) At any time after the expiration of three years from the grant of a patent or four years from the date of application, whichever is later, any person may apply to the Director-General for a license if it appears, at the time when such
application is filed, that the patentee unjustifiably fails to exercise his legitimate rights as follows:
(1) that the patented product has not been produced or
the patented process has not been applied in the country, without any legitimate reason;
or
(1) as revised by the Patent Act (No.3) B.E. 2542
(2) that no product produced under the patent is sold in
any domestic market, or that such a product is sold but at unreasonably high prices or does not meet the public demand, without any legitimate reason.
Whether it is an application under (1) or (2), the applicant for a license must
show that he has made an effort to obtain a license from the patentee having proposed conditions and remuneration reasonably sufficient under the circumstances but unable
to reach an agreement within a reasonable period.
The application for a license shall comply with the rules and procedures prescribed in the Ministerial Regulations.
Section 47(1) If the working of any claim in a patent is likely to constitute an infringement of a claim in a patent of any other person, the patentee, desiring to exploit
his own patent, may apply to the Director-General for a license under the patent of the other person under the following criteria:
(1) the invention of the applicant involves an important
technical advance of considerable economic significance in relation to the invention for which the license is applied;
(2) the patentee shall be entitled to a cross-license on reasonable terms;
(3) the applicant shall not assign his right in the license to other
persons except with the assignment of his patent.
The applicant for a license must show that he has made an effort to obtain a license from the patentee having proposed conditions and remuneration reasonably sufficient under the circumstances but unable to reach an agreement within a reasonable period.
The application for a license shall comply with the rules and procedures
prescribed by the Ministerial Regulations.
(1) as revised by the Patent Act (No.3) B.E. 2542
Section 47 bis(2) If the working of any claim in the patent having obtained a
license under Section 46 is likely to constitute an infringement of a claim in a patent of
any other person, the applicant for a license under Section 46 may apply to the Director- General for a license under the patent of the other person under the following criteria:
(1) the invention of the applicant involves an important technical
advance of considerable economic significance in relation to the invention for which the license is applied;
(2) the applicant shall not assign his right in the license to other
persons.
The applicant for a license must show that he has made an effort to obtain a license from the patentee having purposed conditions and remuneration reasonably sufficient under the circumstances but unable to reach an agreement within a reasonable period.
The application for a license shall comply with the rules and procedure
prescribed by the Ministerial Regulations.
Section 48(1) Where a compulsory license is granted under Section 46, 47 or 47
bis , the patentee shall be entitled to remuneration.
The licensee under Section 38 shall be entitled to remuneration where a
compulsory license is granted under 46, 47 or 47 bis, provided that he has the exclusive right to grant licenses to other persons. In such circumstances, the patentee shall not be entitled to such remuneration.
Section 49(2) In an application for a license made under Section 46, 47 or 47 bis, the applicant shall set forth the amount of remuneration, the conditions for the exploitation of the patent and the restrictions on the rights of the patentee and the
exclusive licensee under paragraph 2 of Section 48, and a request for a license. In the
(2) as revised by the Patent Act (No.3) B.E. 2542
(1) as revised by the Patent Act (No.3) B.E. 2542
(2) as revised by the Patent Act (No.3) B.E. 2542
application for a license under Section 47, the applicant shall also offer a license under
his patent to the other party.
Where an application for a license is filed pursuant to Section 46, 47 or 47 bis,
the competent officer shall notify the applicant the patentee and the exclusive licensee under paragraph 2 of Section 48 of the date on which the application shall be
considered. The patentee and the exclusive licensee shall be furnished with a copy of
the application.
In the consideration of an application for a license under the preceding paragraph, the competent officer may require the applicant, the patentee or the exclusive licensee under paragraph 2 of Section 48 to appear before him to give any
statement, or to hand over to him any document or any other item. When the application
has been considered by the competent officer and the Director-General has made his decision, the applicant, the patentee and the exclusive licensee shall be notified of the decision.
The decision of the Director-General made under the preceding paragraph is appealable to the Board within sixty days of receipt of the notice.
Section 50(1) Where it is decided by the Director-General that a license shall be granted to the applicant under Section 46, 46 bis or 47, the Director-General shall set
forth the royalty and the conditions for the exploitation of the patent and the restrictions
on the rights of the patentee and the exclusive licensee under Section 48 paragraph 2
as agreed upon by the patentee and the applicant. If no agreement has been reached
by the parties within the period prescribed by the Director-General, the Director-General shall fix the royalty and prescribed the conditions and restriction as he deems
appropriate subject to the following requirements:
(1) the scope and duration of the license shall not be more than necessary under the circumstances;
(2) the patentee shall be entitled to further license others;
(1) as revised by the Patent Act (No.3) B.E. 2542
(3) the license shall not be entitled to assign the license to
others, except with that part of the enterprise or goodwill particularly of the part under
the license;
(4) the licensing shall be aimed predominantly for the supply of the domestic market;
(5) the remuneration fixed shall be adequate for the circumstances of the case.
The decision of the Director-General made under the first paragraph of the
Section is appealable to the Board within sixty days from the date on which such decision is received.
The issuance of a licensing certificate shall comply with the form, rules and
procedures prescribed in the Ministerial Regulations.
Section 50 bis(1) A license issued under Section 46 may be terminated if and
when the circumstances which led to it cease to exist and are unlikely to recur provided that the termination does not affect the rights or interests of the licensee under the
license.
The application for termination of a license under the first paragraph shall be in accordance with the forms, rules and procedures prescribed in the Ministerial Regulations, the provisions of Section 49 paragraphs two and three and Section 50 applying mutatis mutandis.
Section 51(2) In order to carry out any service for public consumption or which is
of vital importance to the defense of the country or for the preservation or realization of natural resources or the environment or to prevent or relieve a severe shortage of food, drugs or other consumption items or for any other public service, any ministry, bureau or department of the Government may, by themselves or through others, exercise any right under Section 36 by paying a royalty to the patentee or his exclusive licensee under
(1) as revised by the Patent Act (No.3) B.E. 2542
(2) as revised by the Patent Act (No.3) B.E. 2542
paragraph 2 of Section 48 and shall notify the patentee in writing without delay, notwithstanding the provisions of Section 46, 46 bis and 47.
In the circumstances under the above paragraph, the ministry or bureau or department shall submit its offer setting forth the amount of remuneration and conditions
for the exploitation to the Director-General. The royalty rate shall be as agreed upon by
the ministry or bureau or department and the patentee or his licensee, and the provisions of Section 50 shall apply mutatis mutandis.
Section 52(3) During a state of war or emergency, the Prime Minister, with the approval of the Cabinet, shall have the power to issue an order to exercise any right under any patent necessary for the defense and security of the country by paying a fair
remuneration to the patentee and shall notify the patentee in writing without delay.
The patentee may appeal the order or the amount of remuneration to the court within sixty days from the receipt of the order.
PART VI
SURRENDER OF PATENT OR CLAIMS AND CANCELLATION OF PATENT
...................................................
Section 53(1) Any patentee may surrender his patent or any claim or claims there of in accordance with the rules and procedures prescribed in the Ministerial Regulations.
In order to surrender a patent or any claims under the preceding paragraph, if
the patent is jointly owned by two or more persons, the surrender shall be made with the consent of all patentees. If licenses have been granted under Section 38, 45, 46, 47 or
47 bis such surrender shall be made with the consent of all licensees.
(3) as revised by the Patent Act (No.3) B.E. 2542
(1) as revised by the Patent Act (No.3) B.E. 2542
Section 54 Any patent granted not in compliance with the provisions of Section
5, 9, 10, 11 or Section 14 shall be invalid.
The invalidity of a patent may be challenged by any person. A petition to cancel
an invalid patent may be submitted to the Court by any interested person or the public prosecutor.
Section 55(2) The Director-General may request the Board to cancel a patent in
any of the following circumstances:
(1) when a license has been issued under Section 50 and a period of two years has lapsed from the date of issuance of the license, the patentee,
the licensee of the patentee or the holder of the license fails to produce the patented product or use the patented process without any legitimate reason, or no patented product or product derived from the patented process is sold or imported into the
country or such a product is hold at unreasonably high price, and the Director-General thinks that there is a good cause to cancel the patent;
(2) the patentee has licensed another person to use the rights contrary to the provisions of Section 41.
Before requesting the Board to cancel a patent, the Director-General shall order
an investigation to be held, and notify the patentee and licensees of the order so that they may be given an opportunity to submit their statements. The submission of the statements shall be made within sixty days from the receipt of the order. The Director-
General may require any person to appear before him to answer any question or to hand over any document or any other item to him.
After the investigation and where it appears that there is good ground to cancel
the patent, the Director-General shall submit his report of the investigation to the Board
to cancel the patent.
CHAPTER III PATENTS FOR DESIGNS
(2) as revised by the Patent Act (No.2) B.E. 2535 and the Patent Act (No.3) B.E. 2542
Section 56 A patent may be granted under this Act for a new design for industry, including handicrafts.
Section 57 The following designs are not new:-
(1) a design which was widely known or used by others
in this country before the filing of the application for a patent;
(2) a design which was disclosed or described in a document or a printed publication in this or a foreign country before the filing of the application for a patent;
(3) a design which was published under Section 65 and
Section 28 before the filing of the application for a patent;
(4) any design so nearly resembling any of the designs prescribed in (1), (2) or (3) as to be an imitation.
Section 58 The following are unpatentable:-
(1) designs that are contrary to public order or morality;
(2) designs prescribed by a Royal Decree.
Section 59 The application for a patent shall comply with the requirements and procedures as prescribed by the Ministerial Regulations.
Every application for a patent shall contain:-
(1) a representation of the design;
(2) an indication of the product for which the design is to
be used;
(3) a clear and concise claim;
(4) other items prescribed in the Ministerial Regulations.
Section 60 An application for a patent shall relate to a design to be used with only one product.
A list of products shall be prescribed by the Ministerial and published in the
Government Gazette.
Section 60 bis(1) A person under Section 14 who has filed a patent application
for a design in a foreign country may claim the first foreign filing date as the filing date in
the country if the application is filed in the country within six months following the first filing date in the foreign country.
Section 61 When an application is published under Section 65 and 28, but before the registration of and grant of a patent for the design, if it appears that the
application does not comply with the provisions of Section 56, 57 or Section 65 and 10,
11 and 14, the Director-General shall reject the application. The competent officer shall notify the applicant and the opposing party under Section 65 and 31 of that decision,
and a copy of the decision shall be displayed at the place where the application is filed. Where the Director-General rejects an application and the application is
opposed under Section 65 and Section 31, the Director-General shall proceed to
consider the opposition in accordance with section 65 and Section 32.
Section 62(1) A design patent shall have a term of ten years from the date of filing of the application in the country.
The term of a patent shall not include the period during which the court proceedings are taken under Section 65 and Section 16 or 74.
Section 62 bis(2) Any act in violation of Section 63 committed before a grant of a patent shall not be deemed to be an infringement of the patentee’s rights unless the act is in respect of the design under the pending application already
published under Section 65 and Section 28, the person so acting knowing of the filing of
the patent application or having been informed in writing that a patent application has been filed for the design, in which case the applicant shall be entitled to damages from
(1) as revised by the Patent Act (No.3) B.E. 2542
(1) as revised by the Patent Act (No.3) B.E. 2542
(2) as revised by the Patent Act (No.3) B.E. 2542
the infringer. A compliant for such damages shall be filed with the court after the patent
is granted.
Section 63(3) No other person except the patentee shall have the right to use the patented design in the manufacture of a product or to sell, have in possession for sale, offer for sale or import a product, embodying the patented design, except the use of the
design for the purpose of study or research.
Section 64 Any patent granted which is not in compliance with the provisions of
Section 56, 58 or 65 and Section 10, 11 and 14 shall be invalid.
The validity of a patent may be challenged by any person. A petition to cancel
an invalid patent may be submitted to the Court by any person who has an interest in the patent or by the public prosecutor:
Section 65 The provisions of Sections 10, 11, 12, 13, 14, 15, 16, 19, 20, 21, 22,
27, 28, 29, 31, 32, 33, 34, 37, 38, 39, 40, 41, 42, 43, 44, and 53 in Chapter II concerning patents for inventions shall apply, mutatis mutandis, to patents for designs in Chapter III.
CHAPTER III BIS PETTY PATENTS
.......................................................
Section 65 bis A petty patent may be granted for an invention in respect of which the following conditions are satisfied:
(1) the invention is new;
(2) it is capable of industrial application.
Section 65 ter No person shall apply for both a petty patent and a patent for the same invention.
(3) as revised by the Patent Act (No.3) B.E. 2542
Section 65 quarter The applicant for a petty patent or the applicant for an invention patent may request to convert his application for a petty patent to an application for an invention patent or an application for an invention patent to an
application for a petty patent before the registration of the invention and the grant of the petty patent or before the publication of the application under Section 28, as the case
may be. The applicant may claim the date of filing of the original application to be the filing date of the converted application in accordance with the rules and procedures prescribed in the Ministerial Regulations.
Section 65 quinquies Before the registration of an invention and grant of a petty patent, the competent officer shall examine the application for a petty patent as to its conformity with Section 65 decies and 17 and examine that the claimed invention is protectible under Section 65 decies and 9 and submit a report to the Director-General.
(1) If it is seen by Director-General that the application for a petty
patent does not comply with Sections 65 decies and 17 or the claimed invention is not protectible under Section 65 decies and 9, the Director-General shall refuse the grant of
a petty patent. The competent officer shall notify the applicant of such decision, by an
acknowledgement registered mail or by any other method prescribed by the Director- General, within fifteen days from the date of the decision.
(2) If it is seen by the Director-General that the application for a
petty patent is in compliance with Sections 65 decies and 17 and the claimed invention
is protectible under Section 65 decies and 9, the Director-General shall order that the invention is to be registered and a petty patent granted to the applicant. The competent officer shall notify the applicant to pay for the fees for the grant of a petty patent and for
the publication in accordance with the procedures and period of time prescribed in
Sections 65 decies and 28 (2).
The petty patent shall be in the form prescribed by the Ministerial Regulations.
Section 65 sexies Within one year from the publication of the registration of the invention and the grant of a petty patent, any interested person may request the
competent officer to examine whether or not the invention for which a petty patent has been granted satisfies the conditions under Section 65 bis.
After the receipt of the request under the first paragraph, the competent officer shall examine the application as to substance and submit the examination report to the Director-General.
When the Director-General has considered the examination report and thinks that the invention satisfies the conditions under Section 65 bis, he shall so inform the person requesting for the examination and the owner of the petty patent within fifteen
days from the date of such decision.
In cases where the Director-General thinks that the invention does not satisfy the conditions under Section 65 bis, he shall order an examination of the case and notify the owner of the petty patent to submit a statement supporting his application within sixty
days from the date of receipt of the order. The Director-General may summon any
person to answer any question or to hand over to him any document or item. After the examination of the case if the Director-General thinks that the invention does not satisfy
the conditions under Section 65 bis, he shall submit his report to the Board to cancel the petty patent and shall notify the person requesting for the examination and the owner of
the petty patent within fifteen days from the date on which the order is made by the
Board.
Section 65 septies A petty patent shall have a term of six years from the date of filing of the application in the country. The term shall not include the period during which
the court proceedings are taken under Sections 65 decies and 16, 74 or 77 sexies.
The owner of a petty patent may request that the term of his petty patent be extended for two periods, each period shall be valid for two years, by submitting a
request to the competent officer within ninety days before the expiry date. If the request
is submitted within the said period, the petty patent shall be regarded as validly registered until it is otherwise ordered by the competent officer.
The request for extension of the term of a petty patent shall be in accordance
with the rules and procedures prescribed by the Director-General.
Section 65 octies The owner of a petty patent shall have the right to use the word “Thai Petty Patent”, its abbreviation or any foreign word of the same meaning on
the product, the container or package of the product, or in the advertisement of the product.
The indication under the first paragraph shall be accompanied by the number of
the petty patent.
Section 65 novies Any petty patent granted not in compliance with the provisions of Section 65 bis, 65 decies and Section 9, 10, 11 or 14, shall be invalid.
The invalidity of a petty patent under the first paragraph may be challenged by
any person. A petition to cancel an invalid patent may be submitted to the court by any interested person or the public prosecutor.
Section 65 decies The provisions of Sections 6, 8, 9, 10, 11, 12, 13, 14, 15, 16,
17, 18, 19, 19 bis, 20, 21, 22, 23, 25, 26, 27, 28, 35 bis, 36, 36 bis, 38, 39, 40, 41, 42, 43,
44, 45, 46, 47, 47 bis, 48, 49, 50, 50 bis, 51, 52, 53, and 55 in Chapter II concerning patents for inventions shall apply, mutatis mutandis, to Chapter III bis concerning petty patents.
CHAPTER IV BOARD OF PATENTS
.............................................................
Section 66(1) There shall be a “Board of patents” composed of the Under- Secretary of State for Commerce as Chairman, and not more than twelve qualified members in the fields of science, engineering, industry, industrial design, agriculture,
pharmacy, economics and law appointed by the Cabinet. At least six qualified members shall be from the private sector.
(1) as revised by the Patent Act (No.3) B.E. 2542
The Board may appoint any person to act as Secretary and as Assistant
Secretary.
Section 67 The members of the Board appointed by the Cabinet shall hold office for a term of two years.
When a member of the Board vacated his offices before the expiration in the
term of office or more members are appointed by the Cabinet where the term of office of
the existing appointed members has not expired, the newly appointed members shall remain in office only for the term of office of the incumbent.
A member whose term of office has expired may be reappointed by the Cabinet.
Section 68 A member appointed by the Cabinet vacates his office upon:-
(1) death;
(2) resignation;
(3) being discharged by the Cabinet;
(4) becoming bankrupt;
(5) becoming an incompetent or a quasi-incompetent person; or
(6) being imprisoned under a final judgement, except for a petty offense or an offense committed through negligence.
Section 69 At every meeting of the Board, there must be in attendance of not
less than one half of the total number in order to constitute a quorum. If the chairman is absent from any meeting, the Board shall elect one of its members to preside over the meeting.
Any decision of the meeting shall be taken by a majority of votes.
In voting, each member shall have one vote. In case of equality of votes, the presiding chairman shall have one additional vote as the casing vote.
Section 70(1) The Board shall have the following powers and duties:-
(1) as revised by the Patent Act (No.3) B.E. 2542
(1) to give advice or consultation to the Minister in issuing the Royal Decrees and Ministerial Regulations under this Act;
(2) to decide any appeal made against any order or decision of the Director-General on patents or petty patents under sections 41, 45, 49,
50, 55, 65 sexies or Section 65 decies and Section 72;
(3) to act on other matters as stipulated in this Act;
(4) to consider any other matter on patents or petty patents as assigned by the Minister.
Section 71 The Board shall have the power to appoint subcommittees to consider and advise the Board. The provisions of Section 69 shall apply, mutatis mutandis, to the meeting of subcommittees.
Section 72(1) Where an order or a decision is made by the Director-General
under Sections 12, 15, 28, 30, 34, 49, 50 or Section 61, or Section 65 and Sections 12,
15, 28, 33, or 34 and Section 65 quinquis or 65 sexies or 65 decies and Section 12, 15,
49 or 50, any interested person under the said Section may make an appeal to the
Board within sixty days following the receipt of such order or decision. If he fails to do so within such period, the order or decision of the Director-General shall be final.
An appeal under the preceding paragraph must be submitted to the competent officer. If there are two parties, a copy of the appeal must be sent to the other party.
Section 73(2) In considering an appeal against the order or decision of the
Director-General or a report of the Director-General made under Section 55 or 65 sexies
or a report of the Director-General under Section 43 or 65 decies and Section 43
suggesting a cancellation of patent or a petty patent, the Board may require the
opposing party, the applicant, the patentee, the owner of a petty patent, the applicant
(1) as revised by the Patent Act (No.3) B.E. 2542
(2) as revised by the Patent Act (No.3) B.E. 2542
for examination of a petty patent, or the licensee, as the case may be, to submit any evidence or additional statement in accordance with the rules prescribed by the Board.
Section 74(3) Where a decision or an order is made by the Board under Section
41, 43, 49, 50, 55 or 65 sexies, 65 decies and Section 41, 43, 49, 50, 55 or 72, the appellant and the other party, the patentee, the owner of a petty patent or the licensee,
as the case may be, shall be notified of such decision or order. Any party dissatisfied with the decision or order may appeal to the Court within sixty days from the receipt of
such notification. If he fails to do so, the decision of the Board shall be final.
In considering or giving a judgement under this Act, the Court shall not order the
Board or the Director-General to pay for any fee on behalf of the other party.
CHAPTER V MISCELLANEOUS
..................................................
Section 75(1) No person without the rights under this Act shall use the words
“Thai Patent”, “Thai Petty Patent” or its abbreviation or foreign words of the same meaning on any product, container or package of a product or in advertising any invention or design.
Section 76(2) No person except a person who has filed an application for a patent or a petty patent that is pending, shall use the words “Patent Pending”, “Petty Patent Pending” or any other word of a same meaning on any product, container or package of a product or in advertising any invention or design.
(3) as revised by the Patent Act (No.3) B.E. 2542
(1) as revised by the Patent Act (No.3) B.E. 2542
(2) as revised by the Patent Act (No.3) B.E. 2542
Section 77(3) In a civil case in respect of the infringement of the rights of the
owner of the owner of a patent or petty patent where the subject matter of the patent or petty patent is a process for obtaining a product, if the owner of the patent or petty
patent can prove that the defendant’s product is identical or similar to the product obtained by the process under the patent or petty patent, it shall be presumed that the defendant has used the process under the patent or petty patent unless the defendant can prove otherwise.
Section 77 bis(4) In case there is clear evidence that any person is committing or about to commit any act in infringement of the rights of the owner of a patent or petty
patent under Section 36, 63 or Sections 65 decies and 36, the owner of the patent or
petty patent may request the court to order the person to stop or refrain from committing such infringement. The order of the court shall not deprive the owner of the patent or
petty patent to claim damages under Section 77 ter.
Section 77 ter(1) In case of an infringement of the rights of the owner of a patent
or petty patent under Section 36, 63 or Sections 65 decies and 36, the court shall have
the power to order the infringer to pay the owner of the patent or petty patent damages
in an amount deemed appropriate by the court, taking into consideration the gravity of
the injury including the loss of benefits and expenses necessary to enforce the rights of
the owner of the patent or petty patent.
Section 77 quarter(2) All goods in the possession of the infringer which infringe
the rights of the owner of a patent or petty patent under Section 36, 63 or Sections 65
decies and 36 shall be confiscated. If the court thinks fit, it may order the destruction of
the goods or other measures to prevent further distribution of the goods.
(3) as revised by the Patent Act (No.3) B.E. 2542
(4) as revised by the Patent Act (No.3) B.E. 2542
(1) as revised by the Patent Act (No.3) B.E. 2542
(2) as revised by the Patent Act (No.3) B.E. 2542
Section 77 quinquies(3) Any person who applies and jointly applies for both a
patent and a petty patent for the same invention not in compliance with Section 65 ter shall be deemed to have applied for a petty patent.
Section 77 sexies(4) If two or more persons have separately or independently made the same invention and one of them has made an application for a patent while
the other person has applied for a petty patent:
(1) the applicant who is the first to file for a patent or petty patent shall be entitled to a patent or petty patent;
(2) if the applications for a patent and petty patent have been
filed on the same date, the competent officer shall notify the applicants to agree whether
the grant should be made to one of them or all of them jointly and whether it should be
an application for a patent or petty patent. If no agreement is reached within the period prescribed by the Director-General, they may bring the case to the Court within ninety days to do so within such period, they shall be deemed to have abandoned their applications.
Section 77 septies(1) Within ninety days following the date of publication under Section 28 or the date of publication of the registration of an invention and the grant of a petty patent for any invention, the applicant for a petty patent, the owner of a petty
patent, the applicant for a patent or the patentee who thinks that the registration of the invention and the grant of the patent or petty patent may not be in conformity with the provisions of Section 65 ter for the reason that the invention is the same invention belonging to him and he has applied for a petty patent or a patent on the same date on which such application for a patent or a patent was filed may request the competent
officer to examine whether or not such application for a patent or a petty patent is in compliance with the provisions of Section 65 ter.
(3) as revised by the Patent Act (No.3) B.E. 2542
(4) as revised by the Patent Act (No.3) B.E. 2542
(1) as revised by the Patent Act (No.3) B.E. 2542
After the receipt of the request under the first paragraph, the competent officer shall make the examination and submit his examination report to the Director-general.
When the Director-General has considered the examination report under the second paragraph and sees that the registration of the invention and the grant of a
patent or a petty patent is not in compliance with the provisions of Section 65 ter due to
the fact that it is the same invention and the application for a patent or a petty patent
was filed on the same date with the date of application of the person requesting for the examination, the Director-General shall notify the applicant for a patent or the owner of
the petty patent and the person requesting for the examination to agree on the person who would solely have the rights in the invention or they would jointly hold the rights. If
no agreement is reached within the period prescribed by the Director-General, they
shall be regarded as jointly holding the rights in the invention.
Section 77 octies(1) Any patent or petty patent granted not in compliance with
the provisions of Section 65 ter shall be invalid.
The invalidity under the first paragraph may be challenged by any person.
If the registration of an invention and the grant of a patent or petty patent is not in compliance with the provisions of Section 65 ter and the application for a patent and a
petty patent for the invention were filed on the same date, the patentee, the owner of the petty patent, any other interested person or the public prosecutor may request the
Director-General to notify the patentee and the owner of the petty patent to agree that
the invention is to be the subject of either a patent or a petty patent. If no agreement is reached within the period prescribed by the Director-General, the patentee and the
owner of the petty patent shall be regarded as the joint owners and the invention is the subject of a petty patent.
(1) as revised by the Patent Act (No.3) B.E. 2542
Section 78(2) The owner of a patent, a petty patent or a licensing certificate may apply for a substitute thereof in accordance with the requirements and procedures as prescribed in the Ministerial Regulations if the patent, petty patent or certificate is lost or substantially damaged.
Section 79 All applications, oppositions, answers to oppositions and appeals made under this Act shall be in the forms and in the required number of copies as prescribed by Director-General.
Section 80(3) A fee as prescribed by the Ministerial Regulations shall be paid for each application for a patent, an application for a petty patent, the publication of an application for a patent, request for examination of patent, opposition to the grant of a patent, patent, application for the registration of a license contract, application for the assignment of a patent, or petty patent, application for conversion of a patent or a petty patent, application for the extension of the term of a petty patent, application for an entry
to be made in a patent or petty patent that any person may apply for a license under the patent or petty patent, application for a license, a licensing certificate, appeal against an order or a decision of the Director-General, duplicate of a patent or a patent or a
licensing certificate, any other request or application and the making or a copy of any document and certification of any document.
CHAPTER VI OFFENSES
...........................................................
Section 81(1) Any official who violates Section 21 or Section 23 paragraph two or
Section 65 and 21 or Sections 65 decies and 21 or 23 paragraph two of this Act shall be
(2) as revised by the Patent Act (No.3) B.E. 2542
(3) as revised by the Patent Act (No.3) B.E. 2542
(1) as revised by the Patent Act (No.3) B.E. 2542
punished with imprisonment not exceeding two years or a fine not exceeding two hundred thousand baht or both.
Section 82(2) Any person who violates Section 22 or Sections 65 and 27 or
Sections 65 decies and 22 punished with imprisonment not exceeding six months or a fine not exceeding twenty thousand baht or both.
Section 83(3) Any person who violates Section 23 paragraph two or Section 65 decies and 23 paragraph two of this act shall be punished with imprisonment not exceeding one year or a fine not exceeding fifty thousand baht or both.
Section 84 Any person who violates Section 75 or Section 76 of this Act shall be punished with imprisonment not exceeding one year or a fine not exceeding two
hundred thousand baht or both.
Section 85(1) Any person who commits any act under Section 36 or 63 without
the permission of the patentee shall be punished with imprisonment not exceeding two years or a fine not exceeding four hundred thousand baht or both.
Section 86(2) Any person who commits any Act under Sections 65 decies and
36 without the permission of the owner of a petty patent shall be punished with imprisonment not exceeding one year or a fine not exceeding two hundred thousand baht or both.
Section 87(3) Any person, in order to obtain a patent, applies for a patent for an invention or design or a petty patent, presents or gives a false statement shall be
(2) as revised by the Patent Act (No.3) B.E. 2542
(3) as revised by the Patent Act (No.3) B.E. 2542
(1) as revised by the Patent Act (No.3) B.E. 2542
(2) as revised by the Patent Act (No.3) B.E. 2542
(3) as revised by the Patent Act (No.3) B.E. 2542
punished with imprisonment not exceeding six months or a fine not exceeding five thousand baht or both.
Section 88 Where an offender punishable under this Act is a juristic person, the persons in charge or representatives of the juristic person, except those who can prove
that such offense was committed without their knowledge or consent, shall also be liable
to the penalties prescribed by law for the offence.
LIST OF THE MAXIMUM FEES
(1) An application for a patent
1,000
Baht
(2) Applications for design patents for the same design which are filed at
the same time in a number of ten or
more applications 10,000
| (3) |
Publication
of a patent application |
500 |
| (4) |
A request
for patent examination |
500 |
| (5) |
An opposition
to a patent application |
1,000 |
| (6) |
A patent
or petty patent |
1,000 |
| (7) |
Annual
fees for invention patents: |
|
fifth year 2,000 sixth year 4,000 seventh year 6,000 eighth year 8,000 ninth year 10,000 tenth year 12,000 eleventh year 14,000 twelfth year 16,000 thirteenth year 18,000 fourteenth year 20,000 fifteenth year 30,000 sixteenth year 40,000 seventeenth year 50,000 eighteenth year 60,000 nineteenth year 70,000 twentieth year 80,000
or payment of all annual fees in one
(8) Annual fees for design patents:
fifth year 1,000 sixth year 2,000 seventh year 3,000 eighth year 4,000 ninth year 5,000 tenth year 6,000
or payment of all annual fees in one
(9) Annual fees for petty patents:
fifth year 2,000
sixth year 4,000
or payment of all annual fees in one
(10) Fees for the extension of the term of petty patents:
first extension 14,000
second extension 22,000
(11) An application for the registration of a license 500
(12) An application to record the assignment
of a patent or petty patent 500
(13) An application for conversion of a patent
or petty patent 500
| (14) |
A
licensing certificate |
1,000 |
| (15) |
A substitute
of a patent, petty patent or |
|
licensing certificate 100
(16) An appeal against an order or decision
of the Director-General 1,000
(17) Copies of documents, each page 10
(18) Certifying copies of documents
of more than ten pages, each page 100
of not more than ten pages, each page 10
(19) Any other application 100
MINISTERIAL REGULATIONS
No. 21 (B.E. 2542)
Issued under the Patent Act B.E. 2522
..............................................................
By virtue of the power granted under Sections 4, 17, 20, 33, 59 and 65 of the
Patent Act B.E. 2522 and Sections 65 quarter, 65 quinquies and 65 decies of the Patent
Act B.E. 2522 as amended by the Patent act (No.3) B.E. 2542, the Minister of Commerce hereby issues the Ministerial Regulations as follows:
Clause 1 The following shall be repealed:
(1) Ministerial Regulations No. 11 (B.E. 2535) issued under the Patent Act B.E. 2522;
(2) Ministerial Regulations No. 13 (B.E. 2535) issued under the Patent Act B.E. 2522.
PART 1
APPLICATIONS FOR PATENTS FOR INVENTIONS
Clause 2 In applying for a patent for an invention, the applicant shall file the application, in the form prescribed by the Director-General, with the competent officer or send the application by registered mail to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed
by the Director-General.
The application under the first paragraph shall be filed together with a
description of the invention, claims and an abstract. And if it is necessary for the better understanding of the invention, the applicant shall also submit drawings together with
the application.
For the purpose of this Clause, in the case where the claimed invention relates to
a new microorganism, a description shall mean a certificate of deposit of such microorganism and/or a document describing the nature and characteristics of such microorganism issued by any one of the genebanks announced from time to time by the Department of Intellectual Property.
The applicant shall submit the documents prescribed in the second paragraph
in triplicate or in such number as may be prescribed by the Director-General but not exceeding five copies. In the case where the applicant is required to submit any document other than stated above, the applicant shall submit such document in the same number of copies, except it is permitted by the Director-General.
Clause 3 The description shall state the title of the invention as it appears in the application and shall:
(1) state the nature and purposes of the invention;
(2) specify the technical field to which the invention relates;
(3) indicate the related background art which can be regarded as useful
for the understanding, searching and examination of the invention and cite the relevant documents, if any;
(4) disclose the invention in a full, clear and concise manner in terms
that will enable a person of ordinary shall in the art to which it pertains to make and use
the invention;
(5) briefly describe the figures in the drawings, if any;
(6) set forth the best mode contemplated by the inventor for carrying out
the invention by providing, where necessary, examples, the related background art and drawings;
(7) show in what way the invention is applicable in industry, handicrafts, agriculture or commerce if that is not obvious from the nature of the invention.
The manner and order specified in the preceding paragraph shall be followed
except when a different order would result in a better understanding but in every case
the appropriate heading shall be given.
Clause 4 Claims shall state in clear and concise manner, consistent with the description under Clause 3, those features of the invention for which protection is sought.
If there are drawings, the claim may refer to a technical features of the invention
by stating the reference number or symbol indicated in the drawings in the parenthesis following the statement describing such technical feature.
If a single claim cannot adequately cover all the technical features of the invention, two or more independent claims of the same category may be made in a single application.
Dependent claims, if desired, shall follow the independent claim and shall state
the additional features claimed. References to independent or dependent claims shall
be made in the alternative only.
For the purpose of this clause, an independent claim shall mean a claim which does not refer to features contained in other claims and dependent claims shall mean those which, while including additional features, refer to features contained in independent claims or in other dependent claims.
Clause 5 An application containing claims as described below shall be construed as relating to a single invention:
(1) in addition to an independent claim for a product for which protection
is sought, other independent claims setting forth the process a manufacture and use of
the product.
(2) In addition to an independent claim for a process for which
protection is sought, claims for the means and/or apparatus for carrying out process.
Clause 6 The abstract shall, in accordance with rules prescribed by the
Director-General, consist of a summary of the disclosure as contained in the description, claims and any drawings, if any; and the summary shall briefly indicate each main
technical feature and shall be drafted in a way which allows better understanding of the
technical problem and its solution through the invention and the use of the invention.
Clause 7 The drawings shall be clear, consistent with the description and in compliance with the principles on drawings.
For the purpose of this Clause, drawings shall also mean plans and charts.
Clause 8 In an application for a patent for an invention the essential features or particulars of which have been disclosed at an international exhibition or official
exhibition or at an exhibition in Thailand sponsored or authorized by a government
agency, the applicant shall set forth the date of the disclosure, and/or date of the opening of the exhibition. The applicant shall file together with the application a
certificate issued by government, service or authority responsible for organizing or authorizing the exhibition, as the case may be, stating the essential features or particulars of the invention were disclosed or that the invention was displayed.
The certificate under the first paragraph shall also state the opening date of the exhibition and the date of disclosure or display.
Clause 9 An application in respect of inventions for which a foreign application
for a patent or petty patent has been made shall contain the following information:
(1) the filing date of the application for a patent or petty patent;
(2) the number of the application;
(3) the symbol, if any, of the International Patent Classification which has been allocated to the application;
(4) the name of the country and receiving office where the application
for a patent or petty patent was filed;
(5) the date of each request for a search or examination and the name of the country and office where the request was filed;
(6) the result of the search or examination in the event a report or result
has been received from the office or institution that did the search or examination;
(7) the status of the application as required in the application form. If a patent or petty patent granted, the number of such patent or petty patent shall also be indicated.
Clause 10 In applying for a patent for an invention for which a patent or petty
patent has been applied in a foreign country within twelve months following the first filing date in the foreign country and the applicant desires to claim the first foreign filing date
as the filing date in the country under Section 19 bis, the applicant shall submit another
application in the form prescribed by the Director-General at the time of the application
or before the publication of the application which shall be not later than sixteen months following the first foreign filing date. In such a case, the applicant shall also submit a
copy of the application for a patent or petty patent filed in the foreign country which
indicates the filing date and the details of the application and is certified by the patent office where the application was filed.
Clause 11 An inventor who does not wish his name to be revealed in the publication of an application or in the patent may so notify the Director-General at least thirty days prior to publication of the application or issue of the patent, as the case may
be.
Clause 12 All applications and documents submitted with the application shall
(1) contain all the information, accurate, clear and complete, required by the forms;
(2) be printed or typed in Thai including descriptions, claims and abstracts;
In the case where the applicant has filed an application for a patent or petty
patent in a foreign country, the applicant may request to submit the description of the invention, claims and abstract in the foreign language of the original application. In such
a case, the applicant shall submit the description of the invention, claims and abstract in
Thai which is accurate and corresponding to the original application within ninety days following the filing of the application.
If the applicant fails to submit the document in Thai within the prescribed period,
he shall be regarded to have filed the application on the date on which the document in
Thai is submitted.
(3) be signed by the applicant, opposer, respondent or appellant, as the case may be, or by the registered agent in the event a power of attorney has been
granted under Clause 11 or 12
Clause 13 Where the applicant, opposing party, respondent or appellant is not
a resident of Thailand, he shall appoint an agent registered with the Director-General to
act for him in the country. The power of attorney shall be filed with the Director-General. The power of attorney under the preceding paragraph shall be certified by the
Thai diplomatic representative, commercial counselor, trade commissioner, commercial
attach or consul of such country or be certified by an officer empowered by the law of
the country in which the grantor resides to certify signatures.
Clause 14 If an applicant resident in the country wishes to be represented by
an agent, he may appoint only an agent registered with the Director-General.
Clause 15 Any power of attorney or certification under clause 13(1) in a foreign language shall be accompanied by a Thai translation certified by the translator and
agent to be accurate translation of such power of attorney and certification.
Clause 16 If the applicant wants to amend his application for a patent which does not enlarge the scope of the invention, he shall make a request before the publication of the application, except it is authorized by the Director-General.
PART 2
APPLICATIONS FOR PATENTS FOR DESIGNS
Clause 17 An application for a design patent shall be filed together with a representation of the design and a claim.
Clause 18 Applications shall be on the forms prescribed by the Director- General and shall:
(1) state the number of design representations, and
(2) designate the product for which the industrial design is to be used and its class under the classification published by the Minister.
Clause 19 The representation may consist of photographs or drawings which shall show all the features of the product for which protection is sought.
The representation shall be in black and white or if the design is in color, the
representation shall also be in color.
Clause 20 A description of the design, not exceeding one hundred words, may
be included with the application.
Clause 21 Only one claim shall be made in each application.
Clause 23 Clauses 2 paragraphs one and four, Clause 4 paragraph one, Clauses 7, 9, 11, 12, 13, 14, 15 of Part 1 on Applications for Patents for Invention shall apply, mutatis mutandis, to design applications.
PART 3
APPLICATIONS FOR PETTY PATENTS
Clause 24 Clause 1 to 16 of Part I on Applications for Patents for Inventions shall apply, mutatis mutandis, to applications for petty patents.
Clause 25 The number of claims in each application for a petty patent shall not exceed ten claims.
PART 4
FORMS OF PATENTS AND PETTY PATENTS
Clause 26 Patents for inventions shall be in Form PI/200-B attached to the
Ministerial Regulations.
Clause 27 Patents for designs shall be in Form PD/200-B attached to the
Ministerial Regulations.
Clause 28 Petty patents for designs shall be in Form PP/200-B attached to the
Ministerial Regulations.
Given on September 24, 1999
(sign) Paitoon Kaewtong
(Mr.Paitoon Kaewtong)
Deputy Minister of Commerce
Acting for the Minister of Commerce
Ministerial Regulations
No. 22 (B.E. 2542)
Issued under the Patent Act B.E. 2522
..............................................................
By virtue of the power granted under Sections 4, 24, 26, 27, 30 and 65 of the Patent Act B.E. 2522 and Sections 28, 65 quarter, 65 quinquies and 65 decies of the Patent Act B.E. 2522 as amended by the Patent act (No.3) B.E. 2542 and Section 44 of
the Patent Act (No.3) B.E. 2542, the Minister of Commerce hereby issues the Ministerial
Regulations as follows:
Clause 1 The following shall be repealed:
(1) Ministerial Regulations No.3 (B.E. 2523) issued under the Patent Act
B.E. 2522;
(2) Ministerial Regulations No.16 (B.E. 2535) issued under the Patent
Act B.E. 2522.
Clause 2 In processing an application for a patent for an invention or a petty patent to submit an examination report to the Director-General under Section 28 or 65
quinquies, as the case may be, the competent officer shall examine the application for a patent or petty patent as follows:
(1) the request form, the description, the claims, the drawings (if any)
and the abstract comply with the Ministerial Regulations issued under section 17 or 65
decies and 17, as the case may be;
(2) the invention is not unpatentable under Section 9 or 65 decies and 9,
as the case may be;
(3) the applicant has the right to apply for a patent under Sections 10,
11, 14 or section 15 paragraph 1 or 2 or the right to apply for a petty patent under
Sections 65 decies and 10, 11, 14 or section 15 paragraph one or two, as the case may be;
(4) the applicant has the right to be granted a patent or petty patent
under Section 16 or 65 decies and 16, as the case may be;
(5) the invention for which a patent or petty patent is applied is not the same invention which a patent or petty patent was applied in the country under Section
65 ter before the filing date, as the case may be;
(6) the invention for which a petty patent is applied is so linked as to form a single inventive concept.
Clause 3 In processing an application for a design patent to submit an examination report to the Director-General under Sections 65 and 28, the competent officer shall examine the application as follows:
(1) the request form, the claim, the design representations, the
description and other items (if any) comply with the Ministerial Regulations issued under section 59;
(2) the design is not unpatentable under Section 58;
(3) the applicant has the right to apply for a patent under Sections 65
and 10, 11, 14 or Section 15 paragraph one or two, as the case may be;
(4) the applicant has the right to be granted a patent under Sections 65
and 16.
Clause 4 If it is found from the examination of the application for a patent or petty patent, as the case may be, under Clause 2 that the applications are not in
compliance with the law or filed by more than one applicant, the competent officer shall proceed as follows:
(1) if the same invention has been applied or jointly applied for both a
patent and a petty patent, the applicant shall be notified that he is deemed to have applied for a petty patent in accordance with Section 77 quinquies;
(2) if the same invention was made by two or more persons separately
and independently and it has been applied for a patent by one applicant and applied for
a petty patent by another, all applicants shall be notified that the applicant who is the first to file is to be entitled to a patent or petty patent, as the case may be;
(3) if the same invention was made by two or more persons separately
and independently and it has been applied for a patent by one applicant and applied for
a petty patent by another on the same date, all applicants shall be notified to reach an agreement within ninety days following the receipt of the notification.
The notification under the first paragraph shall be in writing and sent by acknowledgement mail or any other procedure prescribed by the Director-General.
Clause 5 Where it appears that the application for a patent or petty patent does
not comply with clause 2 (1) or 3 (1) or the invention is party unpatentable under Section
9 or Sections 65 decies and 9, the competent officer shall submit an examination report
to the Director-General for requiring the applicant to amend the application within the prescribed period.
Clause 6 Where it appears that the invention for which a patent or a petty patent is applied as the case may be, is unpatentable under Section 9 or Section 65
decies and 9, or the design for which a patent is applied is unpatentable under section
58, or the application for a patent or petty patent does not comply with Clause 2 (3) or 3
(3), the competent officer shall submit an examination report to the Director-General for rejecting the application for a patent or petty patent.
Before rejecting the application under the first paragraph, the Director-General may instruct the applicant to answer any question or to amend the application for a
patent or petty patent.
Clause 7 Where a request for amendment is made by the applicant pursuant to
Clause 5 or 6 paragraph two or under the Ministerial Regulations issued under Section
20 or Sections 65 and 20 or Section 65 decies and 20, as the case may be, the competent officer shall examine such amendment whether it complies with the requirement or the Ministerial Regulations.
Clause 8 Where it appears that the application for a petty patent does not
comply with Sections 65 decies and 18, the competent officer shall instruct the applicant
to separate the application into a number of applications by amending the original application to relate to a single invention and filing separate applications for the other inventions.
The applications separated under the first paragraph shall comply with the requirements for a normal application for a petty patent and shall not enlarge the scope
of the scope of the invention disclosed in the original application. In such a case, the applicant shall not be required to submit additional written evidence showing that he is entitled to apply for a petty patent.
Clause 9 Where the Director-General finds, on the basis of the examination report submitted by the competent officer, the application for a patent or petty patent does not comply with the provisions of the law and reject the application under Section
28 (1), Sections 65 and 28 (1), or Section 65 quinquies (1), as the case may be, the competent officer shall notify the applicant of such decision and publish it by placing the decision in an open area within the Department Intellectual Property, Ministry of
Commerce for at least thirty days.
The publication of the decision referred to in the first paragraph shall indicate at least the following particulars:
(1) the number of the application and date of application;
(2) the name of the applicant and the agent (if any);
(3) the name of the inventor or creator, and the title of the invention or design;
(4) the reasons of the rejection.
The notification under the first paragraph shall be in writing and sent by acknowledgement mail or any other method prescribed by the Director-General.
Clause 10 In the case where the Director-General has, on the basis of the examination report submitted by the competent officer, order the publication of the application for a patent or the registration of an invention and the grant of a petty patent under Section 28 (2), Sections 65 and 28 (2) or Section 65 quinquies (2), as the case
may be, when the applicant has paid the fees within the prescribed period, the
competent officer shall publish the application or the registration of the invention and the grant of the petty patent in the Patent Applications Publication Gazette or the
Registration of Inventions and Grants of Petty Patents Publication Gazette, as the case may be.
The publication under the first paragraph shall indicate at least the following particulars:
(1) the number of the application and date of application;
(2) the name of the applicant and the agent (if any);
(3) the name of the inventor or creator, and the title of the invention or design;
(4) the date of publication;
(5) other particulars as the Director-General deems appropriate.
Clause 11 Where an application has been published in accordance with
Section 28 (2) or Sections 65 and 28 (2) and the applicant has filed a request for examination pursuant to Section 29 or there is an opposition that the invention or design claimed in the application does not comply with the provisions of Section 5 or 56 or
where a request for examination of the invention for which a petty patent is applied under Section 65 sexies, the competent officer shall examine the application as to substance as follows:
(1) whether the subject matter of the invention or design claimed
in the application was disclosed or described in any document or printed matter forming part of the documentation collected for the purpose of examining patent applications;
(2) whether the subject matter of the invention claimed in the application was that was applied for a patent or petty patent in the country and in a foreign country and was published before the application was filed in the country.
The Director-General may, where he deems appropriate, require the competent officer to examine whether the claimed invention satisfies the conditions set forth in
Section 5, 56 or 65 bis other than those specified in (1) and 2.
Clause 12 After the publication of the application under Clause 10, the
competent officer shall examine whether or not the application is seeking protection for several inventions or designs, which does not comply with the provisions of Section 18
or 60. In this case, the provisions of Clause 8 shall apply mutatis mutandis.
Clause 13 In the case where the applicant has applied for a patent for the claimed invention in a foreign country, the applicant, when he has received the
examination report or any document showing the result of the examination, shall submit
such report or document together with its translation in Thai within ninety days from the date of receipt of such report or document.
If the applicant has applied for patent in two foreign countries or more, he shall submit the examination report or document issued by the first country he filed his application or the country prescribed by the Director-General.
The examination report or document showing the result of the examination shall indicate the office or organization issuing such report or document, the name of the applicant, the filing date of the application, the symbol of the International Patent Classification which has been allocated to the application, the field of art in which the application has been examined and relevant documents showing the prior art and which should be considered, and shall also specify whether the claimed invention satisfies the requirements prescribed by the law of that country or not, whether the description
complies with the law of that country or not, whether protection under the law of that country should be granted to the claims or not, and state the reasons of the decision.
The documents under the first and second paragraphs shall be filed with or sent
by registered mail to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed
by the Director-General.
Where the examination report or document showing the result of the examination does not comply with paragraph 3 of this Clause, the Director-General may, of
requested by the applicant, allow the applicant to submit such a report or document.
Clause 14 Where the applicant wants to convert his application from an application for a patent to an application for a petty patent or from an application for a petty patent to an application for a patent, as the case may be, the applicant shall
submit an application for such conversion in the form as prescribed by the Director- General to the competent officer or send the application by registered mail to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed
by the Director-General.
The application for conversion under the first paragraph shall consist of the documents forming the application for a patent or petty patent prescribed by the Ministerial Regulations issued under Section 17 or Sections 65 decies and 17, as the case may be.
The applicant for conversion under the first paragraph shall not be entitled to refund an excess amount of the fees already paid.
Clause 15 The application for invention patents filed before the entry into force
of these Ministerial Regulations upon which the Director-General has not made his order under Section 33 or 34 shall be processed in accordance with these Ministerial Regulations.
Clause 16 The applications for invention patents filed before the entry onto
force of the Patent Act (No.3) B.E. 2542 proposed to be converted to the other type of application shall comply with Clause 10 of these Ministerial Regulations.
Given on September 24, 1999
(sign) Paitoon Kaewtong
(Mr.Paitoon Kaewtong)
Deputy Minister of Commerce
Acting for the Minister of Commerce
(Government Seal)
PI/200-B
Patent for Invention
By virtue of the power granted under the Patent Act B.E. 2522, the Director- General of the Department of Intellectual Property issues this Patent to:
........................................................
........................................................
........................................................
for the invention of which the description, claims, and drawings (if any) are herein contained:
Application Number ............................................................ The Filing Date of the Application .......................................... The Name of the Inventor ..................................................... The Title of the Invention ......................................................
The patentee shall have all the rights and obligations under the Law on Patents. Issuance Date ..............................
Expiry Date ..............................
(Signed) ..............................
Director-General, Department of Intellectual Property
Issuing Officer
SEAL
Competent Officer .....................
DESCRIPTION
CLAIMS
DRAWINGS (IF ANY)
(Government Seal)
PD/200-B
Patent for Design
By virtue of the power granted under the Patent Act B.E. 2522, the Director- General of the Department of Intellectual Property issues this Patent to:
........................................................
........................................................
........................................................
for the product design of which the claim and design representations are herein contained:
Application Number ............................................................ The Filing Date of the Application .......................................... The Name of the Creator ...................................................... The Title of the Design .........................................................
The patentee shall have all the rights and obligations under the Law on Patents. Issuance Date ..............................
Expiry Date ..............................
(Signed) ..............................
Director-General, Department of Intellectual Property
Issuing Officer
SEAL
Competent Officer .....................
DESIGN REPRESENTATIONS
CLAIM
(Government Seal)
PP/200-B
Petty Patent
By virtue of the power granted under the Patent Act B.E. 2522 as amended by
the Patent Act (No.3) B.E. 2542, the Director-General of the Department of Intellectual
Property issues this Petty Patent to:
........................................................
........................................................
........................................................
for the invention of which the description, claims, and drawings (if any) are herein contained:
Application Number ............................................................ The Filing Date of the Application .......................................... The Name of the Inventor ..................................................... The Title of the Invention ......................................................
The owner of this petty patent shall have all the rights and obligations under the
Law on Patents.
Issuance Date .............................. Expiry Date ..............................
(Signed) ..............................
Director-General, Department of Intellectual Property
Issuing Officer
SEAL
DESCRIPTION
Competent Officer .....................
CLAIMS
DRAWINGS (IF ANY)
Ministerial Regulations
No. 23 (B.E. 2542)
Issued under the Patent Act B.E. 2522
.............................................................
By virtue of Section 4 of the Patent Act B.E. 2522 and Section 42 of the Patent
Act (No.3) B.E. 2542, the Minister of Commerce hereby issues the Ministerial
Regulations as follows:
Clause 1 The Ministerial Regulations No. 12 (B.E. 2535) issued under the
Patent Act B.E. 2522 shall be repealed.
Clause 2 The fees shall be as follows:
(1) An application for a patent for an
1,000 Baht
(2) An application for a patent for a
(3) An application for a petty patent
500 Baht
(4) Applications for design patents for the same design which are filed at
the same time in a number of ten or
more applications 4,500 Baht
(5) Publication of a patent application
500 Baht
(6) A request for patent examination
500 Baht
(7) An opposition to a patent application
500 Baht
(8) A patent or petty patent
1,000 Baht
(9) Annual fees for invention patents:
fifth year 2,000 Baht sixth year 2,400 Baht seventh year 3,200 Baht eighth year 4,400 Baht
ninth year 6,000 Baht tenth year 8,000 Baht eleventh year 14,000 Baht twelfth year 13,200 Baht thirteenth year 16,400 Baht fourteenth year 20,000 Baht fifteenth year 24,000 Baht sixteenth year 28,400 Baht seventeenth year 33,200 Baht eighteenth year 38,400 Baht nineteenth year 44,000 Baht twentieth year 50,000 Baht
or payment of all annual fees in one
(10) Annual fees for design patents:
fifth year 1,000 Baht sixth year 1,300 Baht seventh year 1,900 Baht eighth year 2,800 Baht ninth year 4,000 Baht tenth year 5,500 Baht
or payment of all annual fees in one
(11) Annual fees for petty patents:
fifth year 1,500 Baht sixth year 3,000 Baht
or payment of all annual fees in one
(12) Fees for the extension of the term of petty patents: first extension 12,000 Baht second extension 18,000 Baht
(13) An application for the registration of a
(14) An application to record the assignment
of a patent or petty patent 500 Baht
(15) An application for conversion of a patent
or petty patent 200 Baht
(16) A licensing certificate
1,000 Baht
(17) A substitute of a patent, petty patent or
licensing certificate 100 Baht
(18) An appeal against an order or decision
of the Director-General 1,000 Baht
(19) Certifying copies of documents
of more than ten pages, each document 100 Baht
of not more than ten pages, each page 10 Baht
(20) Any other application
100 Baht
For the purpose of this Clause, “ applications for design patents for the same
design which are filed at the same time in a number of ten or more applications” refer to applications for design patents for designs with identical main features and different
minor features.
Main features refer to design features with apparently distinctive characteristics. Minor features refer to design features without apparently distinctive
characteristics.
Clause 3 The annual fees prescribed in these Ministerial Regulations shall be
applicable to the patents granted before the entry into force of the Patent Act (No.3) B.E.
2542 until the expiration of the terms of such patents.
Given on September 24, 1999
(sign) Paitoon Kaewtong
(Mr.Paitoon Kaewtong)
Deputy Minister of Commerce
Acting for the Minister of Commerce
Ministerial Regulations
No. 24 (B.E. 2542)
Issued under the Patent Act B.E. 2522
.............................................................
By virtue of the power granted under Sections 4, 12, 13 and 65 of the Patent Act
B.E. 2522 and Section 65 decies of the Patent Act B.E. 2522 as amended by the Patent
Act (No.3) B.E. 2542, the Minister of Commerce issues the Ministerial Regulations as follows:
Clause 1 The following shall be repealed:
(1) Ministerial Regulations No. 5 (B.E. 2524) issued under the Patent Act
B.E. 2522;
(2) Ministerial Regulations No. 17 (B.E. 2535) issued under the Patent
Act B.E. 2522;
Clause 2 In these Regulations:
“employee” means a private employee, a government official or an employee of
a government organization or enterprise under Section 12 or 13 as the case may be;
“employer” means a private employer, a government agency, a government organization or enterprise under Section 12 or 13 as the case may be;
Clause 3 A request for remuneration may be made only after the patent for an invention or a design or the petty patent has been granted and in such a case, it shall
be made within one year after he learned of the grant of the patent or petty patent. In cases where the employee has a legitimate reason that he did not know that the patent
or petty patent was granted, he may file the request any time before the expiry of the
patent or petty patent.
In making a request under the first paragraph, the employee shall submit the request in the form prescribed by the Director-General in triplicate and shall give reasons as well as buttressing evidence, if any, and also specify the amount of
remuneration that he thinks should be awarded to him to the competent officer at any of
the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed
by the Director-General.
Clause 4 Where an invention is made by two or more employees jointly, the request for remuneration may be made jointly or separately.
Clause 5 The competent officer shall, within thirty days following the receipt of
the request, publish the request in an open area within the Department of Intellectual
Property, Ministry of Commerce, for at least thirty days, and shall notify in writing and
send a copy of the request to the employer and other employees who jointly invented or created with the employee who filed the request, if any.
Clause 6 If the employer thinks that the employee is not entitled to such remuneration or the amount of remuneration specified in the request is not appropriate
or has any other argument, he shall notify in writing and file evidence in support his case, if any, with the competent officer within ninety days following the receipt of the notification from the competent officer under Clause 5.
Within thirty days following the receipt of the notification of the employer under
the first paragraph, the competent officer shall notify in writing and also send a copy of
the notification of the employer and the submitted evidence (if any) to the employee. If
the employee disagrees with the employer, he shall submit the explanation and supporting evidence (if any) within ninety days following the receipt of the notification.
When the employee has submitted his explanation within the said period, the competent
officer shall record such in the request and submit the Director-General for consideration.
Clause 7 In cases where any act is not done within the period specified in
Clause 5 or 6 due to a cause of necessity, the Director-General may extend the said
period for no more than twice which shall not exceed thirty days for each extension, and shall specify the reasons for such extensions in his order.
Clause 8 In fixing the amount of remuneration under Section 12, paragraph 4 of
the Patent Act B.E. 2522, the Director-General shall also take the following matters in account:
(1) the nature of the employee’s duties;
(2) the diligence and skill which the employee has devoted to making
his invention or design;
(3) the diligence and skill which any other person has devoted to
making the invention or design jointly with the employee concerned, and the advice and other assistance contributed by any other employee who is not a joint-inventor or joint- creator;
(4) the assistance contributed by the employer to the making of the
invention or the creation of the design by the provision of property, advice, facilities, preparatory work or management in acquiring resources or services for the experimenting, developing or working of the invention or design;
(5) the benefits derived or expected to be derived by the employee from authorizing others to exploit the invention or design, including the assignment of the
patent to others;
(6) the total number of the employees who jointly made the invention or created the design.
Clause 9 In order to facilitate the fixing of the amount of remuneration, the Director-General may instruct the employee who filed the request or the employer to appear before him in order to answer any question, or to hand over to him any document or evidence.
Clause 10 The requests for remuneration filed before the entry into force shall
be executed in accordance with these Ministerial Regulations.
Given on September 24, 1999
(sign) Paitoon Kaewtong
(Mr.Paitoon Kaewtong)
Deputy Minister of Commerce
Acting for the Minister of Commerce
Ministerial Regulations
No. 25 (B.E. 2542)
Issued under the Patent Act B.E. 2522
..............................................................
By virtue of the power granted under Sections 4, 39 (1), 41 paragraph one, 42, and 65 of the Patent Act B.E. 2522 Section 39 (1) paragraph two of the Patent Act B.E.
2522 as amended by the Patent Act (No.2) B.E. 2535 and Section 65 decies of the Patent Act B.E. 2522 as amended by the Patent Act (No.3) B.E. 2542, the Minister of Commerce issues the Ministerial Regulations as follows:
Clause 1 The Ministerial Regulations No. 15 (B.E. 2535) issued under the
Patent Act B.E. 2522 shall be repealed.
Clause 2 In these regulations,
“Patent licence” means an agreement whereby the patentee licenses under
Section 38 or Sections 65 and 38 a licence to exercise the rights under Sections 36 and
37 or Section 65 and 37, as the case may be, for a fixed period of time whether or not remuneration or provisions relating to other matters are included,
“Petty Patent Licence” means an agreement whereby the owner of a petty patent licenses under Sections 65 decies and 38 a licensee to exercise the rights under
Sections 65 decies and 36 and 37 for a fixed period of time whether or not remuneration
or provisions relating to other matters are included,
“Licensee” means a person who has been licensed to exercise rights under a patent licence or a petty patent licence,
“Law on competition” means the law on pricing of goods and services, competition or anti-monopoly law or the prevention of unfair competition.
Clause 3 Whether or not a condition, restriction or remuneration in a patent licence or a petty patent licence is unjustifiably anti-competitive shall be considored on
each individual case of such a licence by examining the purpose or intent of the parties
whether they intend to cause unfair competition and the consequences derived or may derive from such a condition, restriction or remuneration and taking into account the judicial decisions, decisions of the Board of Patents and decisions of the committees appointed under the law on competition.
Where it appears to the Director-General that any patent licence or petty patent licence contains any of the following conditions, restrictions or remuneration, he shall consider whether or not such condition, restriction or remuneration is unjustifiably anti- competitive pursuant to Section 39 (1), Sections 65 and 39 (1) or Sections 65 decies
and 39 (1), as the case may be, by applying the criteria prescribed in the first
paragraph:
(1) a requirement that the licensee shall obtain all or part of the material
to be used in production from the patentee, the owner of a petty patent or from the distributor, designated or licensed by the patentee or the owner of a petty patent, whether or not such materials are obtained for value, unless it is proved that the
requirement is necessary for the effective working of the patent and the calculated value
is no higher than the price of materials of comparable quality obtainable from other sources;
(2) a prohibition against the licensee obtaining all or part of the materials
to be used in production from sellers designated by the patentee or the owner of a petty patent, as the case may be, unless it is proved that except for such prohibition the
working of the patent or petty patent would be ineffective or the materials cannot be
obtained from other sources;
(3) a condition or restriction on the licensee concerning the employment
of persons for manufacturing in which the licensed invention or design is used unless it
is proved such requirement is necessary for the effective working of the patent or petty patent;
(4) a requirement that the licensee shall sell or distribute more than half
his production to the patentee or persons designated by the patentee or the owner of
the petty patent;
(5) a requirement that the patentee shall appoint the patentee, the owner of the petty patent or persons designated by the patentee or the owner of the petty patent as the seller or distributor of all or part of his production;
(6) a restriction on the quantity of production, sale or distribution of the
licensee’s products;
(7) a prohibition on the export of the licensed products for sale or distribution in another country or a requirement that the licensee shall seek an
authorization from the patentee or the owner of the petty patent before the export of the licensed product for sale or distribution in another country unless the patentee or the
owner of the petty patent is also the patentee or the owner of the patent in such country
and has exclusively licensed another person to sell or distribute the patented products
in such country prior to the entering of the licence agreement with the licensee;
(8) a condition or restriction on the licensee concerning study, research, experimentation, analysis or development of the invention or industrial design;
(9) a condition or restriction on the licensee on the use of inventions or industrial designs of others apart from the licensed invention or industrial design;
(10) a requirement that the patentee or the owner of the patent shall have authority in fixing the selling price or marketing of the products manufactured;
(11) an exclusion or limitation of the liability of the patentee or the owner
of the patent for defects in the licensed invention or product design not easily checked
at the time of entering the license agreement;
(12) fixing the remuneration for the licence which is excessive or unfair when compared with the rates prescribed in the patentee’s license agreements with other licensees;
(13) other conditions in violation of the law on competition.
Clause 4 The following condition, restriction or remuneration shall be regarded
as being unjustifiably anti-competitive regardless of the criteria prescribed in Clause 3:
(1) a requirement that the licensee shall use other invention or design of
the patentee or the owner of the petty patent with remuneration for such use, unless it is proved that the requirement is necessary for the effective working of the patent or petty patent or the invention or design cannot be obtained from any other source in the
country and the remuneration is suitable with the benefits from such invention or design;
(2) a prohibition that the licensee shall not challenge or raise a defense that the patent is invalid pursuant to Section 54 or 64 or the petty patent is invalid
pursuant to Section 65 novies or Section 77 octies;
(3) a requirement that the licensee shall disclosed to the licensor any improvement of the licensed invention or design or allow the patentee to exclusively exploit such improved invention or design without providing for appropriate compensation for such exploitation;
(4) a requirement that the licensee shall pay remuneration for the use of
the licensed invention or design after the expiry of the patent or petty patent;
(5) a requirement that the licensee shall be subject to such a condition, restriction or remuneration regarded as being unjustifiably anti-competitive by the court,
the Board of Patents or the committees appointed under the law on competition.
Clause 5 In applying for the registration of a patent licence or a petty patent licence, the patentee or the owner of the patent shall summit an application in the form prescribed by the Director-General together with the licence to the competent officer or send by a registered mail to any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed
by the Director-General.
In filing the application under the first paragraph, the patentee or the owner of
the petty patent who does not reside in the country shall appoint an agent registered
with the Director-General to act on his behalf by submitting a power of attorney with the application as follows:
(1) In the case where the appointment is done in a foreign country, the power of attorney shall be certified by a competent officer of the Thai embassy or
consular office or head of the office attached to the Thai Ministry of Commerce in such country or any officer designated to act on behalf of the officer or certified by a person empowered by the law of such country to certify signatures; or
(2) In the case where the appointment is done in Thailand, a copy of the passport or certificate of temporary residence or other evidence to prove to the Director- General that the applicant is actually in Thailand when such appointment is done.
In the case where the patentee or the owner of the patent resident of Thailand wants to appoint another person to file the application on his behalf may appoint an
agent registered with the Director-General by submitting his power of attorney with the application
Clause 6 In applying for the registration of the assignment of a patent or a petty patent, the assignee shall submit an application in the form prescribed by the Director- General together with the assignment agreement to the competent officer or send by a registered mail to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed
by the Director-General.
In applying for the registration of the transfer of a patent or petty patent by succession, the heir of the patentee or the or the owner of the patent shall submit an application in the form prescribed by the Director-General together with the evidence of inheritance prescribed in the notifications of the Department of Intellectual Property to
the competent officer or send by a registered mail to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed
by the Director-General.
In filing the application under paragraph one or two and the applicant wants to appoint another person to act on his behalf, the provisions of Clause 5 paragraph two or three shall apply mutatis mutandis.
Clause 7 In considering the application for recordal under Clause 5 or 6, if the competent officer finds an application is not in order or the evidence is not complete, he shall notify the applicant to amend the application or submit additional document or
things or may summon the applicant or agent to give additional statements.
If the applicant fails to comply with the order of the competent officer under the first paragraph within ninety days following the receipt of such order, he shall be
deemed to have abandoned the application. In case of necessity, the Director-General
may extend such period as he deems appropriate.
When the competent officer has examined the application and thinks it completely complies with Clause 5 or 6, he shall submit his report to the Director- General.
Clause 8 If the Director-General finds that the application for recordal of a
patent licence or petty patent licence and supporting evidence is in order and complete under Clause 5 and the term of licence agreement are not contrary to the provisions of Section 39, Sections 65 and 39, Section 65 decies and 39 or other law, he shall direct
that it shall be recorded . If the Director-General finds that the application or evidence is
not in order or is not complete, he shall give an order refusing recordal.
In the event the Director-General finds that any provision of a patent licence or petty patent licence is contrary to the provisions of Section 39, Sections 65 and 39, Section 65 decies and 39 or other law, the matter shall be referred to the Board for consideration under Section 1 paragraph two, Sections 65 and 41 paragraph two or Section 65 decies and 41 paragraph two, as the case may be.
If the Director-General finds that an application to record an assignment or inheritance of a patent or petty patent and supporting evidence is in order and complete under Clause 6, he shall direct that it to be recorded. If the Director-General finds that
the application or supporting evidence is incomplete, he shall give an order to refuse such recordation.
The competent officer shall, without delay, inform the applicant of the Director- General’s order to record or not to record.
Clause 9 If the documents submitted under these Ministerial Regulations are in
a foreign language, the shall be accompanied by a translation into Thai certified correct
by the translator.
Given on September 24, 1999
(sign) Paitoon Kaewtong
(Mr.Paitoon Kaewtong)
Deputy Minister of Commerce
Acting for the Minister of Commerce
Ministerial Regulations No. 26 (B.E. 2542) Issued under the Patent Act B.E. 2522
.........................................................................
By virtue of the granted under Sections 4 and 45 of the Patent Act B.E. 2522, Section 46 paragraph three of the Patent Act B.E. 2522 as amended by the Patent Act
(No.2) B.E. 2535 and section 47, 47 bis, 50, 50 bis and 65 decies of the Patent Act B.E.
2522 as amended by the Patent Act (No. 3) B.E. 2542, the Minister of Commerce issues
the Ministerial Regulations as follows:
Clause 1 The Ministerial Regulations No.14 (B.E. 2535) issued under the Patent
Act B.E. 2522 shall be repealed.
Clause 2 Any patentee or owner of a petty patent who has not granted an
exclusive licence to any other person may request for an entry to be made in the register
of patents or petty patents indicating his consent to the effect that any other person may obtain a licence. The request together with a statement specifying that he shall not
withdraw such consent in the form prescribed by the Director-General to the competent officer or send by a registered mail to the competent officer at any of the following
places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed
by the Director-General.
Clause 3 When the patentee or the owner of a petty patent has filed the request under Clause 2 or the entry has been made in the register, the patentee shall not grant
any exclusive licence to any other person.
Clause 4 Where a request has been received, the competent officer shall examine the documents and evidence submitted to support the request. Where it does
not appear that the request sets any conditions for the granting of licences or the patentee or the owner of the petty patent has granted any exclusive licence, the competent officer shall submit his report to the Director-General.
In case where there are joint owners of the patent or petty patent and all joint owners have indicated their consents to grant licenses to any other person, the
competent officer shall record such consents in the request before submitting his report
to the Director-General.
Clause 5 When the Director-General has approved an entry into the register to
the effect that any other person may obtain a licence, the competent officer shall make such an entry in the patent register or the petty patent register and notify the patentee of
the decision and also publish the entry in an open area within the Department of
Intellectual Property, Ministry of Commerce, for at least thirty days.
Clause 6 Any person who wishes to obtain a licence under any patent or petty patent in respect of which an entry is made shall file an application in the form
prescribed by the Director-General to the competent officer or send by a registered mail
to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed
by the Director-General.
The application for a licence under the first paragraph shall set forth the proposed conditions, the restrictions on the rights and the amount of remuneration.
Clause 7 Within thirty days following the receipt of the application for a licence,
the competent officer shall notify the patentee or the owner of a petty patent of such application in writing and also send to him a copy of the application, and instruct him to respond in writing whether or not he agrees to the conditions, restrictions and amount of remuneration proposed by the applicant within ninety days following the receipt of the notification.
Clause 8 In cases where the patentee or the owner of a petty patent agrees to
the conditions, restrictions and amount of remuneration proposed by the applicant, the Director-General shall grant a licence under such conditions, restrictions and amount of royalty, and the competent officer shall notify the applicant and the patentee or the
owner of a petty patent of the decision.
Clause 9 If no agreement is reached by the patentee or the owner of a petty patent and the applicant, either because the patentee or the owner of a petty patent
disagrees to the conditions, restrictions and amount of remuneration proposed by the applicant or it appears that the patentee or the owner of a petty patent has received the notification from the competent officer but fails to respond within the period prescribed
in Clause 7, the Director-General shall instruct the patentee or the owner of a petty patent and the applicant to reach an agreement within the period prescribed by the Director-General. In cases where both sides fail to reach an agreement within the
prescribed period, the Director-General shall grant a licence to the applicant and fix the conditions, restrictions and amount of remuneration as he deems appropriate, taking
onto account the following matters:
(1) the importance of the invention;
(2) the status and nature of business of the applicant;
(3) the conditions, restrictions and amount of remuneration fixed for other licences.
(4) The benefits to be derived by the licensee from the invention;
(5) The benefits derived or expected to be derived by the patentee from the invention;
(6) The conditions, restrictions and remuneration as fixed by the Board
of Patents in its decisions.
Clause 10 Where an entry is made to the patent register or the petty patent register to the effect that any person may obtain licence, the annual fees in respect of
the patent or the petty patent register after the date of entry shall be reduced by one-half
Clause 11 Any person who wishes to obtain a licence pursuant to Section 46 or
Sections 65 decies and 46 shall file an application in the form prescribed by the Director-general with the competent officer or send by a registered mail to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed
by the Director-General.
In applying for a licence under the first paragraph, the applicant shall
(1) file evidence to show that, within three years following the grant of
the patent or petty patent, the patented product has not been produced or the patented process has not been applied in the country without any legitimate reason, or no
product produced under the patent or petty patent is sold in any domestic market or that such a product is sold but at unreasonably high prices or does not meet the public
demand, without any legitimate reason;
(2) file evidence to show that the applicant has made an effort to obtain
a licence from the patentee on the owner of a petty patent, as the case may be, having proposed conditions and remuneration reasonably sufficient under the circumstances
but unable to reach an agreement within a reasonable period;
(3) set forth the purposed scope and duration for the exploitation of the patent or petty patent, as the case may be, with the evidence to show that it is
appropriate under the circumstances;
(4) set forth the proposed remuneration, conditions for the exploitation of
the patent or petty patent and restrictions on the rights of the patentee or the owner of petty patent and his exclusive licensee under Section 48 paragraph two or Sections 65 decies and 48 paragraph two, as the case may be, and provide relevant information as
to remuneration for the exploitation of the invention for which a licence is applied on comparable inventions of others;
(5) provide relevant facts to show that the proposed licensing shall be
aimed predominately for the supply of the domestic market;
(6) file evidence showing the proposed plans for the manufacture, distribution or importation of the products covered by the patent or petty patent.
Clause 12 Any patentee or owner of a petty patent who wishes to obtain a licence under the patent of another person pursuant to Section 47 or petty patent of another person under Sections 65 decies and 47 shall file an application in the form prescribed by the Director-General with the competent officer or send by a registered mail to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed
by the Director-General.
In applying for a licence under the first paragraph, the applicant shall:
(1) show by the evidence that:
(a) the invention of the applicant involves an important
technical advance of considerable economic significance in relation to the invention for which the licence is applied;
(b) the patentee or the owner of a petty patent shall be entitled
to a croo-licence on reasonable terms;
(c) the applicant shall not assign his right in the licence to other persons except with the assignment of his patent or petty patent;
(1) the proposed remuneration, conditions for the exploitation of the patent or petty patent and restrictions on the rights of the patentee or the owner of a petty patent and his exclusive licensee under Section 48 paragraph two or Section 65 decies and 48 paragraph two, as the case may be,;
(2) the applicant agrees to cross-license his patent or petty patent to the
patentee or the owner of a petty patent;
(3) the applicant has made an effort to obtain a licence from the
patentee or the owner of a petty patent, having proposed remuneration and conditions reasonably sufficient under the circumstances but unable to reach an agreement in a reasonable period.
Clause 13 Any patentee or owner of a petty patent who wishes to obtain a
licence under a patent of another person under Section 47 bis or petty patent of another person under Sections 65 decies and 47 bis, as the case may be, shall file an
application in the form prescribed by the Director-General with the competent officer or send by a registered mail to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed
by the Director-General.
In applying for a licence under the first paragraph, the applicant shall:
(1) show by the evidence that:
(a) the invention of the applicant involves an important technical advance of considerable economic significance in relation to the invention for which the licence is applied;
(b) the applicant shall not assign his right in the licence to other persons except with the assignment of his patent or petty patent;
(1) the proposed remuneration, conditions for the exploitation of the patent or petty patent and restrictions on the rights of the patentee or the owner of a petty patent and his exclusive licensee under Section 48 paragraph two or Section 65 decies and 48 paragraph two, as the case may be;
(2) the applicant has made an effort to obtain a licence from the
patentee or the owner of a petty patent, having proposed remuneration and conditions reasonably sufficient under the circumstances but unable to reach an agreement in a reasonable period.
Clause 14 Where the Director-General has ordered that a licence be granted and the applicant has paid the fees, the competent officer shall issue a licensing certificate to the applicant and record the details of such licence in the register of patents or petty patents.
In the case where an appeal against the decision of the Director-General to the
Board of Patents is made by any party, when the Board has made a decision and granted a licence to the applicant and the fees paid by the applicant, the competent
officer shall issue a licensing certificate to the applicant and record the details of such licence in the register of patents or petty patents.
In the case where an appeal against the decision of the Board to the court is
made by any party, when the court has rendered a judgement granting a licence to the applicant and he has paid the relevant fees, the competent officer shall issue a licensing certificate to the applicant and record the details of such licence in the register of
patents or petty patents.
Clause 15 The licensing certificate shall be in Form PI/201-B and PP/201-B
annexed to these Ministerial Regulations.
Clause 16 The patentee, the owner of a petty patent, the exclusive licensee
under Section 48 paragraph two or Sections 65 decies and 48 paragraph two, as the case may be, may submit a request for the termination of the licence granted by the reasons under Section 46 or Section 65 decies and 46 in the form prescribed by the Director-General to the competent officer or by a registered mail to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed
by the Director-General.
In submitting the request under the first paragraph, the applicant shall show by evidence the following:
(1) the circumstances that led to the grant of the licence has ceased to exist and are unlikely to recur; and
(2) the termination of the licence would not affect the rights and interests
of the licensee under the licence.
Clause 17 When the Director-General has ordered the termination of a licensing certificate, the competent officer shall, without delay, notify the patentee, the owner of a petty patent, the licensee under Section 38 or Section 65 decies and 38.
Clause 18 In the case where an appeal is not made by any party or where an appeal is made but the Board has given a final decision or the court has rendered a final judgement to terminate the licensing certificate, the competent officer shall record such termination in the register of patents or petty patents.
Clause 19 The request for the recordation of consent to the effect that any
person may obtain a licence, the application for and grant of licensing certificate under section 45, 46, 46 bis, 47 or 50 approved or issued before the entry into force of the
Patent Act (No.3) B.E. 2542 shall comply with the procedures, rules and conditions set
forth in the Ministerial Regulations No.14 (B.E. 2535) issued under the Patent Act B.E.
2522.
Given on September 24, 1999
(sign) Paitoon Kaewtong
(Mr.Paitoon Kaewtong)
Deputy Minister of Commerce
Acting for the Minister of Commerce
(Government Seal)
Form PI/201B
Licensing Certificate
It is hereby certified that
...........................................................
...........................................................
...........................................................
has been granted a licence under the Patent Act B.E. 2522 to exploit the patent No. ......
which was issued on .............. title of the invention ................................................
.......................................................................................................................
....................................................................................................................... under the conditions, restrictions and amount of remuneration to which the patentee and
the licensee have agreed or fixed by the Director-General of the Department of
Intellectual Property as annexed to this certificate.
Granted on........................
(Signed)..................... Director-General
Department of Intellectual Property
Seal
Competent Officer.....................
Conditions
Restrictions
Amount of Remuneration
(Government Seal)
Form PP/201B
Licensing Certificate
It is hereby certified that
...........................................................
...........................................................
...........................................................
has been granted a licence under the Patent Act B.E. 2522 to exploit the petty patent
No. ...... which was issued on .............. title of the invention .................................
.......................................................................................................................
....................................................................................................................... under the conditions, restrictions and amount of remuneration to which the petty patent owner and the licensee have agreed or fixed by the Director-General of the Department
of Intellectual Property as annexed to this certificate.
Granted on........................
(Signed)..................... Director-General
Department of Intellectual Property
Seal
Competent Officer.....................
Conditions
Restrictions
Amount of Remuneration
Ministerial Regulations
No. 27 (B.E. 2542)
Issued under the Patent Act B.E. 2522
...........................................................
By virtue of the power granted under Section 4, Section 53 paragraph one and
Section 65 of the Patent Act B.E. 2522 and Section 65 decies of the Patent Act B.E. 2522
as amended by the Patent Act (No.3) B.E. 2542, the Minister of Commerce issues the
Ministerial Regulations as follows:
Clause 1 The following shall be repealed:
(1) Ministerial Regulations No.8 (B.E. 2529) issued under the Patent Act
B.E. 2522;
(2) Ministerial Regulations No.18 (B.E. 2535) issued under the Patent
Act B.E. 2522;
Clause 2 In applying for the surrender of a patent or any claim or claims, the patentee or the owner of the petty patent shall file an application in the form prescribed
by the Director-General with the competent officer at the Department of Intellectual Property, Ministry of Commerce or send the application by a registered mail to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed
by the Director-General.
In filing the application under the first paragraph, if the patentee or the owner of
the patent is not resident if Thailand, ha shall appoint an agent registered with the Director-General to act for him by filing the power of attorney with the application in accordance with the following:
(1) in the case where the appointment of the agent is done in a foreign country, the power of attorney shall be certified by an officer of the Thai embassy or consular office or head of the office attached to the Thai Ministry of Commerce in the country in which the person appointing the agent resides or any officer designated to
act on behalf of the said officer, or certified by any person authorized by the law of the
said country to certify signatures; or
(2) In the case where the appointment is done in Thailand, a copy of the passport or certificate of temporary residence or other evidence to prove to the Director- General of the entry to Thailand at the time of the appointment of the agent.
Clause 3 In filing the application under Clause 2, if the patent or petty patent is jointly-owned, the applicant shall file evidence showing the consent of all joint-owners.
If the patent has been licensed under Section 38, 45, 46, 47 or 47 bis or the design patent under Sections 65 and 38 or the petty patent under Sections 65 decies
and 38, 45, 46, 47 or 47 bis, the evidence showing the consent of the parties concerned
shall be filed together with the application.
Clause 4 The application for the surrender of a patent or any claim or claims shall not be made in the following circumstances:
(1) there is a lawsuit alleging that the patent or petty patent which is or
of which a claim is proposed to be surrendered infringes a patent or petty patent of another person pending in the court;
(2) there is a lawsuit requesting for the cancellation of the said patent or petty patent under Section 54, 64 or 65 novies pending in the court.
Clause 5 In the course of examination of the application for the surrender of a patent, petty patent or claims, the competent officer may instruct the patentee, the
owner of a petty patent, the joint owner of the patent or petty patent or his representative
or any other person who has an interest to appear before him to answer any question or hand over to him any document or item within the prescribed period.
Clause 6 When the competent officer has examined the application filed under Clause 2, including the evidence filed or statements of the persons instructed to appear before him under Clause 5, if any, he shall submit his opinion to the Director-General.
Clause 7 When the application under Clause 2 has been approved by the
Director-General, the competent officer shall record the said surrender in the register of patents or petty patents and notify the patentee or the owner of the petty patent of the decision, and shall publish the surrender of the patent, petty patent or claims in an open area at the Department of Intellectual Property, Ministry of Commerce for at least thirty
days.
If the application under Clause 2 is rejected by the Director-General, the competent officer shall notify the patentee of the rejection without delay.
Clause 8 Any document required to be submitted under these egulations which
is in a foreign language shall be accompanied by a Thai translation certified by the translator to be true.
Clause 9 The applications for the surrender of patents or claims filed before the entry into force of these Regulations shall be executed in accordance with these regulations.
Given on September 24, 1999
(sign) Paitoon Kaewtong
(Mr.Paitoon Kaewtong)
Deputy Minister of Commerce
Acting for the Minister of Commerce
Ministerial Regulations
No. 10 (B.E. 2529)
Issued under the Patent Act B.E. 2522
...............................................................
By virtue of the power granted under Sections 4 and 78 of the Patent Act B.E.
2522, the Minister of Commerce issues the Ministerial Regulations as follows:
Clause 1 In cases where a patent or licensing certificate of any person is lost or substantially damaged, if the holder wants to have a substitute of the patent or
certificate he shall file an application in the form prescribed and printed by the Director- General with the competent officer at the Department of Commercial Registration,
Ministry of Commerce, or send such application by a registered mail to the competent
officer at the Department of Intellectual Property.
In cases where the patent or certificate is lost, the applicant shall file the receipt
of the report by the holder of such a loss to the police station responsible for the area where the loss occurred together with the application.
In cases where the patent or certificate is substantially damaged, the applicant shall submit the damaged patent or certificate together with the application.
Clause 2 In filing the application under Clause1, if the applicant is not resident
of Thailand, he shall appoint an agent registered with the Director-General to act for him
by filing the power of attorney which is certified by the Thai diplomated representative, consul or head of the office representing the Thai Ministry of Commerce in the country in which the grantor resides or any officer who is designated to act on behalf of the said officer, or certified by any person empowered by the law of the said country to certify signatures.
If the applicant is resident of Thailand, the application under the first paragraph
may be made for him by his agent already registered with the Director-General. In such
a case, the power of attorney shall be furnished together with the application.
Clause 3 In the course of examination of the application for substitute of a patent or licensing certificate, the competent officer may instruct the applicant or his
agent to appear before him to answer any question or hand over to him any document
or item within the prescribed period. If the applicant or his agent fails to comply with the instruction of the competent officer under the first paragraph, he shall be deemed to
have abandoned the application. In case of necessity, the Director-General may extend
the prescribed period as he deems appropriate.
Clause 4 When the Director-General has ordered the issuance of a substitute of
the patent or licensing certificate and the fee has been paid by the applicant, the competent officer shall issue the substitute to the applicant.
Clause 4 bis Clause 1, 2, 3 and 4 shall apply to the filing of an application for a substitute of a petty patent or a substitute of a licensing certificate of a petty patent for a
lost or substantially damaged petty patent or licensing certificate.
Clause 5 The substitute of a patent for an invention, a patent for design and a petty patent shall be in Form PI/200-B, PD/200-B and PP/200-B annexed to the
Ministerial Regulations No. 1 (B.E.2542) issued under the Patent Act B.E. 2522, as the
case may be.
The substitute of a licensing certificate of a patent and of a petty patent shall be
in form PI/201-B and Form PP/201-B annexed to the Ministerial Regulations No. 6
(B.E.2524) issued under the Patent Act B.E. 2522.
In the substitute issued pursuant to paragraphs 1 and 2, the word “substitute”
shall be indicated above the Government seal in the relevant forms.
Clause 6 Any document required to be submitted under these Regulations which is in a foreign language shall be accompanied by a Thai translation certified by
the translator to be true.
Given on September 24, 1999
(sign) Paitoon Kaewtong
(Mr.Paitoon Kaewtong)
Deputy Minister of Commerce
Acting for the Minister of Commerce
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