FAQ - Patents

Is Thailand a member of the Patent Cooperation Treaty (PCT)? No, Thailand is not a member of the PCT.  However nationals, residents and those with an ongoing business addresses in a country that is a member of the Paris Convention or the World Trade Organization are eligible to file for a patent in Thailand.  Priority filings are allowed to persons eligible for a patent within 18 months of the date the original application was filed. What are the requirements for filing a patent application in Thailand? A patent may be granted for an invention which is new, inventive, and capable of industrial application. Thailand law also recognizes petty patents for protection of designs that are new and have industrial applicability (no inventive step is required). Should I file a patent application in Thailand or in the country where the product was originally developed? It is not mandatory to file a patent application in the country where the product was originally developed. Once the application is filed in Thailand, filing the patent in other subsequent countries can be done with priority claim based on the Thailand patent. However, in accordance with TRIPS (Thailand is a member), these countries would have to be designated within one year from the date of filing. If your company resides in a Patent Cooperation Treaty (PCT) country, you may want to file a PCT patent application simultaneously with a patent application in Thailand. A PCT patent application will allow you to postpone the filing of your patent in other PCT member countries for a designated period of time. What are the government fees for a patent application in Thailand? Government fees for a standard patent application are approximately USD125.

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