OneDefinition of petty patents
Thailand's small patent is similar to China's utility model patent, but its application procedure is more complicated, the difference is: Thailand's small patent and invention patent can be converted between before the invention patent is registered and the small patent is granted, or before the invention patent and the small patent are published, and the applicant can take the patent application date as the conversion application date; Substantive examination of a patent can be applied for within one year after the patent is published.
IIProcessing time and protection period
The notice of acceptance of an invention patent application in Thailand is usually issued within 2-4 weeks after filing. The entire registration cycle may last 12-30 months. Once granted, the patent is valid for 10 years, including an initial period of 6 years and two subsequent renewals of 2 years each. The claim for priority must be made within one year from the first filing date.
IIIScope of application
An invention for a petty patent application must possess the following characteristics:
1) It's a new invention.
2) It is an invention that can be applied in an industrial way.
The following inventions are not protected under this Act:
1) Naturally occurring microorganisms and their components.
2) Flora and fauna and extracts of flora and fauna.
3) Science and scientific rules.
4) Computer software.
5) Diagnostic methods or ** for human and animal diseases.
6) Inventions that are contrary to public order and morals, public health and welfare.
FourthApplication Procedure
1 Filing a patent application.
Each applicant is required to file a complete patent application with the patent authority. and ensure that all necessary documents and materials are complete and meet the statutory requirements, otherwise they may be returned.
2 Preliminary Examination.
Upon receipt of the application, the DIP (Patent and Trademark Office) will conduct a preliminary examination of the petty patent (utility model) application. This step mainly checks the completeness, compliance, and legality of the amendments to the application documents, and assesses whether the application complies with the principles of public order, social morality and unity, and whether it falls within the scope of protection under the patent law. The examiner has the right to require the applicant to make a statement or submit additional materials within the 90-day period. If the applicant fails to complete the amendment within the prescribed time limit, the invention patent application will be deemed abandoned unless there is a valid reason and an extension decision from the DIP is obtained.
3 Publicity. Once the application for a petty patent (utility model) has passed the preliminary examination, the applicant has to pay the publication fee within 60 days. After payment of the fee, the invention patent application will be published for public inspection within 2-4 months.
4 Handling of objections.
Anyone has the right to file an opposition within 90 days of the publication of a petty patent (utility model application). If no objection is filed during the opposition period, DIP will conduct a further search and substantive examination of the invention patent application.
5. Substantive examination of patents.
The time limit for requesting substantive examination of a petty patent (utility model patent) application is one year from the date of publication. Only the applicant of the invention patent application has the right to file a request for substantive examination. If a request for substantive examination is not filed within the time limit, the invention patent application will be deemed to be withdrawn. At the substantive examination stage, DIP will assess whether the invention patent application meets the conditions for grant of the patent and issue an office action.
6. Registration and issuance.
If the examiner does not find any problems in the patent or product design patent during the examination process, the applicant will be notified to pay the application fee. After the fee is paid, the patent authority will officially grant the patent registration certificate to confirm the applicant's patent rights.