The time limit for PCT to enter the national phase in Thailand is 30 months from the priority date. According to Article 49.6 of the Patent Cooperation Treaty, the time limit can be restored by exercising the standard of "taking appropriate precautions", but the possibility of restoration is very low, and the application is often rejected.
Basic application materials in Thailand
In order to determine the application date of PCT entering the national phase in Thailand, the following materials need to be provided: Thai translation of invention name, patent claim and abstract, and detailed information of the applicant and inventor.
Thai patent application language
The official language of patent registration in Thailand is Thai. When PCT enters the national phase in Thailand, it shall submit the Thai translation of the invention name, patent claim and abstract, as well as the English translation of the patent specification. The English translation of the patent specification can be submitted within 90 days after entering the national phase, and an additional fee is required.
Power of attorney requirement
The original power of attorney shall be submitted to give the agent the right to apply. It should be notarized by a notary office, but it does not need authentication. The power of attorney shall be submitted within 90 days after PCT enters the national phase in Thailand, and a fine shall be paid for overdue submission.
Other documents
If the international applicant is different from the Thai applicant, a transfer agreement must be submitted.
Substantive examination request
The request for substantive examination shall be made within 5 years after the application is made public. Thai law does not speed up the examination, but submitting the authorized patent that has passed the substantive examination may speed up the examination process. In addition, you can request to use the retrieval or review results of ASPEC States parties to speed up the review process.
Novel grace period
If the essence or details of the invention are maliciously disclosed by the inventor or exhibited in international or official exhibitions within 12 months before the filing date, the invention will not lose its novelty.
License fee and annual fee
The expenses of authorized personnel shall be paid within 2 months after receiving the authorization notice. The annual fee should be paid after the Thai patent is authorized. The first annual fee shall be paid within 60 days after the Thai patent is granted.