Designed for practitioners involved in filing, obtaining, and enforcing patents in Thailand, this guide centers on the 1979 Patent Act (Patent Act B.E. 2522) and covers the operations of the DIP (Department of Intellectual Property), the three types of protection systems (patents, utility models, and design patents),post-2009 PCT accession application strategies, enforcement through CIPIT, and government use rights—systematically organizing the full scope of patent practice in this Southeast Asian hub for automotive and electronics manufacturing. A patent attorney will explain the essential information for protecting intellectual property in the manufacturing sector within this long-established market for Japanese companies (Toyota, Honda, Mitsubishi, Sony, Canon, etc.).
Key Points of This Article
THAILAND PATENT
A comprehensive guide to the patent system and practices in Thailand, a manufacturing hub in Southeast Asia, written by a patent attorney. It systematically explains 12 sections, ranging from DIP applications to three types of protection systems and the enforcement of rights at CIPIT.
The Thai patent system is a statutory framework centered on the 1979 Patent Act (Patent Act B.E. 2522), with Ministerial Regulations and DIP Examination Guidelines governing applications, examination, and disputes. It features a unique structure that covers three types of intellectual property—patents, utility models, and design patents—under a single law, offering flexibility in application strategies.
Four Key Points to Keep in Mind for Thai Patent Practice
The “primary law” of the Thai patent system is the Patent Act B.E. 2522 (1979), which evolved into the current framework through amendments in B.E. 2535 (1992) and B.E. 2542 (1999).The core provisions include the definition of an invention (Section 3), patentability requirements (Sections 5–7), exclusions from patentability (Section 9), application procedures (Sections 10–29), the effect of patent rights (Sections 35–39), reports on use and compulsory licenses (Sections 46–50),Government Licenses (Section 51), and Criminal Penalties (Sections 84–88) form the core of the law.
The Department of Intellectual Property (DIP), under the Ministry of Commerce, is responsible for administrative functions such as patent examination, registration, and information provision. The fact that the same agency handles both patents and trademarks is common among ASEAN countries. The DIP has established an electronic filing system and examination guidelines.
| Agency | Jurisdiction and Characteristics | Legal Basis |
|---|---|---|
| CIPIT (Central Intellectual Property and International Commercial Transactions Court) | Exclusive jurisdiction over patent infringement and invalidity lawsuits. Simultaneous civil and criminal proceedings | CIPIT Act B.E. 2539 |
| Patent Board | Appeals against DIP rejection decisions | Patent Act §72 |
| Intellectual Property Division of the Court of Appeal | Appeal of CIPIT Judgment | Court Organization Act |
| Supreme Court (Dika Court) | Court of Last Instance | Court Organisation Act |
Thailand provides for three types of protection systems within a single "Patent Act," allowing for selection based on the characteristics and lifecycle of the technology.
| Item | Patent (Invention Patent) | Petty Patent | Design Patent |
|---|---|---|---|
| Subject of Protection | Technical Inventions | Minor Inventions (Utility Model-like) | Design |
| Requirement of Inventive Step | Required | Not required (novelty only) | Originality Required |
| Substantive Examination | Yes | None (formality examination only) | Yes |
| Term of Protection | 20 years from the filing date | 6 years from the filing date (up to 10 years with renewal) | 10 years from the filing date |
| Term of protection | 3 to 7 years | 1–2 years | 2–3 years |
| Typical use cases | Core technologies / Long-term protection | Short-Lifecycle Improvements | Product design |
Strategic Application Points: Petty Patents are granted without examination and can be obtained in as little as one year, offering immediate effectiveness against counterfeits. However, since they lack the requirement for inventive step, the risk of invalidation is high. By filing a "patent plus petty patent" combination, you can establish a two-tiered protection strategy combining short-term and long-term protection.
| Item | Direct Application | Paris Convention Priority | Transfer to Thailand via PCT |
|---|---|---|---|
| Thai Application Deadline | Anytime | Within 12 months from the Japanese filing date | Within 30 months from the priority date |
| Language Requirements | Thai | Thai | Submit a Thai translation upon filing |
| POA requirements | Notarization + Embassy Certification | Same as above | Same as above |
Thailand’s Unique Long Examination Period: The deadline for requesting examination is 5 years from publication, and the substantive examination itself takes an average of 3 to 5 years. The process from filing to registration typically takes 5 to 7 years, which is longer than in other countries, making the use of the PPH program effective.
| Item | Fee (THB) | Conversion to Japanese Yen (for reference) |
|---|---|---|
| Application Fee (Patent) | THB 1,000 | Approx. 4,200 yen |
| Application Fee (Utility Model) | THB 500 | Approx. 2,100 yen |
| Claim surcharge (over 10) | THB 200 per claim | Approx. 840 yen/claim |
| Examination Request Fee | THB 250 | Approx. 1,050 yen |
| Registration fee | THB 500 | Approx. 2,100 yen |
| Annual fee (5th year) | THB 1,000 | Approx. 4,200 yen |
| Pension (10th year) | THB 8,000 | Approx. 34,000 yen |
| Pension (15th year) | THB 30,000 | Approx. 126,000 yen |
| Pension (20th year) | THB 60,000 | Approx. 252,000 yen |
| Provision | Requirements | Practical Points |
|---|---|---|
| §5 | Novelty | Worldwide prior art standard. There is a 12-month exception to the loss of novelty (self-disclosure). |
| §7 | Invention | Not obvious to a person skilled in the art (patents only; no need for utility models) |
| §8 | Industrial Applicability | Widely recognized |
| §17 | Requirements for Description | Clarity and Enability |
Non-Patentable Subject Matter (Particular Caution Required in the Pharmaceutical and IT Fields)
Patent infringement litigation falls under the exclusive jurisdiction of the CIPIT (Central Intellectual Property and International Trade Court). Like trademark cases, it features a unique structure that allows for the simultaneous adjudication of civil and criminal matters, enabling centralized processing by judges specializing in intellectual property.
Remedies Available at CIPIT
Patent invalidation proceedings are filed directly with CIPIT. Interested parties may file an invalidation action at any time, with the primary grounds including lack of novelty or inventive step, violation of Section 9, and failure to meet disclosure requirements.
Thailand acceded to the PCT in December 2009, allowing Japanese companies to enter the Thai market via the PCT. National phase entry procedures must be completed within 30 months of the priority date. Utilization of PCT international patent applications is common.
Benefits of Utilizing PPH
Thailand is also a participant in ASPEC (ASEAN Patent Examination Cooperation), enabling more efficient examination by leveraging grant results from Singapore, Malaysia, and other countries. It can be utilized as a strategic hub for expansion across ASEAN.
The term of a Thai patent is 20 years from the filing date. Annuities are payable annually starting from the fifth year (included in the registration fee for the first four years). A 120-day grace period is available for late payments, and relief is possible with a surcharge.
A system unique to Thailand: The Thai government maintains a “Government Use” system that allows government agencies to implement patented inventions without the patent holder’s consent for reasons such as public health or national emergencies. This system was invoked in 2007–2008 for HIV/AIDS and heart disease medications (e.g., Roche), sparking international debate. Companies entering the pharmaceutical sector should exercise caution.
| Item | Japan | Thailand |
|---|---|---|
| Language of Application | Japanese | Thai only |
| Small Patent System | Utility Model (10 years) | Petty Patent (up to 10 years) |
| Deadline for Requesting Examination | 3 years (from the filing date) | 5 years (from the publication date) |
| Time to Obtain Rights | 2–3 years | 5–7 years (can be shortened by utilizing PPH) |
| Judicial System | Patent Office Trial → Intellectual Property High Court | CIPIT (Integrated Civil and Criminal) |
| Government license | Does not function in practice | Examples of use exist (pharmaceuticals) |
| PCT National Phase | 30 months | 30 months (same) |
The Thai patent system is characterized by three types of protection (patents, utility models, and design patents) centered on the 1979 Patent Act, as well as the integrated civil and criminal enforcement of rights through CIPIT. For Japanese companies to succeed in their patent strategies at manufacturing hubs in Thailand, it is crucial to combine early grant of rights through the use of the JPO-DIP PPH with efficient infringement response at CIPIT. Please also see our PCT international patent applications and patent application services.
EVORIX Intellectual Property Office provides comprehensive support for patent applications and enforcement in major ASEAN countries, including Thailand. Our patent attorneys, with extensive practical experience and working in collaboration with local agents, will assist you with everything from selecting the appropriate protection system (patent, small patent, or design patent) to utilizing the PCT direct route, Paris Convention priority, and PPH, as well as handling infringement cases at CIPIT.
*This article is based on the above primary sources and official information as of April 2026 and is intended to provide general information. As laws and regulations are subject to change, we recommend consulting primary sources and experts for the latest information. For specific decisions regarding individual cases, we recommend consulting experts, including local agents.