หน้าแรก บทความ กฏหมาย(English) PATENT : Memorandum of Principle Memorandum of Principle and Rationale in conjunction with The Ministerial Regulations No.21- 28 (B.E.2542) issued under the Patent Act B.E.2522
Memorandum of Principle and Rationale in conjunction with The Ministerial Regulations No.21- 28 (B.E.2542) issued under the Patent Act B.E.2522 PDF พิมพ์ อีเมล

Schedule of fees

(1) An invention patent application 1,000 Bht.
(2) Filing for a patent of the same product design more than 10 applications at a time 10,000 Bht.
(3) A publication of patent application 500 Bht.
(4) An application for examination of an invention 500 Bht.
(5) An opposition statement against a patent application 1,000 Bht.
(6) A patent or a petty patent 1,000 Bht.
(7) Annual fees for an invention patent :
the 5th year 2,000 Bht.
the 6th year 4,000 Bht.
the 7th year 6,000 Bht.
the 8th year 8,000 Bht.
the 9th year 10,000 Bht.
the 10th year 12,000 Bht.
the 11th year 14,000 Bht.
the 12th year 16,000 Bht.
the 13th year 18,000 Bht.
the 14th year 20,000 Bht.
the 15th year 30,000 Bht.
the 16th year 40,000 Bht.
the 17th year 50,000 Bht.
the 18th year 60,000 Bht.
the 19th year 70,000 Bht.
the 20th year 80,000 Bht.
or one time payment 400,000 Bht.
(8) Annual fees for a product design patent :
the 5th year 1,000 Bht.
the 6th year 2,000 Bht.
the 7th year 3,000 Bht.
the 8th year 4,000 Bht.
the 9th year 5,000 Bht.
the 10th year 6,000 Bht.
or one time payment 20,000 Bht.
(9) Annual fees for a petty patent
the 5th year 2,000 Bht.
the 6th year 4,000 Bht.
or one time payment 6,000 Bht.
(10) Renewal of a petty patent
1st time 14,000 Bht.
2nd time 22,000 Bht.
(11) An application for registration of a patent or petty patent license 500 Bht.
(12) An application for registration of the assignment of a patent or petty patent 500 Bht.
(13) An application to amend a patent or petty patent application 500 Bht.
(14) A license of patent or petty patent 1,000 Bht.
(15) A provisional patent certificate or petty patent certificate or
a provisional license certificate 100 Bht.
(16) An appeal against the orders
or decisions of the Director General 1,000 Bht.
(17) Reproduction of the document 10 Bht./page
(18) Certification of the reproduced copy
more than 10 pages 100 Bht./issue
less than 10 pages 10 Bht./issue
(19) Other applications 100 Bht./issue


This schedule of fees is amended by the Patent Act (No.3) B.E.2542 section 42 as being shown herein.


NOTE
:- The reason for the proclamation of this Act is to encourage the research and development for innovation of productions, processes and product designs; which would give benefits and further advancement of technology to the domestic Agriculture, Industry and Trade. Furthermore; this Act is to provide protection for the rights of the inventors and product designers by prohibiting any other from imitating or copying those of their creations without paying them the remuneration in return. Therefore, essentially this Act is hereby enacted.


The Patent Act B.E.2522 (1979) was publish in the Government Gazette Vol.96, Part 35, dated March 16, 1979; the Act No.2 B.E.2535 (1992) was published in the Royal Gazette Vol.109, Part 34, dated April 3,1992 and the Act No.3 B.E.2542 was published in the Royal Gazette Vol.116, Part 22, dated March 22, 1999.

Memorandum of Principle and Rationale in conjunction with

The Ministerial Regulations No.21 (B.E.2542) issued under the Patent Act B.E.2522

Principle

The Ministerial Regulations issued under the Patent Act B.E.2522 shall be amended as follows:

(1) The Ministerial Regulations No.11 (B.E.2535) shall be amended in order to revise forms of patent and to prescribe forms of petty patent;

(2) The Ministerial Regulations No.13 (B.E.2535) shall be amended in order to revise rules and procedures of applying for the patent and to prescribe rules and procedures of applying for the petty patent.

Rationale

Whereas the provisions on patent protection of the Patent Act B.E.2522, amended by the Patent Act (No.3) B.E.2543, has been revised to become more consistent with both internal and external circumstances changing around the country. Therefore, the rules and procedures of applying for the patent and forms of patent should be improved in accordance with the revision mentioned above; also shall additional rules, procedures of applying for the petty patent and forms of petty patent be improved. Therefore; this Ministerial Regulations is hereby issued.

 

Ministerial Regulations No.21 (B.E.2542) issued under the Patent Act B.E.2522

By virtue of power granted under Sections 4, 17, 20, 33, 59 and 65 of the Patent Act B.E.2522; and Sections 65 quarter., 65 quinque. and 65 decem. of the Patent Act B.E.2522, amended by the Patent Act (No.3) B.E.2542, the Minister of Commerce hereby issues Ministerial Regulations as follows:

Clause 1. The followings shall be repealed:

(1) The Ministerial regulations No.11 (B.E.2535) issued under the Patent Act B.E.2522; and

(2) The Ministerial regulations No.13 (B.E.2535) issued under the Patent Act B.E.2522.

Part 1 Applying for Invention Patents

Clause 2. In applying for an invention patent the applicant shall submit the application, in the printed form as prescribed by the Director General, directly to the authorized officials or send it by registered mail to any of the following offices:

(1) The Department of Intellectual Property, Ministry of Commerce; or

(2) Provincial Commercial Offices or other offices as prescribed by the Director General.

The patent application under paragraph one shall include the description, claims and abstracts of the invention. In case of necessity, the applicant shall also provide drawings of the invention with the filing application for making a better understanding of such invention.

For the benefit of this Clause, if the invention filed for a patent concerns any new invention of microorganism; the description shall mean to be the certificate of deposited microorganism and/or documents detailing nature or attributes of that microorganism issued by the authorized microorganism depository. The Department of Intellectual Property shall occasionally declare names of such authorized depository.

At least three copies of the supporting document shall be accompanied with the application, pursuant to paragraph two, or as prescribed by the Director General, but not more than five copies. And this shall apply to the case of delivering any of the additional documents unless orders otherwise by the Director General.

Clause 3. The description shall identify name of the invention as stated in the patent application and shall:

(1) explain nature and purposes of the invention;

(2) identify academic fields concerning to the invention;

(3) inform the background of related art or academe which may better an understanding of the invention and facilitate the examination. Any document related to the subject, if any, shall also be specified,

(4) disclose the invention in a manner sufficiently complete, concise, and clear for it to be carried out by an ordinary-skilled person;

(5) brief description of each drawing (if any);

(6) specify the best method the inventor knows. In case of necessity; an example, the background of related art or academe or drawings should also be referred.

(7) demonstrate the ways how the invention can be used to benefit the production in fields of an industry, handicraft, agriculture or trade, if the procedures of the invention are not understandable.

The said titles and details shall be arranged in order as stated under paragraph 1. Changing the order of the titles shall be done if it helps better an understanding of the invention. However, the titles must be given in all cases.

Clause 4. The claims shall specify the nature of the invention sought for the protection in a manner sufficiently complete, concise and clear. However, this shall also be in accordance with the description under Clause 3.

If there is any drawing, the claims referring to the technical background of the invention shown in the drawing may be done by specifying the number or the symbol in the parenthesis, at the end of the statement referring to the said technical background.

If it appears that specifying only one claim cannot cover all aspects of the invention’s technical background, the applicant may specify several major claims for the same feature of the invention in one application.

If the applicants also wish to specify the minor claims, such claims that refer to the additional features of the invention shall be placed after the major claims. However, the aforesaid minor claims shall be referred to as an alternative only.

For the benefit of this Clause: a major claim means the claim that does not refer to the nature of the invention under any other claims; and a minor claim means the claim that refer to the nature of the invention under any other major claims or minor claims with additional features of the invention.

Clause 5. The patent application, which specifies the claims as of the followings, shall be considered as an application for one invention only:

(1) a major claim that specifies the product applied for protection, the production process and the product instructions of such product, under other major claims and;

(2) a major claim that specifies any process applied for protection, equipment and/or tools used in such process.

Clause 6. The abstracts shall be the conclusion of the essential elements of the invention that is disclosed or shown in the description, the claims, and the drawings (if any). The technical background regarding to the invention shall be specified briefly in a way that helps better an understanding of any technical problem, including solutions to the problems concerning such invention and its usage.

Clause 7. The drawing shall be clear and in accordance with its description. The creation of such drawings shall be based on theoretical basis of drawings.

For the benefit of this Clause, the drawings, within this meaning, also includes any chart and diagram.

Clause 8. In applying for an invention patent of which its essential element and description have been disclosed at an international exhibition or at an public exhibition organized by government agencies; or the invention or the invented item has been displayed at a public exhibition authorized or sponsored by government agencies; the applicant shall identify the date of the disclosure of such essential element or description and/or specify the opening date of the said exhibition in the application. In such case; the certificate showing that the essential element or description of the invention has been disclosed, or the invention or invented item has been displayed; shall be furnished together with the application. Such certificate shall be issued by the government, state agencies, or any bureaus, which sponsor or authorize that exhibition, as the case may be.

The opening date of the said exhibition; of the said display; or of the disclosure of such essential element or description, or of the display of the said invention or invented item, shall also be specified in the certificate, under paragraph one.

Clause 9. In applying for an invention patent, which has already been granted outside Thailand, the applicant shall include the following items stated in the patent granted outside Thailand in the application:

(1) The filing date of the invention patent application,

(2) Identification number of the patent or petty patent application which has already been filed,

(3) Symbol of the International Patent Classification, if the said symbol has been specified in the patent or petty patent application,

(4) Name of the country and the office where the applicant has filed the patent or petty patent application,

(5) Examination date of the invention together with name of the country and the office where the request has been filed,

(6) Examination results of the invention, in case the applicant has already been notified or received of such report from the office or the agency performing that examination.

(7) Status of the application, according to a case prescribed in the patent or petty patent application. In case that the patent or petty patent has already been granted, the identification number of that patent or petty patent shall also be specified.

Clause 10. In applying for a patent or petty patent which has already been filed, for the first time, outside Thailand; within 12 months from the filing date of such patent or petty patent application, the applicant shall be entitled to claim the priority of the first foreign filing date of the patent or petty patent application provided under Section 19 bis. As it is a case, the applicant shall file another application, in the form prescribed by the Director General, together with the patent application on the filing date, or prior to the date of publication of such patent application, but not more than 16 months from the filing date of the first patent or petty patent application filed outside Thailand. In such case, the copy of the prior foreign filing patent or petty patent application, which identify the filing date of such application including its details, is required for consideration. The said copy must be certified by the patent office of the country where the application has been filed.

Clause 11. If an applicant does not want to have his name identified in document or in printed material concerning publication of the application, or in the patent; the applicant shall inform the Director General in advance, at least 30 days, before the publication of such application or before the issued date of such patent, as the case may be.

Clause 12. Any applications and supporting documents shall be fulfilled, as follows:

(1) The required statement, as stipulated in the printed form, shall be correct, clear and complete.

(2) The description, claims and abstracts shall be printed or typed in Thai.

In case that the applicant has already filed a patent or petty patent application outside Thailand: he may first submit the same description, claims and abstracts in foreign language as of his prior filing application; but within 90 days from the day filing of such patent application, the applicant must submit the said description, claims and abstracts in Thai version.

If an applicant for a patent fail to submit the Thai-version document which corresponding to the said foreign version within the prescribed period, it shall be deemed that the applicant has filed the patent application in Thai language on the filing date.

(3) Signature of the applicant is required. In case of an authorized assignment, pursuant to Clause 13 or Clause 14, the agent registered with the Director General shall have power to sign the document on behalf of the applicant.

Clause 13. If the applicant for patent does not reside in Thailand, he shall appoint an agent registered with the Director General to act on his behalf in Thailand. The letter of power presented to the Director General shall fulfill the following conditions:

(1) if the letter of power is issued in a foreign country, it shall be certified by the Thai diplomatic representative, consul or head of the office representing the Thai Ministry of Commerce in the country where the assignor resides or any official who is designated to act on behalf of the said officer, or certified by any person empowered by law of the said country to certify signatures or;

(2) if the letter of power is issued in Thailand, a copy of the applicant’s passport or a certificate confirming his temporary residence or other evidences showing to the Director General that he is in Thailand at the time of issuing of such letter of power.

Clause 14. If the applicant residing in Thailand desires to appoint other person to act on his behalf, he shall assign the letter of power only to the agent, who have been registered with the Director General, to act on his behalf.

Clause 15. If the letter of power or the certificate under Clause 13(1) is issued in a foreign language; the applicant shall also provide its translation in Thai, with certificate of the translator and the appointee, approving that it is correct and in corresponding to the original. The said translation shall be furnished together with the letter of power or the certificate, as the case may be.

Clause 16. If the applicant for patent desires to amend his application without adding up any matter to the essential element of the invention, he may make a request before the day of publication of the patent unless order otherwise by the Director General.

Part 2 Applying for Product Design Patents

Clause 17. In applying for a product design patent, the applicant shall file an application together with illustrations and claims.

Clause 18. The application shall be in the printed form as prescribed by the Director General, and shall:

(1) specify number of the illustrations,

(2) specify the product used with the product design and type of the product under the announcement of the Minister.

Clause 19. The illustration shall present a figure of the product, containing the entire essential element sought for the protection. The illustration may be displayed either by photos or drawings.

Generally, The illustration shall be displayed in black and white; but if composition of the product design is coloration, the illustration shall be in colors too.

Clause 20. The applicant for patent may submit a supporting description, of not more than one hundred words, of the product design together with the application at the time filing of such application.

Clause 21. The application shall contain only one claim.

Clause 22. In applying for a product design patent which has already been granted outside Thailand, within six months from the filing date of the first foreign filing application, the applicant shall be entitled to claim the priority of the first foreign filing date of the patent or petty patent application provided under Section 60 bis. As it is a case, the applicant shall file another application, in the form prescribed by the Director General, together with the patent application, or prior to the date of publication of such application. A copy of the first foreign filing patent application confirming the filing date including details of such application shall be required, for consideration. The said copy shall be certified by the patent office of the country where the application has been filed

Clause 23. Clause 2 paragraph 1 and paragraph 4, Clause 4 paragraph 1, Clauses 7, 9, 11, 12, 13, 14 and 15 and 16 ,under Part 1, Applying for Invention Patent, shall apply to a product design patent application, mutatis mutandis.

Part 3 Applying for Petty Patent

Clause 24. In applying for a petty patent, Clause 1 – 16 under Part 1, Applying for Invention Patent, shall be applicable, mutatis mutandis.

Clause 25. A petty patent application may not contain more than 10 claims.

Part 4 Forms of Patent and Petty Patent

Clause 26. The invention patent uses the form SB/200 – K attached herewith.

Clause 27. The product design patent uses the form SP/200 – K attached herewith.

Clause 28. The petty patent uses the form อสป/200 – attached herewith.

Given on September 24, 1999

(Signed) Paitoon Kaewtong

( Mr Paitoon Kaewtong)

Deputy Minister of Commerce Acting for the Minister of Commerce

 

SB/200 – K K K K

The Invention Patent

By virtue of power granted under the Patent Act B.E.2522; the Director General of the Intellectual Property Department has issued this patent to

……………………………………………………………………………………………….

……………………………………………………………………………………………….

……………………………………………………………………………………………….

for the invention with the details of the invention, descriptions, claims and drawings (If any), as follows:

Number of Application…………………………………………………………………….

Date of Application………………………………………………………………………..

Name of Inventor…………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

Title of Invention…………………………………………………………………………

………………………………………………………………………………………………

The patentee shall have the rights and duties stipulated in the Patent Act.

Date of Issued date.….month ……….year…..

Date of Expiry date.….month ……….year…..

(Signature)………………………

(………………………)

Director General

The Department of Intellectual Property

Stamp seal here

Competent Officer……..

Notice: 1. The patentee shall start paying the annual fees from the 5th year of the patent’s term, otherwise the patent will expire.

2. The patentee could pay the annual fees in advance by making the one time payment.

3. Licensing the patent right and assignment of patent right must be done in writing and registered with an authorized official.

Description

Claims

 

ลิงค์

       
         กรมทรัพย์สินทางปัญญา
        
         ศาลทรัพย์สินทางปัญญา  
          
         Motion Picture Association

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