Ministerial Regulations B.E. 2542 (1999) Issued under
the Patent Act B.E. 2522 (1979)
Notice to Readers: The following English translation is provided for convenience and general understanding only. It is not an official version and may contain language differences from the original Thai text. For legal accuracy and enforcement, please refer to the official Thai version as published in the Royal Thai Government Gazette.
Ministerial Regulations
No. 22 (B.E. 2542) (1999)
Issued under the Patent Act B.E. 2522 (1979)
By virtue of the power granted under Sections 4, 24, 26, 27, 30 and 65 of the Patent Act B.E. 2522 and Sections 28, 65 quarter, 65 quinquies and 65 decies of the Patent Act B.E. 2522 as amended by the Patent act (No.3) B.E. 2542 and Section 44 of the Patent Act (No.3) B.E. 2542, the Minister of Commerce hereby issues the Ministerial Regulations as follows:
Clause 1 The following shall be repealed:
(1) Ministerial Regulations No.3 (B.E. 2523) issued under the Patent Act B.E. 2522;
(2) Ministerial Regulations No.16 (B.E. 2535) issued under the Patent Act B.E. 2522.
Clause 2 In processing an application for a patent for an invention or a petty patent to submit an examination report to the Director-General under Section 28 or 65 quinquies, as the case may be, the competent officer shall examine the application for a patent or petty patent as follows:
(1) the request form, the description, the claims, the drawings (if any) and the abstract comply with the Ministerial Regulations issued under section 17 or 65 decies and 17, as the case may be;
(2) the invention is not unpatentable under Section 9 or 65 decies and 9, as the case may be;
(3) the applicant has the right to apply for a patent under Sections 10, 11, 14 or section 15 paragraph 1 or 2 or the right to apply for a petty patent under Sections 65 decies and 10, 11, 14 or section 15 paragraph one or two, as the case may be;
(4) the applicant has the right to be granted a patent or petty patent under Section 16 or 65 decies and 16, as the case may be;
(5) the invention for which a patent or petty patent is applied is not the same invention which a patent or petty patent was applied in the country under Section 65 ter before the filing date, as the case may be;
(6) the invention for which a petty patent is applied is so linked as to form a single inventive concept.
Clause 3 In processing an application for a design patent to submit an examination report to the Director-General under Sections 65 and 28, the competent officer shall examine the application as follows:
(1) the request form, the claim, the design representations, the description and other items (if any) comply with the Ministerial Regulations issued under section 59;
(2) the design is not unpatentable under Section 58;
(3) the applicant has the right to apply for a patent under Sections 65 and 10, 11, 14 or Section 15 paragraph one or two, as the case may be;
(4) the applicant has the right to be granted a patent under Sections 65 and 16.
Clause 4 If it is found from the examination of the application for a patent or petty patent, as the case may be, under Clause 2 that the applications are not in compliance with the law or filed by more than one applicant, the competent officer shall proceed as follows:
(1) if the same invention has been applied or jointly applied for both a patent and a petty patent, the applicant shall be notified that he is deemed to have applied for a petty patent in accordance with Section 77 quinquies;
(2) if the same invention was made by two or more persons separately and independently and it has been applied for a patent by one applicant and applied for a petty patent by another, all applicants shall be notified that the applicant who is the first to file is to be entitled to a patent or petty patent, as the case may be;
(3) if the same invention was made by two or more persons separately and independently and it has been applied for a patent by one applicant and applied for a petty patent by another on the same date, all applicants shall be notified to reach an agreement within ninety days following the receipt of the notification.
The notification under the first paragraph shall be in writing and sent by acknowledgement mail or any other procedure prescribed by the Director-General.
Clause 5 Where it appears that the application for a patent or petty patent does not comply with clause 2 (1) or 3 (1) or the invention is party unpatentable under Section 9 or Sections 65 decies and 9, the competent officer shall submit an examination report to the Director-General for requiring the applicant to amend the application within the prescribed period.
Clause 6 Where it appears that the invention for which a patent or a petty patent is applied as the case may be, is unpatentable under Section 9 or Section 65 decies and 9, or the design for which a patent is applied is unpatentable under section 58, or the application for a patent or petty patent does not comply with Clause 2 (3) or 3 (3), the competent officer shall submit an examination report to the Director-General for rejecting the application for a patent or petty patent.
Before rejecting the application under the first paragraph, the Director-General may instruct the applicant to answer any question or to amend the application for a patent or petty patent.
Clause 7 Where a request for amendment is made by the applicant pursuant to Clause 5 or 6 paragraph two or under the Ministerial Regulations issued under Section 20 or Sections 65 and 20 or Section 65 decies and 20, as the case may be, the competent officer shall examine such amendment whether it complies with the requirement or the Ministerial Regulations.
Clause 8 Where it appears that the application for a petty patent does not comply with Sections 65 decies and 18, the competent officer shall instruct the applicant to separate the application into a number of applications by amending the original application to relate to a single invention and filing separate applications for the other inventions.
The applications separated under the first paragraph shall comply with the requirements for a normal application for a petty patent and shall not enlarge the scope of the scope of the invention disclosed in the original application. In such a case, the applicant shall not be required to submit additional written evidence showing that he is entitled to apply for a petty patent.
Clause 9 Where the Director-General finds, on the basis of the examination report submitted by the competent officer, the application for a patent or petty patent does not comply with the provisions of the law and reject the application under Section 28 (1), Sections 65 and 28 (1), or Section 65 quinquies (1), as the case may be, the competent officer shall notify the applicant of such decision and publish it by placing the decision in an open area within the Department Intellectual Property, Ministry of Commerce for at least thirty days.
The publication of the decision refered to in the first paragraph shall indicate at least the following particulars:
(1) the number of the application and date of application;
(2) the name of the applicant and the agent (if any);
(3) the name of the inventor or creator, and the title of the invention or design;
(4) the reasons of the rejection.
The notification under the first paragraph shall be in writing and sent by acknowledgement mail or any other method prescribed by the Director-General.
Clause 10 In the case where the Director-General has, on the basis of the examination report submitted by the competent officer, order the publication of the application for a patent or the registration of an invention and the grant of a petty patent under Section 28 (2), Sections 65 and 28 (2) or Section 65 quinquies (2), as the case may be, when the applicant has paid the fees within the prescribed period, the competent officer shall publish the application or the registration of the invention and the grant of the petty patent in the Patent Applications Publication Gazette or the Registration of Inventions and Grants of Petty Patents Publication Gazette, as the case may be.
The publication under the first paragraph shall indicate at least the following particulars:
(1) the number of the application and date of application;
(2) the name of the applicant and the agent (if any);
(3) the name of the inventor or creator, and the title of the invention or design;
(4) the date of publication;
(5) other particulars as the Director-General deems appropriate.
Clause 11 Where an application has been published in accordance with Section 28 (2) or Sections 65 and 28 (2) and the applicant has filed a request for examination pursuant to Section 29 or there is an opposition that the invention or design claimed in the application does not comply with the provisions of Section 5 or 56 or where a request for examination of the invention for which a petty patent is applied under Section 65 sexies, the competent officer shall examine the application as to substance as follows:
(1) whether the subject matter of the invention or design claimed in the application was disclosed or described in any document or printed matter forming part of the documentation collected for the purpose of examining patent applications;
(2) whether the subject matter of the invention claimed in the application was that was applied for a patent or petty patent in the country and in a foreign country and was published before the application was filed in the country
The Director-General may, where he deems appropriate, require the competent officer to examine whether the claimed invention satisfies the conditions set forth in Section 5, 56 or 65 bis other than those specified in (1) and 2.
Clause 12 After the publication of the application under Clause 10, the competent officer shall examine whether or not the application is seeking protection for several inventions or designs, which does not comply with the provisions of Section 18 or 60. In this case, the provisions of Clause 8 shall apply mutatis mutandis.
Clause 13 In the case where the applicant has applied for a patent for the claimed invention in a foreign country, the applicant, when he has received the examination report or any document showing the result of the examination, shall submit such report or document together with its translation in Thai within ninety days from the date of receipt of such report or document.
If the applicant has applied for patent in two foreign countries or more, he shall submit the examination report or document issued by the first country he filed his application or the country prescribed by the Director-General.
The examination report or document showing the result of the examination shall indicate the office or organization issuing such report or document, the name of the applicant, the filing date of the application, the symbol of the International Patent Classification which has been allocated to the application, the field of art in which the application has been examined and relevant documents showing the prior art and which should be considered, and shall also specify whether the claimed invention satisfies the requirements prescribed by the law of that country or not, whether the description complies with the law of that country or not, whether protection under the law of that country should be granted to the claims or not, and state the reasons of the decision.
The documents under the first and second paragraphs shall be filed with or sent by registered mail to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed by the Director-General.
Where the examination report or document showing the result of the examination does not comply with paragraph 3 of this Clause, the Director-General may, of requested by the applicant, allow the applicant to submit such a report or document.
Clause 14 Where the applicant wants to convert his application from an application for a patent to an application for a petty patent or from an application for a petty patent to an application for a patent, as the case may be, the applicant shall submit an application for such conversion in the form as prescribed by the Director-General to the competent officer or send the application by registered mail to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed by the Director-General.
The application for conversion under the first paragraph shall consist of the documents forming the application for a patent or petty patent prescribed by the Ministerial Regulations issued under Section 17 or Sections 65 decies and 17, as the case may be.
The applicant for conversion under the first paragraph shall not be entitled to refund an excess amount of the fees already paid.
Clause 15 The application for invention patents filed before the entry into force of these Ministerial Regulations upon which the Director-General has not made his order under Section 33 or 34 shall be processed in accordance with these Ministerial Regulations.
Clause 16 The applications for invention patents filed before the entry onto force of the Patent Act (No.3) B.E. 2542 proposed to be converted to the other type of application shall comply with Clause 10 of these Ministerial Regulations.
Given on September 24, 1999
(sign) Paitoon Kaewtong
(Mr.Paitoon Kaewtong)
Deputy Minister of Commerce
Acting for the Minister of Commerce
Ministerial Regulations
No. 23 (B.E. 2542) (1999)
Issued under the Patent Act B.E. 2522 (1979)
By virtue of Section 4 of the Patent Act B.E. 2522 and Section 42 of the Patent Act (No.3) B.E. 2542, the Minister of Commerce hereby issues the Ministerial Regulations as follows:
Clause 1 The Ministerial Regulations No. 12 (B.E. 2535) issued under the Patent Act B.E. 2522 shall be repealed.
Clause 2 The fees shall be as follows:
(1) An application for a patent for an 1,000 Baht
(2) An application for a patent for a design 500 Baht
(3) An application for a petty patent 500 Baht
(4) Applications for design patents for the same design which are filed at
the same time in a number of ten or more applications 4,500 Baht
(5) Publication of a patent application 500 Baht
(6) A request for patent examination 500 Baht
(7) An opposition to a patent application 500 Baht
(8) A patent or petty patent 1,000 Baht
(9) Annual fees for invention patents
fifth year 2,000 Baht
sixth year 2,400 Baht
seventh year 3,200 Baht
eighth year 4,400 Baht
ninth year 6,000 Baht
tenth year 8,000 Baht
eleventh year 14,000 Baht
twelfth year 13,200 Baht
thirteenth year 16,400 Baht
fourteenth year 20,000 Baht
fifteenth year 24,000 Baht
sixteenth year 28,400 Baht
seventeenth year 33,200 Baht
eighteenth year 38,400 Baht
nineteenth year 44,000 Baht
twentieth year 50,000 Baht
or payment of all annual fees in one payment 280,000 Baht
(10) Annual fees for design patents:
fifth year 1,000 Baht
sixth year 1,300 Baht
seventh year 1,900 Baht
eighth year 2,800 Baht
ninth year 4,000 Baht
tenth year 5,500 Baht
or payment of all annual fees in one payment 15,000 Baht
(11) Annual fees for petty patents:
fifth year 1,500 Baht
sixth year 3,000 Baht
or payment of all annual fees in one payment 4,000 Baht
(12) Fees for the extension of the term of petty patents:
first extension 12,000 Baht
second extension 18,000 Baht
(13) An application for the registration of a license 500 Baht
(14) An application to record the assignment of a patent or petty patent 500 Baht
(15) An application for conversion of a patent or petty patent 200 Baht
(16) A licensing certificate 1,000 Baht
(17) A substitute of a patent, petty patent or licensing certificate 100 Baht
(18) An appeal against an order or decision of the Director-General 1,000 Baht
(19) Certifying copies of documents
of more than ten pages, each document 100 Baht
of not more than ten pages, each page 10 Baht
(20) Any other application 100 Baht
For the purpose of this Clause, “ applications for design patents for the same design which are filed at the same time in a number of ten or more applications” refer to applications for design patents for designs with identical main features and different minor features.
Main features refer to design features with apparently distinctive characteristics.
Minor features refer to design features without apparently distinctive characteristics.
Clause 3 The annual fees prescribed in these Ministerial Regulations shall be applicable to the patents granted before the entry into force of the Patent Act (No.3) B.E. 2542 until the expiration of the terms of such patents.
Given on September 24, 1999
(sign) Paitoon Kaewtong
(Mr.Paitoon Kaewtong)
Deputy Minister of Commerce
Acting for the Minister of Commerce
Ministerial Regulations
No. 24 (B.E. 2542) (1999)
Issued under the Patent Act B.E. 2522 (1979)
By virtue of the power granted under Sections 4, 12, 13 and 65 of the Patent Act B.E. 2522 and Section 65 decies of the Patent Act B.E. 2522 as amended by the Patent Act (No.3) B.E. 2542, the Minister of Commerce issues the Ministerial Regulations as follows:
Clause 1 The following shall be repealed:
(1) Ministerial Regulations No. 5 (B.E. 2524) issued under the Patent Act B.E. 2522;
(2) Ministerial Regulations No. 17 (B.E. 2535) issued under the Patent Act B.E. 2522;
Clause 2 In these Regulations:
“employee” means a private employee, a government official or an employee of a government organization or enterprise under Section 12 or 13 as the case may be;
“employer” means a private employer, a government agency, a government organization or enterprise under Section 12 or 13 as the case may be;
Clause 3 A request for remuneration may be made only after the patent for an invention or a design or the petty patent has been granted and in such a case, it shall be made within one year after he learned of the grant of the patent or petty patent. In cases where the employee has a legitimate reason that he did not know that the patent or petty patent was granted, he may file the request any time before the expiry of the patent or petty patent.
In making a request under the first paragraph, the employee shall submit the request in the form prescribed by the Director-General in triplicate and shall give reasons as well as buttressing evidence, if any, and also specify the amount of remuneration that he thinks should be awarded to him to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed by the Director-General.
Clause 4 Where an invention is made by two or more employees jointly, the request for remuneration may be made jointly or separately.
Clause 5 The competent officer shall, within thirty days following the receipt of the request, publish the request in an open area within the Department of Intellectual Property, Ministry of Commerce, for at least thirty days, and shall notify in writing and send a copy of the request to the employer and other employees who jointly invented or created with the employee who filed the request, if any.
Clause 6 If the employer thinks that the employee is not entitled to such remuneration or the amount of remuneration specified in the request is not appropriate or has any other argument, he shall notify in writing and file evidence in support his case, if any, with the competent officer within ninety days following the receipt of the notification from the competent officer under Clause 5.
Within thirty days following the receipt of the notification of the employer under the first paragraph, the competent officer shall notify in writing and also send a copy of the notification of the employer and the submitted evidence (if any) to the employee. If the employee disagrees with the employer, he shall submit the explanation and supporting evidence (if any) within ninety days following the receipt of the notification. When the employee has submitted his explanation within the said period, the competent officer shall record such in the request and submit the Director-General for consideration.
Clause 7 In cases where any act is not done within the period specified in Clause 5 or 6 due to a cause of necessity, the Director-General may extend the said period for no more than twice which shall not exceed thirty days for each extension, and shall specify the reasons for such extensions in his order.
Clause 8 In fixing the amount of remuneration under Section 12, paragraph 4 of the Patent Act B.E. 2522, the Director-General shall also take the following matters in account:
(1) the nature of the employee’s duties;
(2) the diligence and skill which the employee has devoted to making his invention or design;
(3) the diligence and skill which any other person has devoted to making the invention or design jointly with the employee concerned, and the advice and other assistance contributed by any other employee who is not a joint-inventor or joint-creator;
(4) the assistance contributed by the employer to the making of the invention or the creation of the design by the provision of property, advice, facilities, preparatory work or management in acquiring resources or services for the experimenting, developing or working of the invention or design;
(5) the benefits derived or expected to be derived by the employee from authorizing others to exploit the invention or design, including the assignment of the patent to others;
(6) the total number of the employees who jointly made the invention or created the design.
Clause 9 In order to facilitate the fixing of the amount of remuneration, the Director-General may instruct the employee who filed the request or the employer to appear before him in order to answer any question, or to hand over to him any document or evidence.
Clause 10 The requests for remuneration filed before the entry into force shall be executed in accordance with these Ministerial Regulations.
Given on September 24, 1999
(sign) Paitoon Kaewtong
(Mr.Paitoon Kaewtong)
Deputy Minister of Commerce
Acting for the Minister of Commerce
Ministerial Regulations
No. 25 (B.E. 2542) (1999)
Issued under the Patent Act B.E. 2522 (1979)
By virtue of the power granted under Sections 4, 39 (1), 41 paragraph one, 42, and 65 of the Patent Act B.E. 2522 Section 39 (1) paragraph two of the Patent Act B.E. 2522 as amended by the Patent Act (No.2) B.E. 2535 and Section 65 decies of the Patent Act B.E. 2522 as amended by the Patent Act (No.3) B.E. 2542, the Minister of Commerce issues the Ministerial Regulations as follows:
Clause 1 The Ministerial Regulations No. 15 (B.E. 2535) issued under the Patent Act B.E. 2522 shall be repealed.
Clause 2 In these regulations,
“Patent licence” means an agreement whereby the patentee licenses under Section 38 or Sections 65 and 38 a licence to exercise the rights under Sections 36 and 37 or Section 65 and 37, as the case may be, for a fixed period of time whether or not remuneration or provisions relating to other matters are included,
“Petty Patent Licence ” means an agreement whereby the owner of a petty patent licenses under Sections 65 decies and 38 a licensee to exercise the rights under Sections 65 decies and 36 and 37 for a fixed period of time whether or not remuneration or provisions relating to other matters are included,
“Licensee” means a person who has been licensed to exercise rights under a patent licence or a petty patent licence,
“Law on competition” means the law on pricing of goods and services, competition or anti-monopoly law or the prevention of unfair competition.
Clause 3 Whether or not a condition, restriction or remuneration in a patent licence or a petty patent licence is unjustifiably anti-competitive shall be considered on each individual case of sucha licence by examining the purpose or intent of the parties whether they intend to cause unfair competition and the consequences derived or may derive from such a condition, restriction or remuneration and taking into account the judicial decisions, decisions of the Board of Patents and decisions of the committees appointed under the law on competition.
Where it appears to the Director-General that any patent licence or petty patent licence contains any of the following conditions, restrictions or remuneration, he shall consider whether or not such condition, restriction or remuneration is unjustifiably anti-competitive pursuant to Section 39 (1), Sections 65 and 39 (1) or Sections 65 decies and 39 (1), as the case may be, by applying the criteria prescribed in the first paragraph:
(1) a requirement that the licensee shall obtain all or part of the material to be used in production from the patentee, the owner of a petty patent or from the distributor, designated or licensed by the patentee or the owner of a petty patent, whether or not such materials are obtained for value, unless it is proved that the requirement is necessary for the effective working of the patent and the calculated value is no higher than the price of materials of comparable quality obtainable from other sources;
(2) a prohibition against the licensee obtaining all or part of the materials to be used in production from sellers designated by the patentee or the owner of a petty patent, as the case may be, unless it is proved that except for such prohibition the working of the patent or petty patent would be ineffective or the materials cannot be obtained from other sources;
(3) a condition or restriction on the licensee concerning the employment of persons for manufacturing in which the licensed invention or design is used unless it is proved such requirement is necessary for the effective working of the patent or petty patent;
(4) a requirement that the licensee shall sell or distribute more than half his production to the patentee or persons designated by the patentee or the owner of the petty patent;
(5) a requirement that the patentee shall appoint the patentee, the owner of the petty patent or persons designated by the patentee or the owner of the petty patent as the seller or distributor of all or part of his production;
(6) a restriction on the quantity of production, sale or distribution of the licensee’s products;
(7) a prohibition on the export of the licensed products for sale or distribution in another country or a requirement that the licensee shall seek an authorization from the patentee or the owner of the petty patent before the export of the licensed product for sale or distribution in another country unless the patentee or the owner of the petty patent is also the patentee or the owner of the patent in such country and has exclusively licensed another person to sell or distribute the patented products in such country prior to the entering of the licence agreement with the licensee;
(8) a condition or restriction on the licensee concerning study, research, experimentation, analysis or development of the invention or industrial design;
(9) a condition or restriction on the licensee on the use of inventions or industrial designs of others apart from the licensed invention or industrial design;
(10) a requirement that the patentee or the owner of the patent shall have authority in fixing the selling price or marketing of the products manufactured;
(11) an exclusion or limitation of the liability of the patentee or the owner of the patent for defects in the licensed invention or product design not easily checked at the time of entering the license agreement;
(12) fixing the remuneration for the licence which is excessive or unfair when compared with the rates prescribed in the patentee’s license agreements with other licensees;
(13) other conditions in violation of the law on competition.
Clause 4 The following condition, restriction or remuneration shall be regarded as being unjustifiably anti-competitive regardless of the criteria prescribed in Clause 3:
(1) a requirement that the licensee shall use other invention or design of the patentee or the owner of the petty patent with remuneration for such use, unless it is proved that the requirement is necessary for the effective working of the patent or petty patent or the invention or design cannot be obtained from any other source in the country and the remuneration is suitable with the benefits from such invention or design;
(2) a prohibition that the licensee shall not challenge or raise a defense that the patent is invalid pursuant to Section 54 or 64 or the petty patent is invalid pursuant to Section 65 novies or Section 77 octies;
(3) a requirement that the licensee shall disclosed to the licensor any improvement of the licensed invention or design or allow the patentee to exclusively exploit such improved invention or design without providing for appropriate compensation for such exploitation;
(4) a requirement that the licensee shall pay remuneration for the use of the licensed invention or design after the expiry of the patent or petty patent;
(5) a requirement that the licensee shall be subject to such a condition, restriction or remuneration regarded as being unjustifiably anti-competitive by the court, the Board of Patents or the committees appointed under the law on competition.
Clause 5 In applying for the registration of a patent licence or a petty patent licence, the patentee or the owner of the patent shall summit an application in the form prescribed by the Director-General together with the licence to the competent officer or send by a registered mail to any of the following places:
(1) The Department of Intellectual Property, Ministry of Commerce;
(2) Any provincial commercial office or governmental office prescribed by the Director-General.
In filing the application under the first paragraph, the patentee or the owner of the petty patent who does not reside in the country shall appoint an agent registered with the Director-General to act on his behalf by submitting a power of attorney with the application as follows:
(1) In the case where the appointment is done in a foreign country, the power of attorney shall be certified by a competent officer of the Thai embassy or consular office or head of the office attached to the Thai Ministry of Commerce in such country or any officer designated to act on behalf of the officer or certified by a person empowered by the law of such country to certify signatures; or
(2) In the case where the appointment is done in Thailand, a copy of the passport or certificate of temporary residence or other evidence to prove to the Director-General that the applicant is actually in Thailand when such appointment is done.
In the case where the patentee or the owner of the patent resident of Thailand wants to appoint another person to file the application on his behalf may appoint an agent registered with the Director-General by submitting his power of attorney with the application.
Clause 6 In applying for the registration of the assignment of a patent or a petty patent, the assignee shall submit an application in the form prescribed by the Director-General together with the assignment agreement to the competent officer or send by a registered mail to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed by the Director-General.
In applying for the registration of the transfer of a patent or petty patent by succession, the heir of the patentee or the or the owner of the patent shall submit an application in the form prescribed by the Director-General together with the evidence of inheritance prescribed in the notifications of the Department of Intellectual Property to the competent officer or send by a registered mail to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed by the Director-General.
In filing the application under paragraph one or two and the applicant wants to appoint another person to act on his behalf, the provisions of Clause 5 paragraph two or three shall apply mutatis mutandis.
Clause 7 In considering the application for recordal under Clause 5 or 6, if the competent officer finds an application is not in order or the evidence is not complete, he shall notify the applicant to amend the application or submit additional document or things or may summon the applicant or agent to give additional statements.
If the applicant fails to comply with the order of the competent officer under the first paragraph within ninety days following the receipt of such order, he shall be deemed to have abandoned the application. In case of necessity, the Director-General may extend such period as he deems appropriate.
When the competent officer has examined the application and thinks it completely complies with Clause 5 or 6, he shall submit his report to the Director-General.
Clause 8 If the Director-General finds that the application for recordal of a patent licence or petty patent licence and supporting evidence is in order and complete under Clause 5 and the term of licence agreement are not contrary to the provisions of Section 39, Sections 65 and 39, Section 65 decies and 39 or other law, he shall direct that it shall be recorded . If the Director-General finds that the application or evidence is not in order or is not complete, he shall give an order refusing recordal.
In the event the Director-General finds that any provision of a patent licence or petty patent licence is contrary to the provisions of Section 39, Sections 65 and 39, Section 65 decies and 39 or other law, the matter shall be referred to the Board for consideration under Section 1 paragraph two, Sections 65 and 41 paragraph two or Section 65 decies and 41 paragraph two, as the case may be.
If the Director-General finds that an application to record an assignment or inheritance of a patent or petty patent and supporting evidence is in order and complete under Clause 6, he shall direct that it to be recorded. If the Director-General finds that the application or supporting evidence is incomplete, he shall give an order to refuse such recordation.
The competent officer shall, without delay, inform the applicant of the Director-General’s order to record or not to record.
Clause 9 If the documents submitted under these Ministerial Regulations are in a foreign language, the shall be accompanied by a translation into Thai certified correct by the translator.
Given on September 24, 1999
(sign) Paitoon Kaewtong
(Mr.Paitoon Kaewtong)
Deputy Minister of Commerce
Acting for the Minister of Commerce
Ministerial Regulations
No. 26 (B.E. 2542) (1999)
Issued under the Patent Act B.E. 2522 (1979)
By virtue of the granted under Sections 4 and 45 of the Patent Act B.E. 2522, Section 46 paragraph three of the Patent Act B.E. 2522 as amended by the Patent Act (No.2) B.E. 2535 and section 47, 47 bis, 50, 50 bis and 65 decies of the Patent Act B.E. 2522 as amended by the Patent Act (No. 3) B.E. 2542, the Minister of Commerce issues the Ministerial Regulations as follows:
Clause 1 The Ministerial Regulations No.14 (B.E. 2535) issued under the Patent Act B.E. 2522 shall be repealed.
Clause 2 Any patentee or owner of a petty patent who has not granted an exclusive licence to any other person may request for an entry to be made in the register of patents or petty patents indicating his consent to the effect that any other person may obtain a licence. The request together with a statement specifying that he shall not withdraw such consent in the form prescribed by the Director-General to the competent officer or send by a registered mail to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed by the Director-General.
Clause 3 When the patentee or the owner of a petty patent has filed the request under Clause 2 or the entry has been made in the register, the patentee shall not grant any exclusive licence to any other person.
Clause 4 Where a request has been received, the competent officer shall examine the documents and evidence submitted to support the request. Where it does not appear that the requestsets any conditions for the granting of licences or the patentee or the owner of the petty patent has granted any exclusive licence, the competent officer shall submit his report to the Director-General.
In case where there are joint owners of the patent or petty patent and all joint owners have indicated their consents to grant licenses to any other person, the competent officer shall record such consents in the request before submitting his report to the Director-General.
Clause 5 When the Director-General has approved an entry into the register to the effect that any other person may obtain a licence, the competent officer shall make such an entry in the patent register or the petty patent register and notify the patentee of the decision and also publish the entry in an open area within the Department of Intellectual Property, Ministry of Commerce, for at least thirty days.
Clause 6 Any person who wishes to obtain a licence under any patent or petty patent in respect of which an entry is made shall file an application in the form prescribed by the Director-General to the competent officer or send by a registered mail to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed by the Director-General.
The application for a licence under the first paragraph shall set forth the proposed conditions, the restrictions on the rights and the amount of remuneration.
Clause 7 Within thirty days following the receipt of the application for a licence, the competent officer shall notify the patentee or the owner of a petty patent of such application in writing and also send to him a copy of the application, and instruct him to respond in writing whether or not he agrees to the conditions, restrictions and amount of remuneration proposed by the applicant within ninety days following the receipt of the notification.
Clause 8 In cases where the patentee or the owner of a petty patent agrees to the conditions, restrictions and amount of remuneration proposed by the applicant, the Director-General shall grant alicence under such conditions, restrictions and amount of royalty, and the competent officer shall notify the applicant and the patentee or the owner of a petty patent of the decision.
Clause 9 If no agreement is reached by the patentee or the owner of a petty patent and the applicant, either because the patentee or the owner of a petty patent disagrees to the conditions, restrictions and amount of remuneration proposed by the applicant or it appears that the patentee or the owner of a petty patent has received the notification from the competent officer but fails to respond within the period prescribed in Clause 7, the Director-General shall instruct the patentee or the owner of a petty patent and the applicant to reach an agreement within the period prescribed by the Director-General. In cases where both sides fail to reach an agreement within the prescribed period, the Director-General shall grant a licence to the applicant and fix the conditions, restrictions and amount of remuneration as he deems appropriate, taking onto account the following matters:
(1) the importance of the invention;
(2) the status and nature of business of the applicant;
(3) the conditions, restrictions and amount of remuneration fixed for other licences;
(4) The benefits to be derived by the licensee from the invention;
(5) The benefits derived or expected to be derived by the patentee from the invention;
(6) The conditions, restrictions and remuneration as fixed by the Board of Patents in its decisions.
Clause 10 Where an entry is made to the patent register or the petty patent register to the effect that any person may obtain licence, the annual fees in respect of the patent or the petty patent register after the date of entry shall be reduced by one-half.
Clause 11 Any person who wishes to obtain a licence pursuant to Section 46 or Sections 65 decies and 46 shall file an application in the form prescribed by the Director-general with the competent officer or send by a registered mail to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed by the Director-General.
In applying for a licence under the first paragraph, the applicant shall:
(1) file evidence to show that, within three years following the grant of the patent or petty patent, the patented product has not been produced or the patented process has not been applied in the country without any legitimate reason, or no product produced under the patent or petty patent is sold in any domestic market or that such a product is sold but at unreasonably high prices or does not meet the public demand, without any legitimate reason;
(2) file evidence to show that the applicant has made an effort to obtain a licence from the patentee on the owner of a petty patent, as the case may be, having proposed conditions and
remuneration reasonably sufficient under the circumstances but unable to reach an agreement within a reasonable period;
(3) set forth the purposed scope and duration for the exploitation of the patent or petty patent, as the case may be, with the evidence to show that it is appropriate under the circumstances;
(4) set forth the proposed remuneration, conditions for the exploitation of the patent or petty patent and restrictions on the rights of the patentee or the owner of petty patent and his exclusive licensee under Section 48 paragraph two or Sections 65 decies and 48 paragraph two, as the case may be, and provide relevant information as to remuneration for the exploitation of the invention for which a licence is applied on comparable inventions of others;
(5) provide relevant facts to show that the proposed licensing shall be aimed predominately for the supply of the domestic market;
(6) file evidence showing the proposed plans for the manufacture, distribution or importation of the products covered by the patent or petty patent.
Clause 12 Any patentee or owner of a petty patent who wishes to obtain a licence under the patent of another person pursuant to Section 47 or petty patent of another person under Sections 65 decies and 47 shall file an application in the form prescribed by the Director-General with the competent officer or send by a registered mail to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed by the Director-General.
In applying for a licence under the first paragraph, the applicant shall:
(1) show by the evidence that:
(a) the invention of the applicant involves an important technical advance of considerable economic significance in relation to the invention for which the licence is applied;
(b) the patentee or the owner of a petty patent shall be entitled to a croo-licence on
reasonable terms;
(c) the applicant shall not assign his right in the licence to other persons except with the assignment of his patent or petty patent;
(2) the proposed remuneration, conditions for the exploitation of the patent or petty patent and restrictions on the rights of the patentee or the owner of a petty patent and his exclusive licensee under Section 48 paragraph two or Section 65 decies and 48 paragraph two, as the case may be,;
(3) the applicant agrees to cross-license his patent or petty patent to the patentee or the owner of a petty patent;
(4) the applicant has made an effort to obtain a licence from the patentee or the owner of a petty patent, having proposed remuneration and conditions reasonably sufficient under the circumstances but unable to reach an agreement in a reasonable period.
Clause 13 Any patentee or owner of a petty patent who wishes to obtain a licence under a patent of another person under Section 47 bis or petty patent of another person under Sections 65 decies and 47 bis, as the case may be, shall file an application in the form prescribed by the Director-General with the competent officer or send by a registered mail to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed by the Director-General.
In applying for a licence under the first paragraph, the applicant shall:
(1) show by the evidence that:
(a) the invention of the applicant involves an important technical advance of considerable economic significance in relation to the invention for which the licence is applied;
(b) the applicant shall not assign his right in the licence to other persons except with the assignment of his patent or petty patent;
(2) the proposed remuneration, conditions for the exploitation of the patent or petty patent and restrictions on the rights of the patentee or the owner of a petty patent and his exclusive licensee under Section 48 paragraph two or Section 65 decies and 48 paragraph two, as the case may be;
(3) the applicant has made an effort to obtain a licence from the patentee or the owner of a petty patent, having proposed remuneration and conditions reasonably sufficient under the circumstances but unable to reach an agreement in a reasonable period.
Clause 14 Where the Director-General has ordered that a licence be granted and the applicant has paid the fees, the competent officer shall issue a licensing certificate to the applicant and record the details of such licence in the register of patents or petty patents.
In the case where an appeal against the decision of the Director-General to the Board of Patents is made by any party, when the Board has made a decision and granted a licence to the applicant and the fees paid by the applicant, the competent officer shall issue a licensing certificate to the applicant and record the details of such licence in the register of patents or petty patents.
In the case where an appeal against the decision of the Board to the court is made by any party, when the court has rendered a judgement granting a licence to the applicant and he has paid the relevant fees, the competent officer shall issue a licensing certificate to the applicant and record the details of such licence in the register of patents or petty patents.
Clause 15 The licensing certificate shall be in Form PI/201-B and PP/201-B annexed to these Ministerial Regulations.
Clause 16 The patentee, the owner of a petty patent, the exclusive licensee under Section 48 paragraph two or Sections 65 decies and 48 paragraph two, as the case may be, may submit a request for the termination of the licence granted by the reasons under Section 46 or Section 65 decies and 46 in the form prescribed by the Director-General to the competent officer or by a registered mail to the competent officer at any of the following places:
(1) the Department of Intellectual Property, Ministry of Commerce;
(2) any provincial commercial office or governmental office prescribed by the Director-General.
In submitting the request under the first paragraph, the applicant shall show by evidence the following:
(1) the circumstances that led to the grant of the licence has ceased to exist and are unlikely to recur; and
(2) the termination of the licence would not affect the rights and interests of the licensee under the licence.
Clause 17 When the Director-General has ordered the termination of a licensing certificate, the competent officer shall, without delay, notify the patentee, the owner of a petty patent, the licensee under Section 38 or Section 65 decies and 38.
Clause 18 In the case where an appeal is not made by any party or where an appeal is made but the Board has given a final decision or the court has rendered a final judgement to terminate the licensing certificate, the competent officer shall record such termination in the register of patents or petty patents.
Clause 19 The request for the recordation of consent to the effect that any person may obtain a licence, the application for and grant of licensing certificate under section 45, 46, 46 bis, 47 or 50 approved or issued before the entry into force of the Patent Act (No.3) B.E. 2542 shall comply with the procedures, rules and conditions set forth in the Ministerial Regulations No.14 (B.E. 2535) issued under the Patent Act B.E. 2522.
Given on September 24, 1999
(sign) Paitoon Kaewtong
(Mr.Paitoon Kaewtong)
Deputy Minister of Commerce
Acting for the Minister of Commerce
Ministerial Regulations
No. 27 (B.E. 2542) (1999)
Issued under the Patent Act B.E. 2522 (1979)
By virtue of the power granted under Section 4, Section 53 paragraph one and Section 65 of the Patent Act B.E. 2522 and Section 65 decies of the Patent Act B.E. 2522 as amended by the Patent Act (No.3) B.E. 2542, the Minister of Commerce issues the Ministerial Regulations as follows:
Clause 1 The following shall be repealed:
(1) Ministerial Regulations No.8 (B.E. 2529) issued under the Patent Act B.E. 2522;
(2) Ministerial Regulations No.18 (B.E. 2535) issued under the Patent Act B.E. 2522;
Clause 2 In applying for the surrender of a patent or any claim or claims, the patentee or the owner of the petty patent shall file an application in the form prescribed by the Director-General with the competent officer at the Department of Intellectual Property, Ministry of Commerce or send the application by a registered mail to the competent officer at any of the following places:
(1) The Department of Intellectual Property, Ministry of Commerce;
(2) Any provincial commercial office or governmental office prescribed by the Director-General.
In filing the application under the first paragraph, if the patentee or the owner of the patent is not resident if Thailand, ha shall appoint an agent registered with the Director-General to act for him by filing the power of attorney with the application in accordance with the following:
(1) in the case where the appointment of the agent is done in a foreign country, the power of attorney shall be certified by an officer of the Thai embassy or consular office or head of the office attached to the Thai Ministry of Commerce in the country in which the person appointing the agent resides or any officer designated to act on behalf of the said officer, or certified by any person authorized by the law of the said country to certify signatures; or
(2) In the case where the appointment is done in Thailand, a copy of the passport or certificate of temporary residence or other evidence to prove to the Director-General of the entry to Thailand at the time of the appointment of the agent.
Clause 3 In filing the application under Clause 2, if the patent or petty patent is jointly-owned, the applicant shall file evidence showing the consent of all joint-owners.
If the patent has been licensed under Section 38, 45, 46, 47 or 47 bis or the design patent under Sections 65 and 38 or the petty patent under Sections 65 decies and 38, 45, 46, 47 or 47 bis, the evidence showing the consent of the parties concerned shall be filed together with the application.
Clause 4 The application for the surrender of a patent or any claim or claims shall not be made in the following circumstances:
(1) there is a lawsuit alleging that the patent or petty patent which is or of which a claim is proposed to be surrendered infringes a patent or petty patent of another person pending in the court;
(2) there is a lawsuit requesting for the cancellation of the said patent or petty patent under Section 54, 64 or 65 novies pending in the court.
Clause 5 In the course of examination of the application for the surrender of a patent, petty patent or claims, the competent officer may instruct the patentee, the owner of a petty patent, the joint owner of the patent or petty patent or his representative or any other person who has an interest to appear before him to answer any question or hand over to him any document or item within the prescribed period.
Clause 6 When the competent officer has examined the application filed under Clause 2, including the evidence filed or statements of the persons instructed to appear before him under Clause 5, if any, he shall submit his opinion to the Director-General.
Clause 7 When the application under Clause 2 has been approved by the Director-General, the competent officer shall record the said surrender in the register of patents or petty patents and notifythe patentee or the owner of the petty patent of the decision, and shall publish the surrender of the patent, petty patent or claims in an open area at the Department of Intellectual Property, Ministry of Commerce for at least thirty days.
If the application under Clause 2 is rejected by the Director-General, the competent officer shall notify the patentee of the rejection without delay.
Clause 8 Any document required to be submitted under these egulations which is in a foreign language shall be accompanied by a Thai translation certified by the translator to be true.
Clause 9 The applications for the surrender of patents or claims filed before the entry into force of these Regulations shall be executed in accordance with these regulations.
Given on September 24, 1999
(sign) Paitoon Kaewtong
(Mr.Paitoon Kaewtong)
Deputy Minister of Commerce
Acting for the Minister of Commerce
Disclaimer: This English translation is provided for general understanding only and has no legal authority.
In case of any discrepancy, the official Thai version, as published in the Royal Thai Government Gazette, shall prevail.