Patent in Thailand

Patents play a crucial role in protecting innovation by granting inventors exclusive rights over their inventions. In Thailand, patent protection enables businesses and individuals to safeguard technological advancements, prevent unauthorized use, and capitalize on their research and development efforts.

What is a patent?

According to the Patent Act B.E. 2522 (1979) as amended by the Patent Act (No.2) B.E 2535 And the Patent Act (No.3) B.E. 2542, patent refers to a document issued to grant protection for an invention or a design under the provisions of this Act. In other words, a patent is an exclusive legal right granted to an inventor for a new invention and design by providing protection against unauthorized making, using, selling, or importing of the patented invention and design.

Types of Patents in Thailand

According to Patent Act B.E. 2522 (1979) and its amendments, Thailand recognizes three main types of patent protection:

1. Invention Patents

• Protect new and innovative products or processes
• Require full substantive examination
• Valid for 20 years from the filing date

2. Utility Models (Petty Patents)

• Suitable for incremental innovations or improvements
• No substantive examination required (faster registration)
• Valid for 6 years from the filling date, extendable twice for 2 years each (maximum of 10 years)

3. Design Patents

• Protect the ornamental or aesthetic aspects of a product
• Focus on shape, configuration, or pattern
• Valid for 10 years from the filing date

Eligibility for Thailand Invention Patent Protection

To be eligible for patent protection in Thailand under Section 5 of the Patent Act  B.E. 2522 (1979), an invention must satisfy three key requirements:

1. Novelty – The invention must be new and not previously disclosed to the public anywhere in the world.
2. Inventive Step – The invention must not be obvious to a person skilled in the relevant field.
3. Industrial Applicability – The invention must be capable of being used in industry.

Patent Registration Process

Patent protection in Thailand is obtained through registration with the Department of Intellectual Property (DIP). The process for registration of patent includes several key steps as follows:

1. Pre-filing Assessment
   Evaluation of patentability and strategic advice on the appropriate type of protection.
2. Drafting and Filing
   Preparation of detailed patent specifications, claims, and drawings.
3. Publication
   Applications are published, allowing third parties to review and oppose.
4. Examination
   Invention patents require substantive examination upon request. Utility models (petty patents) undergo formal examination only.
5. Grant of Patent
   Once approved, the patent is granted and enforceable.

What are the benefits of patent?

A granted patent provides the owner with exclusive rights to:

• Manufacture the invention
• Use the patented invention and design 
• Sell or offer for sale the patented product
• License or assign the patent to third parties
• Prevent unauthorized exploitation of the patented product (enforcement)

Patent Enforcement Thailand

Patent holders can enforce their rights through:

• Civil Litigation – Seeking injunctions, damages, and compensation
• Criminal Actions – In cases of willful infringement
• Border Measures – Cooperation with customs authorities to block infringing imports

Note: Disputes related to patents are handled by Thailand’s specialized Intellectual Property and International Trade Court. This ensures expertise and efficiency, including compliance with the international standards. 

Patent Licensing and Assignment

Patents can be commercially leveraged through:

• Licensing Agreements – Allowing others to use the invention under agreed terms
• Assignments – Transfer of ownership rights

Recordation with the relevant authorities is recommended to ensure enforceability against third parties.

International Protection

Patent Cooperation Treaty (PCT) is an international system that allows applicants to seek patent protection in multiple countries through a single international application. As of 2026, there are 158 member countries, including Thailand. PCT enables applicants to:

• File one international application designating multiple countries;
• Delay national phase filings while assessing commercial viability; and
• Receive an international search report and preliminary opinion on patentability.

Note: The applicants can file a PCT application and later enter the national phase in Thailand, or file directly in Thailand and claim priority from an earlier foreign application (typically within 6 months from the priority date). Once the application is in the Thai national phase, it will be examined in accordance with Thai law.

How We Can Help

At Skyinterlegal, we provide end-to-end patent services designed to protect and maximize the value of your innovations. Our services include: 

• Patentability Assessment
  We evaluate your invention and advise on the most effective protection strategy.
• Patent Drafting & Filing
  Our team prepares high-quality patent specifications and manages the filing process in Thailand.
• Prosecution & Examination
  We represent clients throughout the examination process, including responding to office actions and objections.
• Portfolio Management
  We assist with maintaining your patent rights, including renewals, annuities, and strategic portfolio development.
• Enforcement & Dispute Resolution
  We act swiftly against infringement through litigation, negotiation, and administrative measures.
• Commercialization
  We support licensing, technology transfer, and other commercial arrangements to help you realize the full value of your patents.

Why Choose Us

• Technical and Legal Expertise
  Our team combines legal knowledge with technical understanding across various industries, ensuring precise and effective patent protection.
• Strategic Approach
  We align patent protection with your broader business and innovation strategy.
• Efficient Process Management
  We handle complex procedures efficiently, minimizing delays and maximizing protection.
• International Capability
  We assist both domestic and international clients, including coordination with foreign filings and cross-border strategies.
• Full-Service Support
  From initial concept to enforcement and commercialization, we provide comprehensive patent services in Thailand.

Contact Us

If you are developing new technology or seeking to protect an invention in Thailand, our team is ready to assist. Contact us today to discuss how we can help secure and enforce your patent rights.

Frequently Asked Questions (FAQs)

How long does patent protection last?

• Invention Patent: 20 years from filing date
• Design Patent: 10 years from filing date
• Petty Patent: Initial 6 years, extendable twice for 2 years each (maximum of 10 years)

How long does it take to obtain a patent in Thailand?

Invention patents may take several years due to substantive examination. Design and petty patents are generally faster as they undergo only formal examination 

Can foreign applicants apply for patents in Thailand?

Yes, foreign individuals and companies can apply for patent protection in Thailand.

Do I need to register a patent to obtain protection?

Yes, patent protection in Thailand is only granted upon successful registration with the Department of Intellectual Property (DIP).

What is the difference between an invention patent and a petty patent?

An invention patent requires an inventive step and undergoes substantive examination, while a petty patent does not require an inventive step and is granted more quickly with only formal examination.

What cannot be patented in Thailand?

Certain subject matter is excluded from patent protection, including:

• Naturally occurring microorganisms and their components
• Scientific or mathematical theories
• Computer programs
• Methods of diagnosis, treatment, or cure of human and animal diseases
• Inventions contrary to public order or morality

Can I disclose my invention before filing a patent?

No, public disclosure before filing may destroy the novelty of the invention and affect patentability. It is advisable to file a patent application before any public disclosure.

Can I file a patent application in multiple countries?

Yes, you may file separate national applications or use international systems, such as the Patent Cooperation Treaty (PCT) which Thailand is a party, to streamline filings in multiple jurisdictions.

What happens if someone infringes my patent?

You may take legal action to stop the infringement, claim damages, and seek other remedies under Thai law.