PCT NATIONAL PHASE ENTRY
Thailand

Thailand is often recognized as an emerging economy. The nation's economic foundation is primarily export-oriented, hosting production facilities owned by major automotive manufacturers from Japan, the United States, and India. Consequently, the country holds the position of the second-largest economy in South-East Asia, trailing only behind Indonesia.

Key elements contributing to Thailand's economic strength include a young and well-educated workforce, reflected in an impressively low unemployment rate of just 1.2%. Additionally, there is a growing awareness of intellectual property within the country. This burgeoning recognition allows applicants with international applications, such as those under the Patent Cooperation Treaty (PCT), to seamlessly pursue their endeavors within the Thai jurisdiction. The following country became part of Patent Cooperation Treaty on December 29, 2009.

The major requirements and procedure to file a patent application in Thailand are mentioned below:

The designated period for submitting a patent application in Thailand under the framework of the Patent Cooperation Treaty (PCT) is 30 months from the earliest date of priority.

The exclusive language sanctioned for filing national phase application in this jurisdiction is strictly Thai. Consequently, any patent application intended for submission in Thailand must perfectly incorporate accurate translation of the complete specification into the Thai language.

The deadline for submitting a patent application and submiting the traslation to the national phase cannot be extended. In the event of an incomplete translation submitted to the Office, the applicant will receive an invitation to provide the missing translation within a specified time frame. Failure to meet this deadline will result in the international application being considered withdrawn.

The essential documents required for submitting national phase application consists of:

• Power of Attorney
• Assignment Deed:  it is necessary when the applicant for the international application is different from the applicant for the Thai patent application.
• Verified Thai Translation
• Declaration: If the person applying is also the inventor, they need to include a statement confirming their right to apply for a patent.

No exemptions in cost are granted for the patent application when entering the national phase.

To initiate the examination process, applicants must submit their requests, along with the prescribed fees, within a generous timeframe of five years from the date of the patent application's publication. This substantial period allows ample opportunity for timely and comprehensive examination proceedings.

Patent Prosecution Highway Program under the PCT

The aim of the PPH is to make it super easy for applicants to get a patent everywhere and quickly. It's like a global teamwork where IP Offices share their findings to make exams easier and improve their quality worldwide, making it a breeze for everyone. Under specific conditions, it becomes feasible to ask for a speedy examination through PPH.

Several agreements have been made between patent offices to encourage collaboration. These agreements allow patent applicants to ask for quicker processing in the national phase. This means that patent examiners can use work done by other participating offices. The work products may include:

• The written opinion from the International Searching Authority,
• The written opinion from the International Preliminary Examining Authority, or
• The international preliminary examination report under the PCT, given certain conditions are met

The pilot program for the Patent Prosecution Highway (PPH) between the Department of Intellectual Property of Thailand (DIP) and the Japan Patent Office (JPO) will be active for two years, which started on January 1, 2022, and will be concluded on December 31, 2023. Following a joint review and assessment of the program's implementation by Department of Intellectual Property of Thailand and Japan Patent Office, there is a possibility of extending the pilot program.

Yearly fees for patents must be paid starting from the fifth year after the patent is granted, and for every year thereafter. The first annual fee should be paid within 60 days of receiving the patent in the folliowing jurisdiction.

The patent term for patents in Thailand is 20 years from the international filing date. In the following jurisdiction, patent term extension is entirely non-existent, with no provisions for prolonging the duration under any circumstances.

The Global Innovation Index (GII), a joint endeavor by Cornell University, INSEAD, and the World Intellectual Property Organization (WIPO), serves as a ranking system for countries, assessing their innovation success and capabilities. This index considers a range of indicators, blending subjective and objective data from diverse sources to provide a comprehensive evaluation of each nation's innovation performance. Considering Thailand's position, it ranks 43rd among the 132 economies enlisted in the GII 2022.