WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/l/THAlI/l 
13 November 2000 
(00-4809) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
THAILAND 
The present document reproduces the textl of the Patent Act B.E. 2522 (A.D. 1979), as 
amended by Patent Act (No 2) B.E. 2535 (A.D. 1992) and Patent Act (No 3) B.E. 2542 (A.D. 1999), as 
notified by Thailand under Article 63.2 of the Agreement (see document IP/N/1/THAlI). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETl!: INTELLECTUELLE NOTIFIEES AV TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
THAILANDE 
Le present document contient le textel de la Loi B.E. 2522 (A.D. 1979) sur les brevets, telle 
que modifiee par la Loi B.E. 2535 (nO 2) (A.D. 1992) sur les brevets et la Loi B.E. 2542 (n° 3) 
(A.D. 1999), notifiee par la ThaYlande au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/THA/l ). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL P ARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
TAILANDIA 
En el presente documento se reproduce el textol de la Ley de Patentes de 1979 (2522 e.b.), 
modificada por la Ley de Patentes N° 2 de 1992 (2535 e.b.) y la Ley de Patentes N° 3 de 1999 
(2542 e.b.), notificada por Tailandia en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IP/N/1/THA/l). 
I In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat.lEn anglais seulement. Les delegations interessees peuvent consulter le 
texte dans sa langue d'origine, au Secretariat de l'OMC.lEn ingIes solamente. Las delegaciones interesadas 
podnin consultar en la Secretaria de la OMC el texto en su idioma original. IP /NIl ITHA/II 1 
Page 2 
Patent Act B.E. 2522 (A.D. 1979) 
As Amended by Patent Act (No. 2) B.E. 2535 (A.D. 1992) 
and Patent Act (No. 3) B.E. 2542 (A.D. 1999) 
By His Majesty The King 
Bhumibol Adulyadej 
Given on March 11 B.E. 2522 
(A.D. 1979) 
in the 34th year of the present reign 
His Majesty King Bhumibol Adulyadej is graciously 
pleased to proclaim that; 
WHEREAS it is deemed e.~pedient to grant protection 
for inventions and designs; 
DE IT, Tl-IEREFORE, ENACTED BY THE KING, 
by and with the advice and consent of the National 
Legislative Assembly, acting as the National 
Parliament, as follows 
.. SECTION [ 
This I\ct sh;]11 be callcd tile "Patent Act Il.E. 2522" 
(A.D. In~). 
.. SECTION:: 
This Act shall come into force upon the e.~pirJtion of 
one !1undreu and eighty days from the date of its 
publication in the Gl)vernment Gal./!lte. 
• SECTION 3 
In this Act; CHAPTER I 
PRELIMINARY 
"p~tel1t" means a document issued under the 
provisions of this Act to grant protection to an 
invention or a design JS described in Chapters 2 and 
J of this Act; 
"petty patent" means a document issued under the 
provisions of this Act to grant protection to an 
invention as described in Chapter 3 bis of this Act; "invention" means any discovery or invention 
resulting in a new product or process, or any 
improvement of a product or process; 
"process" mCJns JOy method, arc or process of 
producing J pro<.luct, maintaining or improving its 
quality, or adapting it to a beller condition, including 
the Jpplication of such process; 
"dc.~igl\" means any configuration of J product or 
composition of lines or colors which gives a special 
;]ppear;]nce to a product Jnd CJn serve JS J pJttern for 
a product of inc.lustry or handicrJft: 
"p:ltenlcc" includes the transferee of a patellt; 
"pelty patentee" includes the transferce of a pctty 
p;J!etll : 
"Board" mC;]IlS the Goard of P;)(en!s; 
"competent officer" means J person app<Jin(eu by the 
Minister (Q act unuer (his Ac(, 
"Director·General" means the Direc(Qr·General of 
(he Department of Intellectual Property, including any 
person acting under his Juthority; 
"Minister" means the Minister in charge of the 
e:<ecu(ion of this Act. 
... SECTION-t 
The Minister of Commerce shall have charge and 
control of the e;~ccution of this Act and shaH have the 
p<Jwer to appoint competent officers and issue 
Ministerial Regulations prescribing fees noe exceeding 
those fi:<ed in the I ise attached to this Ace, eAempting 
any part of or a whole fee, and other 'procedures for 
the e;~ecution of this Act. 
The Ministerial Regulations shall become effective 
up<Jn their publication in the Government Gazette. CHAITER II 
PATENTS FOR INVENTIONS 
PART I: APPLICATION'S FOR PATENTS 
• SECTION' 5 
Subject to Section 9 below, a patent may be granted 
only for an invention in respect of which the following 
conditions are satisfied: 
(I) the invention is new; 
(2) it involves an inventive step; and 
(3) it is cJpable of industrial applicJtion. 
• SECTION' 6 
An invention is ncw if it uoes not form pan of the state 
of thc art. The st:1te of the :lrt also incluues onc of the 
following invcntions: 
(I) :1n invention which W;]s widely known or used by 
others in the country before the date of the 
;lppliC:lIion for p;]tent; 
(2) all invcntion tllc suojcct In;]((cr of which was 
t!c:;cfI!Jcd in :1 documcnt or printcu public;]tion, 
di:;playcu or olhcrwise disclused 10 thc public, in 
this or a lorcign country bcfore the date of lhc 
application for p;lIcnt; 
(3) an invcntion already patented or petty patented 
wilhin or O\llside thc Kingdom prior to the date 
of applic:1tion for patcnt; 
(4) In invention for which an JpplicJtion for a patent 
or a petty patent has already been fileu outside 
the Kinguoln for over 18 months prior to the date 
of application for patent, but patent or petty 
patent has not been granted; 
(5) an invention for which an application for a patent 
or a petty patent has already been tiled within or 
outside the Kingdom, and the application has 
been published before the date of filing the 
application in the Kingdom. 
A disclosure which was due to, or made in 
consequence of, the subject matter having been 
obtained unlawfully, or a disclosure of the subject 
matter by the inventor including display of the 
inventor's work at an international exhibition or an 
official exhibition anu such disclosure was done within 
twelve months before the application for patent, shall IPIN/1/THA/I/1 
Page 3 
not be deemed to be a disclosure under subsection (2) 
above. 
• SECTION 7 
An invention shall be taken to involve an inventive stet' 
if it is not obvious 10 a person ordinarily skilled in the 
an. 
• SECTION' 8 
An invention shall be taken to be capable of industrial 
applic:ltion if it can be made or used in any kind of 
industry, including handicraft, agriculrure and 
commerce. 
• SECTION' 9 
The following inventions Me not protected under the 
Act: 
(I) microorganisms which n:lturally e.dst and the ir 
components. anim:lls. pl:tllts or I!xtrJcts from 
:lnirnals or pl:lnts; 
(2) scientific :lnd m:1thematicJI ruks ;lOd thcories: 
(3) Cllll1pllter progr:lms: 
(,I) methoJs for diagnosing. tre;l!ing or curing human 
or animJI discases; 
(5) invcntions which arc contrary to public order or 
morJlity. public health or wclfJre. 
• SECTION' la 
TIle inventor shall have the right 10 apply for a patent 
and to be nameu as the inventor in the patent. 
The right to apply for a patent may be assigned or 
transferred by succession. 
The assignment of the right to apply for a palent must 
be in writing and shall require the signJtures of the 
assignor and assignee. 
• SECTION' It 
The right to apply for a palent for an invention made in 
the e:,ecution of an employment contract or a contract 
for performing a certJin work shall belong 10 the 
employer or the person having commissioned the 
work, unless otherwise provided in the conlract. IPINIl ITHA/I/l 
Page 4 
TIle provision of the first paragraph shall apply in the 
circumstance where an employment contract does not 
require the employee to exercise any inventive activity, 
but the employee has made the invention . using any 
means, data or report that his employment has put at 
his disposal. 
.. SECTION 12 
In order to promote inventive activities and to give a 
fair share to the employee in the circumstances 
provided for in the first paragraph of Section 11, the 
employee-inventor shall have the right to remuneration 
other than his regular salary if the employer benefits 
from the invention. 
In the circumstances provided for in paragraph 2 of 
Section 11, the employee-inventor shall have the right 
to remuneration. 
The right to remuneration may not be prevented by any 
contractual provision. 
A request for remuneration under paragraph 1 or 
paragraph 2 of this Section shall be submitted to the 
Director-General in accordance with the rules and 
procedures prescribed in the Ministerial Regulations. 
The Director-General shall have the power to fix such 
remuneration as he deems fit taking into account the 
employee I s salary, the importance of the invention, 
benefits derived and expected to be derived from the 
invention, and other circumstances as prescribed by the 
Ministerial Regulations. 
.. SECTION 13 
In order to promote inventive activities among 
government officials and employees of government 
organizations and enterprises, a government official or 
an employee of a government organization or 
enterprise shall have the same right as that of the 
employee under Section 12, unless otherwise provided 
by the rules or regulations of such department of the 
government organization or enterprise. 
.. SECTION 14 
A patent applicant shall possess any of the following 
qualifications: 
(1) be a Thai national or a juristic person whose 
principal office is situated in Thailand; 
(2) be a national of a country which is a member of 
an international convention or treaty for patent 
protection to which Thailand also belongs; (3) be a national of a country which allows Thai 
nationals or juristic persons whose principal 
offices are in Thailand to apply for patents; 
(4) have a domicile or an actual and earnest 
ongoing functioning industrial or commercial 
enterprise in Thailand or a country which is a 
member of an international convention or treaty 
for patent protection to which Thailand also 
belongs. 
.. SECTION 15 
When an invention is made by two or more persons 
jointly, they shall apply for a patent jointly. 
If a joint inventor refuses to join in an application for a 
patent or cannot be found or reached or is not entitled 
to file an application for patent, the application may be 
filed by the other inventor on behalf of himself. 
A joint inventor who did not join in an application for a 
patent may subsequently make a request to join in the 
application at any time before a patent is granted. 
Upon receipt of such request, the competent officer 
shall notify the applicant and the joint inventor of the 
date on which an investigation will take place. The 
applicant and each of the joint applicants shall be 
furnished with a copy of the request. 
In the investigation under the preceding paragraph, the 
competent officer may require the applicant and joint 
applicants to appear before him in order to answer any 
question or to hand to him any document or item in 
such investigation, and when the Director-General has 
made his decision, the applicant and the joint inventors 
shall be notified of such decision. 
.. SECTION 16 
If two or more persons have separately and 
independently made the same invention and each of 
them has filed an application for a patent. the applicant 
who was the first to file shall be entitled to the patent. 
If the applications have been filed on the same date, the 
applicants shall agree whether the patent should be 
granted to one of them or all of them or them jointly. 
If no agreement has been reached within the period 
prescribed by the Director-General, they may bring the 
case to the court withln ninety days after the expiration 
of the prescribed period. If they faiJ to do so within 
such period, they shall be deemed to have abandoned 
their applications. 
.. SECTION 17 
The application for a patent shall comply with the rules 
and procedures as prescribed in the Ministerial 
Regulations. The application for a patent shall contain: 
(1) the title of the invention; 
(2) a brief statement of its nature and purposes; 
(3) a detailed description of the invention in such full, 
concise and clear and exact terms as to enable any 
person ordinarily skilled in the art to which it 
pertains, or with which it is most nearly 
connected, to make and use the same and set forth 
the best mode contemplated by the inventor in 
carrying out his invention; 
(4) one or more clear and concise claims; 
(5) other items prescribed in the Ministerial 
Regulations. 
If Thailand has become a member of an international 
convention or cooperation in relation to patents, a 
patent application being in accordance with said 
convention or cooperation shall be deemed to be a 
patent application under this Act. 
• SECTION 18 
The application for a patent shall relate to only one 
invention or to a group of inventions which are so 
linked as to form a single inventive concept. 
• SECTION 19 
A person who has exhibited his invention in an 
exhibition which has been sponsored or authorized and 
held in Thailand by a government agency and applies 
for a patent for such invention within twelve months 
after the opening date of that exhibition shall be 
deemed to have filed his application on the opening 
date of the exhibition. 
• SECTION 19 his 
The date of a first patent application outside the 
Kingdom may be claimed by the applicant according 
to Section 14 for a subsequent corresponding 
application filed in the Kingdom within a period of 
twelve months from such date. 
• SECTION 20 
The applicant may amend his application for a patent in 
accordance with the rules and procedures prescribed in 
the Ministerial Regulations, provided that such 
amendment does not enlarge the scope of the invention. • SECTION 21 IP INIIITHA/II1 
Page 5 
All officers whose duties are connected with patent 
applications shall refrain from disclosing any details 
of the invention or permitting any person to inspect 
or make a copy thereof by any means before the 
publication of such application under Section 28, 
unless authorized by written consent of the applicant. 
• SECTION 22 
Before publication under Section 28, any person, 
knowing that an application has been filed, shall not 
disclose any details of the invention or commit any 
act which is likely to cause damage to the applicant, 
unless authorized by written consent of the applicant. 
• SECTION 23 
When secrecy is required for inventions which, in the 
opinion of the Director-General, are of interest to 
national security, the Director-General shall order the 
applications for patents therefor to be kept in 
confidence until it is otherwise ordered by him. 
All persons, including the applicant, who know that 
there has been an order by the Director-General for the 
application to be kept in confidence under the 
preceding paragraph, shall refrain from disclosing the 
subject matter or the detailed description of the 
invention to any other person, unless it is authorized by 
law. 
PARTll: GRANTOFPATENT 
• SECTION 24 
Before granting a patent to the applicant, the competent 
officer shall: 
(1) examine the application as to its conformity with 
Section 17, and 
(2) examine the application as to its conformity with 
Section 5 
in accordance with the rules, procedures and conditions 
prescribed in the Ministerial Regulations. 
.. SECTION 25 
In order to facilitate the examination of a patent 
application, the Director-General may request any 
government department, unit or organization, or any 
foreign or international patent office or organization, to IP IN 11 ITHA/II 1 
Page 6 
examine the application as to its conformity with 
Sections 5, 6, 7, 8 and 9, or the detailed description of 
the invention as to its conformity with Section 17(3). 
Such examination may be deemed to-have -been done 
by the competent officer. 
.. SECTION 26 
In the examination of an application, if it appears that 
the application relates to several distinct inventions 
which are not so linked as to form a single inventive 
concept, the competent officer shall give a notice to the 
applicant requiring him to separate it into a number of 
applications, each of which relates to a single 
invention. 
If the applicant files any of the separated applications 
within one hundred and twenty days after the receipt of 
such notice under the preceding paragraph, he shall be 
deemed to have filed that application on the ftling date 
of his first application. 
The application shall be separated in accordance with 
the rules and procedures prescribed by the Ministerial 
Regulations. 
If the applicant does not agree with the requirement to 
separate the application, he shall appeal to the 
Director-General within one hundred and twenty days. 
The decision of the Director-General shall be final. 
.. SECTION 27 
In the course of examination of an application, the 
competent officer may instruct the applicant to appear 
before him in order to answer any question, or to hand 
to him any document or item. 
If the applicant has filed an application for a patent in 
any foreign country, he shall submit a report of the 
examination of the application in accordance with the 
rules and procedures prescribed by the Ministerial 
Regulations. 
If any document to be filed is in a foreign language, 
the applicant shall file such document with its 
translation in Thai. 
If the applicant fails to conform with the instruction of 
the competent officer under the preceding paragraph, 
or fails to submit the examination report within ninety 
days in accordance with the second paragraph of this 
Section, he shall be deemed to have abandoned his 
application. The Director-General may extend such 
period as he deems npproprinte. .. SECTION 28 
Where the competent officer has submitted the 
examination report to the Director-General, 
(1) if it appears to the Director-General that the 
provisions of Section 17 have not been complied 
with, or the invention is not patentable under 
Section 9, the Director-General shall reject the 
application and notify the applicant of such 
rejection by registered mail, with 
acknowledgment of receipt, or by other means 
as prescribed by the Director-General within 15 
days from the day the Director-General 
rendered the decision; 
(2) if it appears to the Director-General that the 
provisions of Section 17 have been complied 
with and the invention is not an unpatentable 
invention under Section 9, the Director-General 
shall order the application to be published in 
accordance with the rules and procedures 
prescribed by the Ministerial Regulations. 
Prior thereto, the competent officer shall notify 
the applicant in the manner instructed by the 
Director-General or by registered mail, with 
acknowledgment of receipt, so that he may pay 
the publication fee. In the event that the 
applicant does not pay the fee within sixty days 
from receipt of the notice or mail, the officer 
shaIl again advise the applicant by registered 
mail, with acknowledgment of receipt. If he 
does not pay the fee within sixty days from the 
date of receipt of the second mail, it shall be 
deemed that the application has been 
abandoned. 
.. SECTION 29 
After the publication of the application under Section 
28, the applicant may request the competent officer to 
proceed with the examination as to its conformity with 
Section 5 either within five years after the publication 
of such application or, in case where there is an 
opposition and an appeal is taken under Section 3~ and 
Section 34, within one year after the fmal decision has 
been made, depending on which period expires later. 
If the applicant fails to make such a request within said 
period, he shall be deemed to have abandoned his 
application. 
If the Director-General requests any governmental 
department, unit or organization, or any foreign or 
international patent office or organization to examine 
the application under Section 25, and there is some 
expense derived from such examination, such expense 
shall be paid by the applicant within sixty days after he 
has been notified by the competent officer. If the applicant fails to pay within said period, he shall be 
deemed to have abandoned his application. 
.. SECTION 30 
Where an application for a patent has been published 
under Section 28, if it appears that it does not comply 
with the provisions of Sections 5, 9, 10, 11 and 14, the 
Director-General shall refuse the grant of a patent. 
The applicant and the other party of the opposition 
proceeding under Section 31 shall be notified of such 
decision. The decision of the Director-General shall be 
published in accordance with the rules and procedures 
prescribed by the Ministerial Regulations. 
.. SECTION 31 
Where an application for a patent has been published 
under Section 28 and another person thinks that he, not 
the applicant, is entitled to a patent, or the application 
does not comply with the provisions of Sections 5, 9, 
10, 11 and 14, he may give notice to the competent 
officer of opposition to such application within ninety 
days after the publication of the application. 
Where an opposition has been made in accordance with 
the preceding paragraph, the competent officer shall 
send a copy of such notice to the applicant. The 
applicant shall file with the competent officer a 
counterstatement within ninety days after the receipt of 
the copy of the notice. If the applicant fails to file such 
counterstatement within said period, he shall be 
deemed to have abru1doned his application. 
A notice of opposition and counterstatement shall be 
supported by buttressing evidence. 
.. SECTION 32 
In an opposition proceeding, the opposing party and the 
applicant may introduce any evidence or make any 
additional statement to support the ground on which 
they rely in accordance with the procedures prescribed 
by the Director-General. 
Where the Director-General has made his decision . 
under Section 33 or Section 34, the applicant and the 
opposirig party shall be notified of the decision with the 
reasons on which it is based. 
.. SECTION 33 
Where a request is made under Section 29 by the 
applicant for an examination and the competent officer 
has made an examination under Section 24, the IP/N/IITHA/IIl 
Page 7 
competent officer shall submit his examination report 
to the Director-General. 
When the Director-General has considered the 
examination report and sees no reason to refuse the 
grant of a patent, and there has been no opposition 
under Section 31 or there has been an opposition but 
the Director-General has decided that the invention 
belongs to the applicant, the Director-General shall 
order the patent to be registered and granted to the 
applicant. The competent officer shall notify the 
applicant that the fee must be paid for the grant of a 
patent within sixty days from the receipt of such 
notice. 
When the fee has been paid in accordance with the 
preceding paragrapb, a patent shall be registered and 
granted to the applicant within fifteen days after the 
payment of the fee, but not before the expiration of the 
period prescribed in Section 72. If the fee is not paid 
within the period prescribed in the preceding 
paragraph, the applicant shall be deemed to have 
abandoned his application. 
The patent shall be in the form prescribed by the 
Ministerial Regulations. 
.. SECTION 34 
Where there is an Opposillon in accordance with 
Section 31 and the Director-General has decided that 
the invention belongs to the opposing party, the 
Director-General shall reject the application. 
Where the decision of the Director-General rejecting 
the application is not appealed by the applicant or is 
appealed and the Board or the COUI1 has made a fmal 
decision, if the opposing party has filed an application 
for a patent within one hundred and eighty days after 
the rejection of the Director-General or from the date 
on which the fmal decision is made by the Board or the 
court, as the case may be, he shall be deemed to have 
filed his application on the filing date of the applicant, 
and the publication of application for a patent of the 
applicant made under Section 28 shall be deemed to be 
the publication of the application of the opposing party. 
In the latter case, no person may oppose the app1ication 
of the opposing party on the grounds that he has better 
right in the invention than the opposing parry. 
Before granting a patent to the opposing party, the 
competent officer shall examine the application in 
accordance with Section 24. The provisions of Section 
29 are also applicable to the application of the opposing 
party. IP INIl/THA/IIl 
Page 8 
PART Ill: RIGHTS CONFERRED 
BY THE PATENT 
• SECTION 35 
A patent for invention shall be valid for twenty years 
from the date of filing the application in the 
Kingdom. Should there be any legal proceedings 
under Section 16, Section 74 or Section 77 sex, the 
term of the patent shall not include the period during 
which such court proceedings are taken. 
• SECTION 35 bis 
An act contrary to Section 36 done before the date of 
issuance of the patent shall not be held to be an 
infringement of the patent unless it was an act against 
the invention for which the patent application was filed 
and published in accordance with Section 28, whereby 
the person who committed that act knew that a patent 
application had already been filed for that invention or 
had been informed in writing. In such a case, the 
patent applicant is entitled to receive compensation for 
damages from the infringer. A suit for such damages 
shall be filed in court after the patent has been issued to 
the patent applicant. 
.. SECTION 36 
The patentee shall have the following sole rights: 
(1) in the case of product patents, the right to 
produce, use, sell, possess for sale, offer for sale 
or import into the Kingdom the patented products; 
(2) in the case of process patents, the right to use the 
process stated in the patent, produce, use, sell, 
possess for sale, offer for sale or import into the 
Kingdom products made by the application of the 
patented process. 
The provisions in paragraph 1 do not apply to: 
(1) any act in the interest of education, analysis, 
experimentation or research, provided that it is 
not contradictory to the patentee's ordinary 
course of use and does not cause damage to the 
patentee's rightful benefit beyond appropriate 
reasons. 
(2) manufacture of patented products or application 
of the patented process wherein the 
manufacturer or the user, in good faith, has 
engaged in the production or has acquired the 
equipment therefor before the date of filing of 
the patent application in the Kingdom, without 
knowledge of the registration or without there being suitable grounds for him to know the 
same, and this not being subject to Section 19 
bis; 
(3) compounding of medicines, in accordance with a 
physician'S prescnptlOn, by a professional 
pharmacist or a medical practitioner, including 
handling of the said products; 
(4) any act connected with an application for drug 
registration wherein the applicant has the 
objective of producing, selling or importing the 
patented medical products after the expiry of the 
patent; 
(5) the use of an instrument which is a patented 
invention with a ship, machinery or other 
equipment of a ship from a member country of 
an international convention or treaty for patent 
protection to which Thailand belongs when the 
ship enters the Kingdom, temporarily or by 
accident, and it is necessary that the instrument 
be used with the ship; 
(6) the use of an instrument which is a patented 
invention for the building operation of an 
aircraft or with other equipment of an aircraft or 
any vehicle from a member country of an 
international convention or treaty for patent 
protection to which Thailand belongs when the 
aircraft or vehicle enters the Kingdom 
temporarily or by accident; 
(7) the use, sale, possession for sale, offer for sale 
or import of patented products if the patentee 
permits or gives consent to the manufacture or 
sale of the aforesaid products. 
• SECTION 36 bis 
The rights of the patentee to the patented invention 
under Section 36 shall be delimited by the claims. In 
deciding what the delimitations of the claims are, the 
characteristics of the invention as set forth in the 
specification and drawings shall be considered. 
The delimitation of the claims shall extend protection 
to characteristics of the invention which, although not 
specifically stated in the claims. in the view of a person 
of ordinary skill in the art or science concerned with 
the invention have properties, utility and effect 
equivalent to those stated in the claims. 
.. SECTION 37 
The patentee shall have the rig~t to use the term "Thai 
Patent", its abbreviation or any foreign word of the 
same meaning, on the product, the container or package of U1e product, or in lie advertisement of lie 
product. 
The use of words or letters under the preceding 
paragraph shall also include lie number of the patent. 
.. SECTION 38 
The patentee may auliorize any olier person, by 
granting a license, to exercise the rights conferred to 
him under Sections 36 and 37, and may assign his 
patent to any other person. 
.. SECTION 39 
In granting a license under Section 38, 
(I) the patentee shall not impose upon the licensee any 
condition or restriction or any royalty term whlch 
tends to unfairly limit competition. 
Conditions, restrictions or terms which tend to 
unfairly limit competition under paragraph one 
shall be prescribed in the Ministerial Regulations; 
(2) the patentee shall not require lie licensee to pay 
royalties for use of the patented invention after lie 
patent has expired in accordance with Section 35. 
Conditions, restrictions or terms concerning 
royalties which are contrary to the provisions of 
liis Section are null and void. 
.. SECTION 40 
Subject to Section 42 below, in the absence of any 
provision to the contrary between the parties, a joint 
owner of a patent may, separately, exercise the rights 
conferred under Section 36 and 37 without the consent 
of the other joint owner, but he may grant a license or 
assign the patent under Section 38 only when it is 
consented to by all joint owners. 
.. SECTION 41 
The license contract and·· the assignment of a patent 
under Section 38 must be in writing and registered in 
compliance with the requirements, procedures and 
conditions prescribed by the Ministerial Regulations. 
If it appears to the Director-General that a clause in a 
license contract is contrary to the provisions of Section 
39, the Director-General shall submit such contract to 
the Board. If it is held by the Board that the contract is 
contrary to the provisions of Section 39, lien the 
Director-General shall refuse the registration of such 
contract, unless it may be assumed under the JP /NI lITHAIIIl 
Page 9 
circumstances of lie case that lie parties intended the 
valid part of the contract to be severable from the 
invalid part. In the latter circumstances, the 
Director-General shall order lie registration of the 
valid part of the contract. 
.. SECTION 42 
The transfer of a patent by succession shall be in 
compliance with the rules and procedures prescribed by 
the Ministerial Regulations. 
PART IV: ANNUAL FEES 
• SECTION 43 
A patentee shall pay for each patent an annual fee as 
may be due on the beginning of the fifth year of the 
teon of the patent and additional fees shall be payable 
annually thereafter. The payment of the fees shall be 
made within sixty days after the beginning of the fifth 
year of lie term of the patent and of every year 
thereafter. 
If a patent is granted after the beginning of the fifth 
year of the term of the patent, lie first annual fee from 
the fifth year to lie year of issuance of the patent shall 
be paid within sixty days after the grant of the patent. 
If patentee fails to pay the annual fee within the 
period of time specified in paragraph I or paragraph 
2 above, the patentee shall be liable to pay a 
surcharge of 30 % of the annual fee. The annual fee 
together with the surcharge shall be paid within 120 
days after the expiry date of the time prescribed for 
the payment of the annual fee under paragraph 1 or 
paragraph 2 above. 
When payment of the annual fee and the surcharge 
becomes due in accordance with paragraph 3 above 
and the patentee does not pay the same, the 
Director-General shall submit a report to the Board 
of Patents so that the patent may be revoked. 
In the event that the patentee files a petition to the 
Board within 60 days after the day he/she knows of 
the revocation order citing the reasons for his 
inability to pay the annual fee and the surcharge 
within the period of time specified in paragraph 3, 
the Board may grant an extension of time or cancel 
the order for revocation of the patent as it deems fit. 
.. SECTION 44 
The patentee may at one time pay in advance the 
entire amount of annual fees in lieu of yearly 
payments. IPINIlITHA/II 1 
Page 10 
In case the annuf1\ fee has been paid in advance but 
subsequently the rate of the fee is changed, or the 
patentee surrenders his patent, or there is a 
revocation thereof, the patentee shall' not be required 
to pay the insufficient amount to cover the new rate 
nor shall he be entitled to any refund therefrom. 
PART V: LICENSES OF RIGHT AND 
COMPULSORY LICENSES 
.. SECTION 4S 
Any patentee may, in accordance with the rules and 
procedures as prescribed in the Ministerial 
Regulations, apply to the Director-General for an entry 
to be made to the effect that any other person may 
obtain a license. 
At 'any time after an entry has been made, the 
Director-General shall grant a license under the patent 
to any person who applies for such a license on such 
conditions, restrictions and royalty terms as agreed 
upon by the patentee and the applicant. If the patentee 
and the applicant cannot agree within the period as 
prescribed by the Director-General, the Director­
General shall grant a license on such conditions, 
restrictions and royalty terms as he deems appropriate. 
Any of the parties may appeal the decision of the 
Director-General made under the preceding paragraph 
to the Board within thirty days from the receipt of the 
decision. The decision of the Board shall be fmal. 
The application for and grant of a license under the 
second paragraph shall comply with the rules and 
procedures as prescribed by the Ministerial 
Regulations. 
Where an entry is made pursuant to the first paragraph, 
the annual fees in respect of the patent after the date of 
the entry shall be reduced as prescribed by a 
Ministerial Regulation, by at least one-half of the 
annual fees which would be payable if the entry had 
not been made. 
.. SECTION 46 
At any time after the expiration of three years from 
the grant of a patent, or four years from the date of 
application, whichever is later, any person may apply 
to the Director-General for a license if it appears at 
the time when such application is filed that the 
patentee has not applied his lawful rights as follows: 
(I) there is no production of the patented product or 
application of the patented process in the country 
without any appropriate reason; or (2) there is no product produced under the patent or 
under the paten'ted process for sale in any 
domestic market or, if there is, it is sold at an 
unreasonably high price or does not meet the 
public demand for no appropriate reason. 
Regardless of whether applying under (1) or (2), the 
applicant for a license must show that he had made an 
effort to obtain a license from the patentee by 
proposing conditions and royalties reasonable under the 
circumstances, but no agreement could be reached 
within a reasonable period. 
The application for a license shall be in compliance 
with the rules and procedures prescribed in the 
Ministerial Regulations. 
.. SECTION 47 
]f the exploitation of any claim contained in a patent 
is likely to constitute an infringement of a claim in the 
patent of any other person, the patentee, desiring to 
exploit the claim, may apply to the Director-General 
for a license under the patent of the other person if: 
(1) the invention of the patentee applying for such 
license is of greater technological importance 
and more beneficial to the economy when 
compared with the invention under the patent for 
which the license is being sought; 
(2) the patentee is entitled to exploit the applicant's 
patent right under appropriate conditions for the 
exploitation; and 
(3) the applicant may not assign the exploitation of 
the right to other persons unless the assignment 
is made together with his patent. 
For this purpose, the applicant for a license must 
show that he had made an effort to obtain a license 
from the patentee by proposing conditions and 
royalties reasonable under the circumstances but no 
agreement could be reached within a reasonable 
period. 
The application for a license shall be in compliance 
with the rules and procedures prescribed by the 
Ministerial Regulations. 
• SECTION 47 bis 
If the exploitation of any claim contained in a patent 
granted under Section 46 is likely to constitute an 
infringement of a claim in the patent of any other 
person, the applicant under Section 46 may apply to 
the Director-General for a license under the patent of 
the other person based on the following criteria: (1) The invention of the applicant is of greater 
technological importance and more beneficial to 
the economy when compared ~vith the invention 
for which the license is being sought; 
(2) The applicant may not assign the exploitation of 
the right to other persons. 
For this purpose, the applicant for a license must 
show that he had made an effort to obtain a license 
from the patentee by proposing conditions and 
royalties reasonable under the circumstances but no 
agreement could be reached within a reasonable 
period. 
The application for a license shall be in compliance 
with the rules and procedures prescribed by the 
Ministerial Regulations. 
.. SECTION 48 
The patentee is entitled to a royalty under Sections 
46, 47 and 47 bis. 
The exclusive licensee under Section 38 shall be 
entitled to a royalty where a compulsory license is 
granted under Sections 46, 47 or 47 bis. In such 
circumstances, the patentee is not entitled to a 
royalty. 
.. SECTION 49 
In an application for a license made under Sections 
46, 47 or 47 bis, the applicant shall set forth the 
amount of royalty, the conditions for the exploitation 
of the patent, and the restrictions of the rights of the 
patentee and the exclusive licensee under paragraph 2 
of Section 48. In case of an application for a license 
under Section 47, the applicant must also allow the 
patentee of the patent for which the applicant is 
seeking a license under, the right to use the 
applicant'S patent in return. 
Where an application for a license is filed pursuant to 
Sections 46, 47 or 47 bis, the competent officer shall 
notify the applicant, the patentee and exclusive 
licensee under paragraph 2 of Section 48 of the date 
on which the application shall be considered. The 
patentee and the exclusive licensee shall be furnished 
with a copy of the application. 
In the consideration of an application for a license 
under the preceding paragraph, the competent officer 
may require the applicant, the patentee or the exclusive 
licensee under paragraph 2 of Section 48 to appear 
before him to give any statement, or hand to him any 
document or any other item. When the application has 
been considered by the competent officer and the IP/N/lITHA/I/1 
Page 11 
Director-General has made his decision, the applicant, 
the patentee and the exclusive licensee shall be notified 
of the decision under paragraph 2 of Section 48. 
The decision of the Director-General made under the 
preceding paragraph is appealable to the Board within 
sixty days of receipt of the notice. 
.. SECTION 50 
Where it has been decided by the Director-General 
that a license be granted to the applicant under 
Sections 46, 47 or 47 bis, the Director-General shall 
set forth the royalty, the conditions for the 
exploitation of the patent, and the restrictions of the 
rights of the patentee and the exclusive licensee under 
paragraph 2 of Section 48 as agreed upon by the 
patentee and the applicant. If no agreement has been 
reached by the parties within the period prescribed by 
the Director-General, he shall fix the royalty and 
prescribe the conditions and restrictions as he deems 
approp~iate, subject to the following rules: 
(1) the scope and the time period of the license 
shall not be more than necessary under the 
circumstances; 
(2) the patentee shall have the right to appoint other 
licensees under his patent; 
(3) the licensee shall have no right to transfer the 
license to other persons unless the business or 
goodwill related to the license is transferred as 
well; 
(4) the licensing shall have the primary aim of 
meeting domestic public demand; 
(5) the royalty must be adequate under the 
circumstances. 
When the royalty, conditions for exploitation, and 
restrictions have been prescribed by the Director­
General, he shall issue a licensing certificate to the 
applicant. 
The decision of the Director-General made under 
the first paragraph of this Section is appealable to 
the Board within sixty days from the date on which 
such decision is received. 
The issuance of a licensing certificate shall comply 
with the forms, rules and procedures prescribed in 
the Ministerial Regulations. 
... SECTION 50 bis 
A patent license issued under Section 46 may be 
canceled if it appears that the reasons for granting the IP IN I lITHA/I/l 
Page 12 
license have ceased to exist and are not likely to 
recur, provided such a cancellation does not affect the 
rights or interests of the licensee under that license. 
Applications to cancel a license under paragraph 
shall be in accordance with the forms, rules and 
procedures prescribed in the Ministerial Regulations, 
and the provisions of Section 49, paragraph 2 and 
paragraph 3, and Section 50 shall apply mutatis 
mutandis." 
.. SECTION 51 
In order to carry out any service for public 
consumption or which is of vital importance to the 
defense of the country, or the preservation or 
acquisition of natural resources or environment or to 
prevent or alleviate a severe shortage of food or 
medicines or other consumer goods and foodstuffs, or 
for· the sake of other public interests, ministries, 
bureaus and departments of the government, 
themselves or through others, may exploit any 
invention under any patent Under Section 36. In so 
doing, the ministries, bureaus or departments shall 
pay a royalty to the patentee or exclusive licensee 
under Section 48, paragraph 2, and shall inform the 
patentee in writing without delay. This shall not be 
subject to the provisions of Sections 46, 47 and 47 
bis. 
In the circumstances under the above paragraph, the 
ministry or bureau or department shall submit its offer 
setting forth the amount of royalty and conditions for 
the exploitation to the Director-General. The royalty 
rate shall be as agreed upon by the ministry or bureau 
or department and the patentee or his exclusive 
licensee, and the provisions of Section 50 shall apply 
mutatis mutandis. 
.. SECTION 52 
The prime minister, with the approval of the Cabinet, 
shall have, during a state of war or emergency, the 
power to order the exploitation of any invention 
under any patent for the defense and security of the 
country upon paying appropriate royalty to the 
patentee, and the patentee shall be notified without 
delay. 
The patentee is entitled to appeal such an order or the 
amount of royalty to the court within sixty days from 
the date of receipt of such order. PART VI: SURRENDER OF PATENT OR 
CLAIMS AND CAt"'iCELLATION OF PATENTS 
• SECTION 53 
Any patentee may surrender his patent or any claim or 
claims thereof in accordance with the rules and 
procedures prescribed in the Ministerial Regulations. 
In order to surrender a patent or any claims under the 
preceding paragraph, if the patent is jointly owned or 
if licenses have been granted under Sections 38, 45, 
46, 47 or 47 bis, such surrender shall be made with 
the consent of all patentees and licensees. 
.. SECTION 54 
Any patent granted not in compliance with the 
provisions of Sections 5, 9, 10, 11 or 14 is invalid. 
The invalidity of a patent under the preceding 
paragraph may be challenged by any person. A 
petition to cancel an invalid patent may be submitted to 
the court by any person who has an interest in the 
patent or by the public prosecutor. 
... SECTION 55 
The Director-General may request the Board to 
cancel a patent in the following cases: 
(1) When two years after the issue of the license 
under Section 50, it appears that the patentee, 
his licensee or the licensee under the license has 
neither manufactured the product nor applied the 
process under the patent in the Kingdom for no 
appropriate reason, or for the time being the 
product under the patent or the product 
manufactured by the process thereunder is 
neither being sold nor imported for sale, or it is 
being sold but at an unreasonable price, and the 
Director-General sees that it is suitable that such 
patent be revoked. 
(2) The patentee has licensed other persons to exercise 
the rights in the patent in violation of Section 41. 
Before requesting the Board to cancel a patent, the 
Director-General shall order an investigation to be held 
and notify the patentee and licensees of the order in 
order to give them an opportunity to submit their 
statements within sixty days from receipt of the order. 
The Director-General may require any person to 
appear before him to answer any question or to hand 
any document or any other evidence to him. If after the investigation, it appears that there are good 
grounds to cancel the patent, the Director-General shall 
submit his report of the investigatiqo to the Board to 
cancel the patent. 
CHAPTER III 
PATENTS FOR DESIGNS 
• SECTION 56 
A patent may be granted under this Act for a new 
design for industry, including handicraft. 
• SECTION 57 
The following designs are not new: 
(1) a design widely known or used by others in this 
country before the flling of the application for a 
patent; 
(2) a design which was disclosed or described in this 
or foreign country before the filing of the 
application for a patent; 
(3) a design which was published under Section 65 
and Section 28 before the filing of the application 
for a patent; 
(4) any design so nearly resembling any of the designs 
prescribed in (1), (2) or (3) as to be an imitation. 
• SECTION 58 
The following are unpatentable: 
(1) designs that are contrary to public order or 
morality; 
(2) designs prescribed by a Royal Decree. 
• SECTION 59 
An application for a patent shall comply with the 
requirements and procedures as prescribed by the 
Ministerial Regulations. 
Every application for a patent shall contain: 
(1) a picture of the design; 
(2) an indication of the kind of products for which the 
design is to be used; JP /NI IITHA/J/1 
Page 13 
(3) a clear and concise claim; and 
(4) other items prescribed in the Ministerial 
Regulations. 
• SECTION 60 
An application for a patent shall relate to a design to be 
used with only one kind of product. 
A list of products under paragraph one shall be 
prescribed by the Minister and published in the 
Govenunent Gazette. 
• SECTION 60 bis 
If the person under Section 14 files a design patent 
application in the Kingdom within six months from 
the date of filing of the corresponding patent 
application outside the Kingdom for the first time, 
that applicant shall be entitled to claim priority from 
the first application filed outside the Kingdom. 
• SECTION 61 
When an application is published under Section 65 and 
Section 28, but before the registration and grant of a 
patent for the design, if it appears that the application 
does not comply with the provisions of Sections 56, 58 
or Section 65 and Sections 10, 11 and 14, the 
Director-General shall reject the application. The 
competent officer shall notify the applicant and the 
opposing party under Section 65 and Section 31 of that 
decision, and a copy of the decision shall be displayed 
at the place where the application has been filed. 
Where the Director-General rejects an application 
under paragraph one and the application is opposed 
under Section 65 and Section 31, the Director-General 
shall proceed to consider the opposition in accordance 
with Section 65 and Section 32. 
.. SECTION 62 
A patent granted for a design shall take effect and 
remain in force until the end of the period of 10 
years begirming with the date of filing in the 
Kingdom of the application for the patent. The term 
of a patent shall not include the period during which 
court proceedings are taken under Section 65 and 
Section 16 or Section 74. 
.. SECTION 62 bis 
Any act contrary to Section 63 done before t1le date of 
issuance of the patent shall not be held to be an IP INI1ITHAIIIl 
Page 14 
infringement of the rights of the patentee unless it was 
an act against the product design for which the patent 
was filed and the said application had already been 
published under Section 65 coupled with S.ection 28, 
whereby the infringer knew that a patent application 
had already been filed for that product design or had 
been informed in writing that a patent application had 
already been filed for that product design. In such a 
case, the patent applicant is entitled to receive 
compensation for damages from the person who 
violated his rights. With regard to claiming said 
compensation for damages, a suit shall be flled in 
court after the patent is granted to the patent applicant. 
.. SECTION 63 
The patentee shall have the sole right to use the 
patented design with a product, or to sell, or to possess 
for sale, or to offer for sale, or to import into the 
Kingdom, products which utilize the patented design, 
except for use of the product design in the interest of 
education or research. 
.. SECTION 64 
Any patent granted not in compliance with the 
provisions of Section 56, 58 or 65 and Sections 10, 11 
and 14 is invalid. 
The invalidity of a patent may be challenged by any 
person. A petition to cancel an invalid patent may be 
submitted to the Court by any person who has an 
interest in the patent or by the public prosecutor. 
.. SECTION 65 
The provisions of Sections 10, 11, 12, 13, 14, 15, 16, 
19,20,21,22,27,28,29,31,32,33,34,37,38,39, 
40, 41, 42, 43, 44 and 53 in Chapter 2 concerning 
patents for inventions shall apply, mutatis mutandis, to 
patents for designs in Chapter 3. 
CHAPTER ill EIS: 
PETTY PATENTS 
.. SECTION 6S bis 
An invention may be granted a petty patent only 
under the following conditions: 
(1) the invention is new; 
(2) it can be applied to an industrial purpose. .. SECTION 65 ter 
It is not allowable for any person to apply for both 
patent and petty patent for the same invention. 
.. SECTION 6S quarler 
An applicant for a petty patent or a patent is entitled 
to change the type of right applied for, from a petty 
patent to a patent and vice versa, prior to the 
registration of an invention and the issuance of a 
petty patent, or before the publication of a patent 
application under Section 28 as the case may be. 
The applicant shall be entitled to take the date of 
filing the original application as the date of filing the 
application in accordance with the rules and 
procedures prescribed by the Ministerial Regulations. 
.. SECTION 65 quinque 
In the registration of an invention and issuance of a 
petty patent, a competent officer shall examine the 
application for a petty patent to see whether it 
conforms to Section 65 decem and Section 17 and 
whether such invention is protected under Section 65 
decem and Section 9. Then the officer shall make an 
examination report and submit it to the Director­
General. 
(1) If the Director-General sees that the application 
for the petty patent does not conform to Section 
65 decem and Section 17 or the invention is not 
protected under Section 65 decem and Section 9, 
he shall dismiss such application and order the 
officer to send instructions to the applicant by 
registered mail, with acknowledgment of receipt 
or by other means as prescribed by the Director­
General within 15 days from the day the 
Director-General rendered the decision. 
(2) If the Director-General sees that the application 
conforms to Section 65 decem and Section 17 
and the invention is protected under Section 65 
decem and Section 9, he shall order the 
registration of the invention and the issuance of 
the petty patent. Prior to the registration of the 
invention and the issuance of the petty patent, 
the competent officer shall advise the applicant 
for petty patent to pay the fees for the issuance 
of the petty patent and the publication in 
accordance with the regulations and within the 
period of time prescribed in Section 65 decem 
and Section 28 (2). 
The petty patent shall be in the form prescribed by 
the Ministerial Regulations. .. SECTION 6S sex 
Within one year from the date of P!lblication of the 
registration of an invention and the issuance of a 
petty patent, an interested person may request for an 
inspection whether the invention to which the petty 
patent is granted corresponds with the characteristics 
prescribed in Section 65 bis. 
When the application for inspection of the invention 
under the preceding paragraph is received, the 
competent officer shall inspect the invention and 
submit the results thereof to the Director-General. 
After consideration of the officer's report mentioned 
in the foregoing paragraph, if the Director-General 
sees that the invention conforms to the characteristics 
prescribed in Section 65 bis, he shall notify the 
applicant for the inspection and the holder of the 
petty patent within 15 days counting from the date 
the Director-General rendered the decision. 
Should the Director-General see that such invention 
has no characteristics as prescribed in Section 65 bis, 
he shall order an investigation of the facts and notify 
the petty patent holder of such order so that he may 
submit a statement citing his reasons therefor within 
sixty days from the date of receipt of the order. The 
Director-General may caJl any person to appear 
before him to give a statement or to submit additional 
documents or materials. After the investigation is 
completed, if the Director-General sees that the 
invention does not possess the characteristics 
prescribed in Section 65 bis, he shall make the 
investigation report and submit it to the Board to 
revoke the petty patent and advise the person who 
requested such investigation and the petty patentee 
within 15 days counting from the Board rendered its 
decision. 
.. SECTION 6S septem 
A petty patent shall be valid for a period of six years 
from the date of filing the application for a petty 
patent in the Thai Kingdom. In the event that legal 
proceedings are taken in accordance with Sections 65 
decem, and Section 16, Section 74 or Section 77 sex, 
the term of the petty patent shall not include the 
period of time used during such proceedings. 
The holder of a petty patent may apply to the 
competent officer to extend the validity of the petty 
patent two times, each time for two years, within 
ninety days prior to the expiry thereof. When the 
application is filed within the specified period, it 
shall be deemed that the petty patent is still registered 
until otherwise ordered by the competent officer. IP/NIlITHA/IIl 
Page 15 
The extension of a petty patent shall be in accordance 
with the regulations and procedures stipulated by the 
Director-General. 
.. SECTION 65 octo 
A petty patentee is entitled to use the words "Thai 
Petty Patent" or the Thai abbreviation 
"Or.Sor.Bor.Thor" or foreign words of identical 
meaning on the products, containers or product 
packages or wrappings or in advertisements of the 
invention made under the petty patent. 
The use of words or letters under the preceding 
paragraph shall also include the number of the petty 
patent. 
• SECTION 65 novem 
\ 
Any petty patent granted contrary to Section 65 bis, 
Section 65 decem and Section 9, Section 10, Section 
11 or Section 14 shall be deemed invalid. 
The invalidity under the first paragraph shall be 
raised by any person or any interested person, or a 
prosecutor may bring the case to court to revoke such 
petty patent. 
.. SECTION 65 decem 
Section 6, Section 8, Section 9, Section 10, Section 
11, Section 12, Section 13, Section 14, Section 15, 
Section 16, Section 17, Section 18, Section 19, 
Section 19 bis, Section 20, Section 21, Section 22, 
Section 23, Section 25, Section 26, Section 27, 
Section 28, Section 3S bis, Section 36, Section 36 
bis, Section 38, Section 39, Section 40, Section 41, 
Section 42, Section 43, Section 44, Section 45, 
Section 46, Section 47, Section 47 bis, Section 48, 
Section 49, Section SO, Section 50 bis, Section 51, 
Section 52, Section 53 and Section 55 in Chapter 2: 
Patent for Invention shall apply muratis muradis with 
Chapter 3 bis: Petty Patent. 
CHAPTER IV 
BOARD OF PATENTS 
.. SECTION 66 
There shall be a "Board of Patents" composed of the 
Undersecretary of State of Commerce as Chairman, 
and not more than twelve directors appointed by the 
Cabinet from qualified persons in the scientific, IP /NI I ITHAIII I 
Page 16 
engineering, industrial, industrial product design, 
agricultural, pharmacological economic and legal 
fields, among whom not less than six shall be 
qualified persons from the private sector. 
The Board may appoint any person to act as Secretary 
and Assistant Secretary. 
• SECTION 67 
The members of the Board appointed by the Cabinet 
shall hold office for a term of two years. 
When a member of the Board vacates his office before 
the expiration of his term of office or more member's 
are appointed by the Cabinet where the terms of office 
of the existing appointed members have not expired, 
the newly appointed members shall remain in office 
only for the term of office of the incumbent. 
A member retired on account of the expiration of his 
term of office may be reappointed by the Cabinet. 
• SECTION 68 
A member appointed by the Cabinet vacates his office 
upon: 
(1) death; 
(2) resignation; 
(3) being discharged by the Cabinet; 
(4) becoming bankrupt; 
(5) becomillg an incompetent or· a quasi-incompetent 
person; or 
(6) being imprisoned under a fInal judgment, except 
for a petty offense or an offense committed 
through negligence. 
• SECTION 69 
At every meeting of the Board, there must be an 
attendance of not less than one-half of the total number 
in order to constitute a quorum. If the chairman is 
absent from any meeting, the Board shall elect one of 
its members to preside over the meeting. 
Any decision of the meeting shall be taken by majority 
vote. 
In voting, each member shall have one vote. In case 
of equality of votes, the presiding chairman shall have 
one additional vote as casting vote. .. SECTION 70 
The Board shall have the following powers and 
duties: 
(1) to give advice or consultation to the Minister in 
issuing the Ministerial Regulations under this 
Act; 
(2) to decide on any appeal made against any order 
or decision of the Director-General under 
Sections 41,45,49,50,55,65 sex or 65 decem 
and Sections 45, 49, 50 or 72; 
(3) to act in compliance with this Act; 
(4) to consider any other matter in relation to 
patents and petty patents as assigned by the 
Cabinet. 
.. SECTION71 
The Board shall have the power to appoint a 
subcommittee to consider certain matters and advise 
the Board. The provisions of Section 69 shall apply, 
mutatis mutandis, to the meeting of the subcommitee. 
.. SECTION 72 
Where an order or decision is made by the Director­
General under Sections 12, 15, 28, 30, 33, 34, 49, 
50, 61 or Section 65 and Sections 12, 15, 28, 33 or 
34 or 64 quinque or Section 65 sex or 65 decem and 
Sections 12, IS, 49 or Section 50, any party 
concerned under the aforesaid Sections may make an 
appeal to the Board within sixty days after receipt of 
such order or decision. If the party fails to do so 
within the said period, the order or decision of the 
Director-General shall be final. 
An appeal under the preceding paragraph must be 
submitted to the competent officer. If there are two 
parties, a copy of each party's appeal must be sent to 
the other party. 
.. SECTION 73 
In considering an appeal against the order or decision 
of the Director-General or a report of the Director­
General made under Section 55 or Section 65 sex or 
a report under Section 43 or Section 65 decem with 
Section 43 suggesting cancellation of a patent or a 
petty patent, the Board may require the opposing 
party, the applicant, the patentee, the petty patentee 
or a person requesting an examination of a petty 
paleD[ .Of ilia licensee of the patent or petty patent, as 
the case may be, to submit any evidence or additional statement in accordance with the rules prescribed by 
the Board. 
.. SECTION 74 
Where a decision or an order is made by the Board 
under Sections 41, 43, 49, 50, 55 or Sections 65 sex 
or 65 decem with 41, 43, 49, 50 or 55 or 72, the 
appellant and the other party, the patentee, the petty 
patentee, or the licensee of the patent or petty patent, 
as the case may be, shall be notified of such decision 
or order. Any party dissatisfied with the decision or 
order may appeal to the court within sixty days from 
receipt of such notification. If the party fails to do so, 
the decision or order of the Board shall be ftnal. 
In considering or giving a judgment under this Act, the 
court shall not order the Board or the Director-General 
to pay any fee on behalf of the other party. 
CHAPTER V 
MISCELLANEOUS 
.. SECTION 75 
No person, except a person having rights under this 
Act, shall use the words "Thai Patent", "Thai Petty 
Patent" or their abbreviations or foreign words of the 
same meaning or other words of identical meaning on 
any product, container or package of a product or in 
advertisements of any invention or design. 
.. SECTION 76 
No person, except a person who has filed an 
application for a patent or petty patent that IS 
pending, shall use the words "Patent Pending" or 
"Petty Patent Pending" or any other word of the 
same meaning on any product, container or package 
of a product or in advertisements of any invention or 
design. 
RI SECTION 77 
In the case where a patentee or a petty patentee of a 
process patent sues an infringer of his patent or petty 
patent in a civil case and can prove that the product 
produced by the defendant has the same or similar 
characteristics to the product made using the 
patentee's or the petty patentee's process, it shall be 
presumed that the defendant has used the patentee's 
or the petty patente~'s J1~oc.::a", c;:;i.:ss illt: defendant 
can prt1ve otherwise. .. SECTION 77 bis IP IN/IITHAIIIl 
Page 17 
In the case where there is clear evidence that a person 
has committed or is about to commit an act in 
violation of a patentee's Of a petty patentee's rights 
under Section 36 or Section 63 or Section 65 decem 
together with Section 36, the patentee or pett), 
patentee may apply to the court for an injunction 
against the said person to stop or refrain from 
committing such act. The court's issuance of such an 
injunction shall not curtail the patentee's or the petty 
patentee's right to claim for damages under Section 
77 ler. 
.. SECTION 77 ter 
In the case where a patentee's or a petty patentee's 
right has been violated under Section 36 or Section 
63 or Section 6S decem with Section 36, the court 
has the power to order the violator to pay 
compensation for damages to the patentee or the 
petty patentee in such arriount as the court considers 
appropriate, taking into consideration the seriousness 
of the damages as well as loss of benefits and the 
necessary e}:penses incurred in enforcing the rights 
of the patentee and the petty patentee. 
.. SECTION 77 quarter 
All the goods in the possession of the infringer 
resulting from an act which was in violation of the 
patentee's or the petty patentee's rights under 
Section 36 or Section 63 or Section 65 decem with 
Section 36 shall be confiscated. In the case where 
the court considers it appropriate, the court may 
issue an order for the destruction of said goods or 
other measures to prevent further distribution of 
said goods. 
• SECTION 77 quinque 
Any person who applies or jointly applies for both 
patent and petty patent of the same invention in 
violation of Section 65 ler shall be deemed to have 
applied for a petty patent for the invention. 
.. SECTION 77 sex 
In the event that several persons separately and 
independently create an identical invention and one 
party has filed an application for a patent while the 
other party has filed an application for a petty 
patent: IP 1Nl lITHAIIII 
Page 18 
(I) the applicant who was the first to file for a 
patent or a petty patent shall be entitled to the 
patent or petty patent for such invention. 
(2) If an application for a patent is filed on the 
same date as an application for a petty patent, 
the competent officer shall notify the two 
parties to come to an agreement as to whether 
a patent or a petty patent should be granted to 
one of them or all of them jointly, and whether 
the application should be for a patent or petty 
patent for such invention. Should no 
agreement be reached within the period 
prescribed by the Director-General, they may 
bring the case to court within ninety days after 
the expiration of the prescribed period. If they 
fail to do so within such period, they shall be 
deemed to have abandoned their applications. 
• .SECTION 77 seplem 
Within ninety days from publication under Section 
28 or publication of the registration of an invention 
and issuance of a petty patent for any invention, if 
any applicant for a petty patent, a petty patentee, an 
applicant for a patent, or a patentee sees that the 
registration of the invention and the issuance of the 
patent or petty patent for the invention may not 
conform to Section 65 ler since such invention is the 
same as his and he has filed an application for a 
patent or petty patent on the same date as the 
application for such patent or petty patent, that 
person is entitled to make a request for an 
examination as to whether the application for the 
patent or petty patent of such invention complies 
with Section 65 ler. 
When a request for an examination has been made 
in accordance with the preceding paragraph, the 
competent officer shall proceed with the 
examination and submit his examination report to 
the Director-General. 
When the Director-General has considered the 
examination report under paragraph two and sees 
that the registration of the invention and the grant of 
such patent or petty patent do not correspond with 
Section 65 ler because the invention is the same and 
the date of said application for patent or petty patent 
is the same as the date when the person who made 
such request has filed his application for a patent or 
petty patent, the Director-General shall notify the 
applicant for patent or petty patent and the person 
who made the request to come to an agreement as to 
who shall have the sole right or whether they shall 
have a joint right thereto. If no agreement is 
reached within the period of time specified by the 
Director-General, it shall be deemed that those 
persons have a joint right to such invention. • SECTION 77 octo 
A patent and a petty patent granted contrary to 
Section 65 ter shall be deemed invalid. 
The invalidity under the preceding paragraph can be 
raised by any person. 
In the event that a registration of an invention and a 
grant of a patent and a petty patent are in violation 
of Section 65 {er and the application for a patent and 
a petty patent for such invention were filed on the 
same date, the patentee and the petty patentee, or 
any other interested person or the public prosecutor, 
may make a request to the Director-General to 
notify the patentee and petty patentee to come to an 
agreement as to whether the right thereto shall be 
vested in them jointly or in any person solely, and 
whether the invention shall be granted a patent or a 
petty patent. Should no agreement be reached 
within the period of time specified by the Director­
General, it shall be deemed that the patentee and the 
petty patentee possess a joint right to the invention 
and a petty patent granted to such invention. 
• SECTION 78 
The owner of a patent, a petty patent or a licensing 
certificate may apply for a substitute thereof in 
accordance with the requirements and procedures as 
prescribed in the Ministerial Regulations if the 
patent, the petty patent or certificate is lost or 
substantially damaged. 
• SECTION 79 
All applications, oppositions, answers to oppositions 
and appeals made under this Act shall be on the fonns 
and in the required number of copies as prescribed by 
the Director-General. 
• SECTION 80 
A fee, as prescribed by the Ministerial Regulations, 
must be paid for every application for a patent, a 
petty patent, publication of an application for a 
patent, request for examination of an invention, 
opposition to the grant of a patent, application for the 
registration of a license contract to use a patent or a 
petty patent, application for the assignment of a 
patent or a petty patent, application to amend a patent 
or a petty patent, application to extend a petty patent, 
application for a consent entry to be made that any 
person may apply the right under a patent or a petty 
patent, application to apply the right under a patent 
or a petty patent, license to use the right in a patent 
or a petty patent, appeal against an order or decision of the Director-General, substitute for a patent or a 
petty patent, or a licensing certificate, any other 
request or application, making a.. copy of any 
document and certification thereof. 
CHAPTER VI 
OFFENSES 
... SECTION 81 
If any officer violates Section 21 or the second 
paragraph of Section 23 or Section 65 coupled with 
Section 21 or Section 65 decem coupled with 
Section 21 or Section 23, second paragraph, of this 
Act, he shall be punished with imprisonment not 
exceeding two years or a fine not exceeding two 
hundred thousand baht, or both. 
.. SECTION 82 
If any person violates Section 22 or Section 65 
coupled with Section 22 or Section 65 decem coupled 
with Section 22 of this Act, he shall be punished with 
imprisonment not exceeding six months or a fine not 
exceeding twenty thousand baht, or both. 
.. SECTION 83 
If any person violates Section 23 paragraph 2, or 
Section 65 decem and Section 23 paragraph 2, of this 
Act, he shall be punished with imprisonment not 
exceeding one year or a fme not exceeding fifty 
thousand baht, or both. 
III SECTION 84 
If any person violates Section 75 or Section 76 of this 
Act, he shall be punished with imprisonment not 
exceeding one year or a fine not exceeding two 
hundred thousand baht, or both. 
III SECTION 85 
Any person who commits any act under Section 36 or 
Section 63 without the permission of the patentee shall 
be sentenced to not more than two years' imprisonment 
or fined not more than four hundred thousand babt, or 
both. • SECTION 86 IPINI 1 ITHAII/1 
Page 19 
Any person who commits any act under Section 6S 
decem coupled with Section 36 without the consent of 
a petty patentee shall be punished with imprisonment 
not exceeding one year or a fme not exceeding two 
hundred thousand baht, or both. 
... SECTION 87 
If any person, in order to obtain a patent or a petty 
patent, applies for a patent for an invention or a 
design or a petty patent, presenting or giving to the 
competent officer false or untrue statements or 
information, he shall be punished with imprisonment.. 
not exceeding six months or a fme not exceeding five 
thousand baht, or both; 
• SECTION 88 
Where an offense under this Act has been committed 
by a juristic person, all officers or representatives of 
the juristic person, except those who can prove that 
such offense has been committed without his 
knowledge or consent, shall also be guilty of that 
offense. 
HH+ 
Patent Act (No. 2) 
B.E. 2535 (A.D. 1992) 
... SECTION 38 
The provisions of the Patent Act B.E. 2522 (A.D. 
1979) shall apply to patents which were issued before 
the date of enforcement of this Act. 
... SECTION 39 
Patent applications which were filed before the date of 
enforcement of this Act and for which the Director­
General has not yet issued any order under Section 33, 
Section 34 or Section 65 coupled with Section 33 or 
Section 34 of the Patent Act 2522 (A.D. 1979), shall 
be held to be applications under the Patent Act 2522 
(A.D. 1979), as amended by this Act, mutatis 
mutandis. 
Ht .. IPIN/lITHAlIIl 
Page 20 
Patent Act (No. 3) 
B.E. 2542 (A.D. 1999) 
.. SECTION 43 
The rate of fees attached to Patent Act B.E. 2522 
which was amended by Patent Act (No. 2) B.E. 2535 
shall be canceled and replaced by the rate of fees 
annexed to this Act. 
.. SECTION 44 
A patent granted under Patent Act B.E. 2522 or 
under Patent Act B.E. 2522 as amended by Patent 
Act (No. 2) B.E. 2535, shall be deemed to be a patent under Patent Act B.E. 2522 as amended by 
this Act, but the patent shall be valid for its 
remaining life. 
.. SECTION 4S 
An application for a patent of an invention filed prior 
to the effective date of this Act for which the 
Director-General has not given any order in 
accordance with Section 33 or Section 34, shall be 
held entitled to be changed to that for a petty patent 
within sixty days from the date of enforcement of this 
Act. 
.. SECTION 46 
The Minister of Commerce shall be in charge of the 
enforcement of this Act. 
.. u. RATE OF FEES 
1. Application for a patent 
2. Application for patent for the same type of product design and 
filing 10 or more applications at one time 
3. Publication of an application for a patent 
4. Request for examination of an invention 
5. Opposition to the grant of a patent 
6. Patent or petty patent 
7. Annual fees for patent for invention 
51h year 
6th year 
7th year 
8th year 
9th year 
10th year 
Illh year 
l2th year 
13th year 
14th year 
15th year 
16th year 
17th year 
18th year 
19th year 
20th year 
OR pay the entire annual fees at one time 
8. Annual fees for patent for design 
5th year 
6th year 
7'h year 
8th year 
9th year 
lOth year 
OR pay the entire annual fees at one time 
9. Annual fees for petty patent 
5th year 
6th year 
OR pay the entire annual fees at one time 
10. Fees for application to extend a petty patent 
1 SI application 
2nd application 
11. Application for the registration of a license contract 
to use a patent or a petty patent 
12. Application for the registration of an assignment of a patent or a petty patent 
13. Application to amend a patent or a petty patent 
14. License to use the right in a patent or a petty patent 
15. Substitute for a patent or a petty patent or a licensing certificate 
16. Appeal against an order or decision of the Director-General 
17. Making a copy of any document 
18. Certification of copy of any document 
more than 10 pages 
less than 10 pages 
19. Any other request or application IP /N/1/THA/IIl 
Page 21 
Baht 1,000 each 
Baht 10,000 
Baht 500 
Bah! 500 each 
Bah! 1,000 each 
Baht 1,000 each 
Baht 2,000 
Baht 4,000 
Baht 6,000 
Baht 8,000 
Bah! 10,000 
Baht 12,000 
Baht 14,000 
Baht 16,000 
Baht 18,000 
Baht 20,000 
Baht 30,000 
Bah! 40,000 
Bah! 50,000 
Bah! 60,000 
Bah! 70,000 
Baht 80,000 
Baht 400,000 
Baht 1,000 
Baht 2,000 
Baht 3,000 
Baht 4,000 
Bah! 5,000 
Baht 6,000 
Bah! 20,000 
Baht 2,000 
Baht 4,000 
Baht 6,000 
Bah! 14,000 
Baht 22,000 
Bah! 500 each 
Bah! SOO each 
Bah! SOO each 
Baht 1,000 each 
Baht 100 each 
Bah! 1,000 each 
Baht 10 per page 
Baht 100 each 
Baht 10 per page 
Baht 100 each