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How to protect a patent in Thailand: invention, petty, and design patents under the Patent Act, their terms, the PCT route, and what a patent firm handles.
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A patent in Thailand is granted under the Patent Act B.E. 2522, and the Act actually offers three distinct protections. An invention patent protects a new invention that involves an inventive step and is capable of industrial application. A petty patent protects a new invention capable of industrial application without requiring an inventive step, which suits incremental improvements. A design patent protects the ornamental appearance of a product rather than how it works.
Choosing among the three is the first real decision, because the terms, the examination depth, and the cost profiles differ. Filing runs through the Department of Intellectual Property, and what is filed matters as much as where: the claims define what the patent protects, and claims drafted too narrowly leave the useful ground unprotected.
A patent protects the invention or design itself. The product's name is trademark territory, and an intellectual property lawyer can set out which protections a product actually needs before anything is filed.
Invention, petty, and design patents compared
Terms under the Patent Act B.E. 2522 as amended. All three run from the filing date in Thailand and none is renewable beyond its statutory term.
| Invention patent | Petty patent | Design patent | |
|---|---|---|---|
| What it protects | A new invention involving an inventive step, capable of industrial application | A new invention capable of industrial application, no inventive step required | The ornamental design of a product |
| Term | 20 years from filing | 6 years from filing, extendable twice by 2 years, 10 years maximum | 10 years from filing |
| Typical fit | Core technology worth long protection | Incremental improvements needing fast, cheaper protection | Product shapes and appearance |
Note: On costs and timing
The Patent Act publishes only statutory maximum fees; the fees actually charged are set by ministerial regulation, and the Department of Intellectual Property publishes no official processing time. Invention patents in particular are examined for novelty and inventive step, and that substantive examination is the long part of the process. A firm quotes the current official fees for a specific filing alongside its own fee.
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Top Tier Intellectual Property Law firm specialized in trademark, patent and copyright protection with high expertise in litigation and enforcement.
฿1,500–10,000 / hour
International Legal and Cross-Border Business Advisory in Thailand and Asia
Thailand has been a member of the Patent Cooperation Treaty since December 24, 2009, so an international PCT application can enter the national phase in Thailand instead of filing directly. Priority under an earlier foreign filing can also be claimed under the Paris Convention. Either way the Thai application is examined by the DIP under Thai rules, which is why foreign applicants file through a local firm.
The substance of the engagement is drafting and prosecution. The firm searches prior art, drafts the specification and claims, files with the DIP, and answers the examiner's objections until the application is granted or finally refused. For inventions with commercial life abroad, the firm also keeps the Thai filing consistent with the family filed elsewhere.
One warning that saves inventions: publishing or selling an invention before filing can destroy its novelty. The safe order is file first, disclose after, and a lawyer can advise what counts as disclosure for a specific case.
This page is general information, not legal advice. Rules, fees, and procedures change; for a specific invention or design, speak with a qualified professional.
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Every one of these is verified on Justenda and can take on patent registration work in Thailand.
Top Tier Intellectual Property Law firm specialized in trademark, patent and copyright protection with high expertise in litigation and enforcement.
฿1,500–10,000 / hour
International Legal and Cross-Border Business Advisory in Thailand and Asia
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Top Tier Intellectual Property Law firm specialized in trademark, patent and copyright protection with high expertise in litigation and enforcement.
฿1,500–10,000 / hour
International Legal and Cross-Border Business Advisory in Thailand and Asia
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