Conditions for applying to register a patent for an invention

     The process of patenting an invention is one way to protect our intellectual property and ideas. It prevents others from using our work for their own benefit without permission. Those who wish to file for a patent must prepare the documents and fees as specified by the Department of Intellectual Property. They must also comply with the conditions for submitting various types of applications.

The applicant shall submit the form as determined by the Director-General

1. The patent application shall be accompanied with invention details, claim, and summary of the invention. If necessary, the applicant shall provide drawings as supporting documents of the application for the better understanding of the invention.
2. In case the invention applied for is involved with a new microorganism, the invention details shall mean the certificate of bio-organism deposit and/or document describing its features or properties issued by an institution for bio-organism deposit. In this regard, the Department of Intellectual Property shall announce the list of institutions from time to time.

Power of attorney

     1. In case the applicant of the patent does not reside in the Kingdom of Thailand, the applicant shall authorize a patent agent/ patent attorney registered with the Director-General of the Department of Intellectual Property to act on their behalf. In this regard, the power of attorney shall be presented to the Director-General in accordance with the following regulations:
          (1) If the authorization is done outside the Kingdom of Thailand, the signatures in the authorization letter or power of attorney shall be certified by the authorized official of the Thai embassy or consulate or the director of the office of the Ministry of Commerce located in the country where the principal or power grantor resides, or the person authorized to act on behalf of the said officials or the person authorized to certify the signature according to the law in that country, notary public;
          (2) In case the authorization is done in the Kingdom of Thailand, the applicant shall submit a copy of passport or temporary residence certificate of the principal or power grantor, or any evidence indicating that at the time the authorization was made, the principal or power grantor was in Thailand.
     2. In cases when the applicant who resides in the Kingdom wishes to authorize another person to act on their behalf, the power of attorney can be given only to an agent who is registered with the Director-General to act on their behalf;
     3. The power of attorney must attach a stamp duty according to the stamp duty rate schedule, as follows:
          (1) In cases when a single or multiple individuals are authorized to act on behalf of the grantor once, a stamp duty of 10 baht must be attached;
          (2) In cases when a single or multiple individuals are authorized to act on behalf of the grantor multiple times, a stamp duty of 30 baht must be attached;
          (3) In cases when the power of attorney authorizes multiple individuals to act on behalf of the grantor multiple times, a stamp duty must be attached for each individual at the rate of 30 baht per person.

Data updated on April 4, 2023 
Source: Digital Government Development Agency
Tel. +66 2612 6060