Conditions for applying to register a patent for an international invention (PCT)

Conditions for applying to register a patent for an international invention (PCT)

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

     1.1 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;
     1.2 In case the invention applied for the patent is involved with a new microorganism, the certificate of bio-organism deposit must be presented, along with a document describing its features issued by an institution for bio-organism deposit. In this regard, the Department of Intellectual Property shall announce the list of institutions.

2. Power of Attorney

          2.1 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 must be certified by the authorized official of the Thai embassy or the director of the office of the Ministry of Commerce located in the country where the principal or power grantor resides;
     2.  In case the authorization is done in the Kingdom of Thailand, the applicant must submit a copy of their 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.
          2.2 In cases when an applicant who resides in the Kingdom wishes to authorize another person to act on their behalf, the power of attorney can only be given to an agent who is registered with the Director-General;
          2.3 The power of attorney must attach a stamp duty according to the stamp duty rate schedule, as follows:
               - 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;
               - 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;
               - 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.

Information as of 4 April 2023
Source: Digital Government Development Agency
Tel. +66 2612 6060