WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/1/THAJI/IIRev.l 
28 March 2003 
(03-1766) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
THAILAND 
Revision 
The present document reproduces the text1 of the revised version of the English unofficial translation of the Patent 
Act B.E. 2522 (1979), as amended by Patent Act (No 2) B.E. 2535 (1992) and Patent Act (No 3) B.E. 2542 (1999), which 
replaces the text distributed in document IP/N/I/THAlIfl, as notified by Thailand under Article 63.2 of the Agreement (see 
document IP /N/IITHAfl ). 
Conseil des aspects des droits de propril~te 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRlETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
THAILANDE 
Revision 
Le present document contient le texte1 de la version anglaise non officielle revisee de la Loi B.E. 2522 (1979) sur 
les brevets, telle que modifiee par la Loi B.E. 2535 (nO 2) (1992) sur les brevets et par la Loi B.E. 2542 (nO 3) (1999) sur les 
brevets, qui remplace le texte distribue dans le document IP/N/IITHAlII1, notifie par la ThaYlande au titre de l'article 63:2 de 
l'Accord (voir le document IP/N/lITHA/l). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRlNCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
TAILANDIA 
Revision 
En el presente documento se reproduce el texto1 de la version revisada de la traduccion no oficial al ingles de la 
Ley B.E. 2522 (1979), de Patentes, modificado por la Ley B.E. 2535 (1992) Y la Ley (No 3) B.E. 2542 (1999), que sustituye 
el texto distribuido en el documento IP/N/1/THAlI/l, notificado por Tailandia en virtud del pan-afo 2 del articulo 63 del 
Acuerdo (vease el documento IP/N/IITHAlI). 
1 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 
rOMC./En ingles solamente. Las delegaciones interesadas podran consultar en la Secretaria de la OMC el texto en su idioma original. IPlNllITHA/I/lIRev.l 
Page 2 
PATENT ACT B.E. 2522 
As Amended by the Patent Act (No.2) B.E 2535 
And the Patent Act (No.3) B.E. 2542 
BHUMIBOL ADULYADEJ, REX. 
Given on the 11 th day of March, 8.E. 2522; 
Being the 34th year of the present Reign. 
His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that. 
Whereas it is deemed expedient to grant protection for inventions and designs; 
BE IT, THEREFORE, ENACTED BY THE KING, by and with the advice and consent 
of the National Legislative Assembly, acting as the National Parliament, as follows: 
Section 1 This Act shall be called the "Patent Act B.E. 2522." 
Section 2 This Act shall come into force after the expiration of one hundred and 
eighty days following the date of its publication in the Government Gazette.(1) 
Section 3(2) In this Act: CHAPTER I 
PRELIMINARY 
"patent" means a document issued to grant protection for an invention or a 
design under the provisions in Chapters 2 and 3 of this Act; 
"petty patent" means a document issued to grant protection for an invention 
under the provisions in Chapter 3 bis of this Act; 
"invention" means any innovation or invention which creates a new product or 
process, or any improvement of a known product or process; 
"process" means any method, art or process of producing, maintaining or 
improving the quality of a product, including the application of such process; 
(1) published in the Government Gazette Vol. 96, Part 35 on March 16, 1979 
(2) as revised by the Patent Act (No.3) B.E. 2542 IPINIlITHAIIII/Rev.l 
Page 3 
"design" means any form or composition of lines or colors which gives a special 
appearance to a product and can serve as a pattern for a product of industry or 
handicraft; 
Act; "patent owner" includes the transferee of a patent; 
"petty patent owner" includes the transferee of a petty patent; 
"Board" means the "Board of Patents"; 
"Competent Officer" means a person appointed by the Minister to act under this 
"Director-General" means the Director-General of the Department of Intellectual 
Property, including any person who is designated by him; 
"Minister" means the Minister having charge and control of the execution of this 
Act. 
Section 4 The Minister of Commerce shall have the charge and control of the 
execution of the Act and shall have power to appoint competent officers and issue 
Ministerial Regulations prescribing fees not exceeding those fixed in the list attached to 
this Act, exempting any part or whole fee and prescribing other procedures for the 
execution of this Act. 
The Ministerial Regulations shall become effective upon their publication in the 
Government Gazette. 
CHAPTER 11 
PATENT FOR INVENTIONS 
PART I 
APPLICATIONS FOR PATENTS 
Section 5 Subject to Section 9, a patent may be granted only for an invention in 
respect of which the following conditions are satisfied: 
(1) the invention is new; 
(2) it involves an inventive step; and 
(3) it is capable of industrial application. TPINIl ITHA/IIlIRev.l 
Page 4 
Section 6(1) An invention is new if it does not form part of the state of the art. 
The state of art also includes any of the following inventions: 
(1) an invention which was widely known or used by others in the country 
before the date of application for the patent; 
(2) an invention the subject matter of which was described in a document or 
printed publication, displayed or otherwise disclosed to the public, in this or a foreign 
country before the date of the application for a patent; 
(3) an invention for which a patent or petty patent was granted in this or a 
foreign country before the date of application; 
(4) an invention for which a patent or petty patent was applied in a foreign 
country more than eighteen months before the date of the application and a patent or 
petty patent has not been granted. for such invention; 
(5) an invention for which a patent or petty patent was applied for in this or a 
foreign country and the application was published before the date of application. 
A disclosure which was due to, or made in consequence of, the subject matter 
having been obtained unlawfully, or a disclosure which was made by the inventor, or 
made in consequence of, the inventor displaying the invention at an international 
exhibition or an official exhibition if such disclosure was done within twelve months 
before the filing of an application for the patent, shall not be deemed to be a disclosure 
under subsection (2) above. 
Section 7 An invention shall be taken to involve an inventive step if it is not 
obvious to a person ordinary skilled in the art. 
Section 8 An invention shall be taken to be capable of industrial application if it 
can be made or used in any kind of industry, including handicrafts, agriculture and 
commerce. 
(1) as revised by the Patent Act (No.2) B.E. 2535 and the Patent Act (No.3) B.E. 2542 IP/NIlITHA/I/1/Rev.l 
Page 5 
Section 9(1) The following inventions are not protected under this Act: 
(1) naturally occurring microorganisms and their components, animals, 
plants or extracts from animals or plants; 
(2) scientific or mathematical rules or thecries; 
(3) computer programs; 
(4) methods of diagnosis, treatment or cure of human and animal diseases; 
(5) inventions contrary to public order, morality, health or welfare. 
Section 10(2) The inventor shall have the right to apply for a patent and to be 
named as such 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 patent must be in writing and shall 
require the signatures of the assignor and assignee. 
Section 11 The right to apply for a patent for an invention made in the execution 
of an employment contract or a contract for performing a certain work shall belong to the 
employer or the person having commissioned the work, suless otherwise provided in the 
contract. 
The provision of the first paragraph shall apply in the circumstance where an 
employment contract does not require in 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 activity and to give 0 fair share to the 
employee in the circumstances provided for in the first paragraph of Section 11, the 
employee-inventor shall have a right to remuneration other than his regular salary if the 
employer benefits from the invention. 
(1) as revised by the Patent Act (No.2) B.E. 2535 and the Patent Act (No.3) B.E. 2542 
(2) as revised by the Patent Act (No.2) B.E. 2535 IP/N/1/THA/I/l/Rev.l 
Page 6 
In the circumstances provided for in paragraph 2 of Section 11, the employee-
inventor shall have a right to remuneration. 
The right to remuneration any not be prevented by any contractual provision. 
A request for remuneration under paragraph one and paragraph two 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 his salary, the 
importance of the invention, benefits derived and expected to be derived from the 
invention and other circumstances and prescribed by the Ministerial Regulations. 
Section 13 In order to promote inventive activity among government officials 
and employees of the government organization or enterprises, an 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 or organization or enterprise. 
Section 14(1) An applicant for a patent shall possess one of the following 
qualifications: 
(1) being a Thai national or a juristic person having its headquarters located in 
Thailand; 
(2) being a national of a country party to a convention or an international 
agreement on patent protection to which Thailand is also a party; 
(3) being a national of a country which allows Thai nationals or juristic persons 
having their headquarters to apply for patents in that country; 
(4) being domiciled or having a real and effective industrial or commercial 
establishment in Thailand or a country party to a convention or an international 
agreement on patent protection to which Thailand is also a party. 
(1) as revised by the Patent Act (No.3) B.E. 2542 IP/NIlITHA/I/lIRev.l 
Page 7 
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 make an application for a patent, the application may be 
made 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 and answer any question 
or hand any document or other items to him. After such investigation and when the 
Director-General has made his decision, the applicant and the joint inventor 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 made an application for a patent, the applicant 
who is the first to file shall be entitled to a patent. If the application have been filed on 
the same date, the applicants shall agree whether a patent should be granted to one of 
them or all of them jointly. If no agreement has been reached within the period 
prescribed by the Director-General, they shall bring the case to the 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 17'1) The application for the patent shall comply with the rules and 
procedures as prescribe in the Ministerial Regulations. 
The application for a patent shall contain: 
(1) the title of the invention; 
(1) as revised by the Patent Act (No.3) B.E. 2542 IPINIlITHAIIIIlRev.l 
Page 8 
(2) 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 invention and setting forth 
the best mode contemplated by the inventor to carry out his invention; 
(4) one or more clear and concise claims; 
(5) other items prescribed in the Ministerial Regulations 
In cases where Thailand acceded to an international agreement or cooperation 
on patents, the patent application which is in compliance with the requirements of such 
international agreement or cooperation shall be deemed to be a patent application 
under this Act. 
Section 18 The application for 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(1) A person who has exhibited his invention in an exhibition which 
has been sponsored or authorized and held in Thailand by the government and applies 
for a patent for such invention within twelve months following the opening date of that 
exhibition shall be deemed to have filed his application on the opening date of the 
exhibition. 
Section 19 bis(2) A person under Section 14 who has filed a patent 
application for an invention in a foreign country may claim the first foreign filing date as 
the filing date in the country if the application is filed in the country within twelve months 
following the first filing date in the foreign country. 
(1) as revised by the Patent Act (No.2) B.E. 2535 
(2) as revised by the Patent Act (No.3) B.E. 2542 IPlNllITHAIIII/Rev.l 
Page 9 
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 (1) All officers whose duties are connected with patent applications 
shall refrain from disclosing any detailed description of the invention or permitting any 
person to inspect to make a copy of the detailed description of invention by any means 
before the publication of such application under Section 28, unless it is authorized in 
writing by the applicant. 
Section 2i2
) Before the publication of a patent application under Section 28, all 
persons who know that the application has been filed shall refrain from disclosing any 
information contained in the detailed description of the invention or committing any act 
which is likely to cause damage to the applicant, unless it is authorized in writing by the 
applicant. 
Section 23 When secrecy is required for inventions which in the opinion of the 
Director-General are of interest to the national security, the Director-General shall order 
the applications for patents therefore to be kept in confidence unit it is otherwise 
ordered by him. 
All persons, including the applicant, who know that the application has been 
ordered by the Director-General 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. 
(1) as revised by the Patent Act (No.3) B.E. 2542 
(2) as revised by the Patent Act (No.3) B.E. 2542 IPINIlITHA/IlllRev.1 
Page 10 
shall: PART 1I 
GRANT OF PATENT 
Section 24 Before granting a patent to the applicant, the competent officer 
(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 of organization, to examine the application as to its 
conformity with Section 5, 6, 7, 8, and 9, orthe detailed description of the invention as to 
its conformity with Section 17 (3). The Director-General may treat such examination as 
having 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 the application 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 
eighty days following the receipt of such notice under the preceding paragraph, he shall 
be deemed to have filed that application on the filing date of hid first application. 
The application shall be separated in accordance with the rules and procedures 
provided 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. IPIN/l/THAIIIlIRev.1 
Page 11 
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 over to him any document or item. 
If the applicant has filed on 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 accompanied by translation in Thai. 
If the applicant fails to comply 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. In case necessity, the Director-General may extend such 
period as he deems appropriate. 
Section 28(1) 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 Section9, the Director­
General shall reject the application and the competent officer shall notify the applicant 
of the rejection by a return registered mail or by any other method prescribed by the 
Director-General within fifteen days from the date of rejection by the Director-General; or 
(2) if it appears to the Director-General that the provisions of Section 17 have 
been compiled with and it is not an unpatentable invention under Section 9, the Director­
General shall, in accordance with the rules and procedures in the Ministerial 
Regulations, order the application to be published. Before the publication is made, the 
competent officer shall, by any method prescribed by the Director-General or by a 
return registered mail, notify the applicant to pay the publication fee. If the applicant fails 
to pay the fee within sixty days from the date of receipt of the notice, the competent 
officer shall once again notify the applicant by a return registered mail. If the applicant 
(1) as revised by the Patent Act (No.3) B.E. 2542 IPINI1ITHAII/1/Rev.1 
Page 12 
fails to pay the publication fee within sixty days from the date of receipt of such notice, 
he shall be deemed to have abandoned his application. 
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 cases where there is an opposition and an appeal is taken, within one year after 
the final decision has been made, depending on which period expires last. 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 the expense within 
the 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 Section 5, 9, 10, 11 or 14, 
the Director-General shall refuse the grant of a patent. The Director-General shall refuse 
the grant of a patent. The applicant as well as the other party to the opposition 
proceedings 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 (1) Where an application for a patent has been published under 
Section 28, any person who thinks that he, not the applicant, is entitled to a patent, or 
that the application does not comply with the provisions of Section 5, 9, 10, 11 or 14 may 
(1) as revised by the Patent Act (No.2) B.E. 2535 IP/N/lITHAlIIlIRev.l 
Page 13 
give notice to the competent officer of opposition to such application within ninety days 
following the publication of the application under Section 28. 
Where an opposition has been made in accordance with the preceding 
paragraph, the competent officer shaii send a copy of such notice to the applicant. The 
applicant shall file with the competent officer a counterstatement within ninety days 
following 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 abandoned 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 opposing party shall be notified of the decision with the 
reasons on which it is based. 
Section 33 Where a request for examination is made under Section 29 by the 
applicant for an examination and the competent officer has made examination under 
Section 24, the 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 that the invention is 
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 paragraph, the 
invention shall be registered and a patent granted to the applicant within fifteen days IP/N/l/THAlIIl/Rev.l 
Page 14 
following the payment of the fee, but not before the expiration of period prescribed in 
Section 32. 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 opposition 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 Court has made a final 
decision, if the opposing party has filed an application for a patent within one hundred 
and eighty days after the rejection by the Director-General or from the date on which 
the final decision is made, 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 the 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 
application of the opposing party on the ground that he has better rights in the invention 
than the opposing party. 
Before granting a patent to the opposing party, the competent officer shall 
examine the application is accordance with Section 24. The provisions of Section 29 are 
also applicable to the application of the opposing party. PART III 
RIGHTS CONFERRED BY THE PATENT IPIN/l/THAIIllIRev.l 
Page 15 
Section 35(1) An invention patent shall have a term of twenty years from the date 
of filing of the application in the country. The term of a patent shall not include the period 
during which court proceedings are taken under Section 16, 74 or 77 sexies. 
Section 35 bis(2) Any act in violation of Section 36 committed before the 
grant of a patent shall not be deemed to be an infringement of the patentee's rights 
unless the act is in respect of the invention under the pending application already 
published under Section 28, the person so acting knowing of the filing of the patent 
application or having been informed in writing that a patent application has been filed 
for the invention, in which case the applicant shall be entitled to damages from the 
infringer. A compliant for such damages shall be filed with the court after the patent is 
granted. 
Section 36(3) No other person except the patentee shall have following rights: 
(1) where the subject matter of a patent is a product, the right to produce, use, 
sell, have in the possession for sale, after for sale or import the patented product; 
(2) where the subject matter of a patent is a process, the right to use the 
patented process, to produce, use, sell, have in the possession for sale, offer for sale or 
import the product produced by the patented process. 
The preceding paragraph shall not apply to: 
(1) any act for the purpose of study, research, experimentation or analysis, 
provided that it does not unreasonably conflict with a normal exploitation of the patent 
and do not unreasonably prejudice the legitimate interests of the patent owner; 
(1) as revised by the Patent Act (No.3) B.E. 2542 
(2) as revised by the Patent Act (No.2) B.E. 2535 
(3) as revised by the Patent Act (No.3) B.E. 2542 IPINI1ITHAIII1/Rev.1 
Page 16 
(2) the production of the patented product or use of the patented process, 
provided that the producer or user, in good faith and without knowing or having no 
reasonable cause to know about the patent application. has engaged in the production 
or has acquired the equipment therefore prior to the date of filing of the patent 
application in Thailand, Section 19 bis not applicable hereto; 
(3) the compounding of a drug specifically to fill a doctor's prescription by a 
professional pharmacist or medical practitioner, including any act done to such 
pharmaceutical product; 
(4) any act concerning an application for drug registration, the applicant 
intending to produce, distribute or import the patented pharmaceutical product after the 
expiration of the patent term; 
(5) the use of a device forming the subject of a patent in the body of a vessel or 
other accessories of a vessel of a country party to an international convention or 
agreement on patent protection to which Thailand is also party, when such a vessel 
temporarily or accidentally enters the waters of Thailand, provided that such a device is 
used there exclusively for the needs of the vessel; 
(6) the use of a device forming the subject of a patent in the construction or 
other accessories of an aircraft or a land vehicle of a country party to an international 
convention or agreement on patent protection to which Thailand is also party, when 
such aircraft or land vehicle temporarily or accidentally enters Thailand; 
(7) the use, sale, having in possession for sale, offering for sale or importation 
of a patented product when it has been produced or sold with the authorization or 
consent of the patentee. 
Section 36 bis (1) The scope of the rights of the patentee under Section 36 in 
respect of a patented invention shall be determined by the claims. In determining the 
scope of the claimed invention, the characteristics of the invention as indicated in the 
description and the drawings shall be taken into account. 
(1) as revised by the Patent Act (No.2) B.E. 2535 IPINI1ITHA/IIlIRev.l 
Page 17 
The scope of protection for a patented invention shall extend to the 
characteristics of the invention which, although not specifically stated in the claims, in 
the view of a person of ordinary skill in the pertinent art, have substantially the same 
properties, functions and effects as those stated in the claims. 
Section 3i1
) The patentee shall have the right to use the word "Thai Patent," its 
abbreviation or any foreign word of the same meaning on the product, the container or 
package of the product, or in the advertisement of the product. 
The indication under the first paragraph shall be accompanied by the patent 
number. 
Section 38 The patentee may authorize any other person, by granting a license, 
to exercise the rights conferred to him under Section 36and 37, and may assign his 
patent to any other person. 
Section 39 In granting a license under Section 38, 
(1) the patentee shall not impose upon the licensee any condition, restriction 
or any royalty term which is unjustifiably anti-competitive. 
Conditions, restrictions or terms which is unjustifiably anti-competitive shall be 
prescribed in the Ministerial Regulations; 
(2) the patentee shall not require the licensee to pay royalties for the use of 
the patented invention after the patent has expired in accordance with Section 35. 
Conditions, restrictions or terms concerning royalties which are contrary to the 
provisions of this Section are null and void. 
Section 40 Subject to Section 42, 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, 
(1) as revised by the Patent Act (No.2) B.E. 2535 IPINIlITHA/IIlIRev.l 
Page 18 
but he may grant a license or assign the patent only when it is consented to all joint 
owners. 
Section 41 (1) The license contract and the assignment of a patent under Section 
38 shall be in writing and registered in compliance with the requirements and 
procedures 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, the Director-General shall refuse the registration of such contract, unless it may be 
assumed under the circumstances of the case that the parties intended the valid part of 
the contract to be severable from the invalid part. In the latter circumstances, the 
Director-General may order the 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(2) A patentee shall pay annual fees as prescribed by the Ministerial 
Regulations beginning the fifth year of the term of the patent. The payment of the fees 
shall be made within sixty days following the beginning of the fifth year of the term of the 
patent and of very year thereafter. 
If a patent is granted after the beginning of the fifth year of the term of the patent, 
the first annual fee shall be paid within sixty days following the grant of the patent. 
If the patentee does not pay the annual fees within the period as prescribed in 
the first or second paragraph, the patentee shall be liable to pay a surcharge of thirty 
(1) as revised by the Patent Act (No.2) B.E. 2535 
(2) as revised by the Patent Act (No.3) B.E. 2542 IPIN/1/THA/I/1/Rev.1 
Page 19 
percent of the unpaid annual fee by paying the annual fee together with the surcharge 
within one hundred and twenty days following the expiration of the payment period 
prescribed in the first or second paragraph. 
If the patentee fails to pay the annual fee and the surcharge within the period 
prescribed in the third paragraph, the Director-General shall prepare a report to the 
Board for canceling the patent. 
If the patentee files within sixty days from the date of receipt of the cancellation 
order, a request to the Board that the failure to pay the annual fee within the period 
prescribed in the third paragraph and the surcharge was due to a cause of necessity, 
the Board may extend the payment period or cancel the patent as they deem 
appropriate. 
Section 44(1) The patentee may request to pay all annual fees in advance by 
paying all of the annual fees in one payment instead of paying annually. In cases where 
all of the annual fees have been paid in advance by the patentee, and subsequently the 
list of the annual fees is revised or the patent is surrendered or cancelled, the patentee 
shall not be obliged to pay for any increase in the annual fees or shall not be entitled to 
refund the fees already paid by him. 
PART V 
LICENSES OF RIGHT COMPULSORY LICENSES AND GOVERNMENT USE 
Section 45 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 in the register 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 
(1) as revised by the Patent Act (No.3) B.E. 2542 IPINIlITHA/IIlIRev.l 
Page 20 
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 final. 
The application for and grant of a license under the second paragraph shall 
comply with the rules and procedures as described 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 Regulations, by at least one half of the annual fees which would be payable if 
the entry had not been made. 
Section 46(1) 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 unjustifiably fails to exercise his legitimate rights as 
follows: 
(1) that the patented product has not been produced or the patented process 
has not been applied in the country, without any legitimate reason; or 
(2) that no product produced under the patent is sold in any domestic market, 
or that such a product is sold but at unreasonably high prices or does not meet the 
public demand, without any legitimate reason. 
Whether it is an application under (1) or (2), the applicant for a license must 
show that he has made an effort to obtain a license from the patentee having proposed 
conditions and remuneration reasonably sufficient under the circumstances but unable 
to reach an agreement within a reasonable period. 
The application for a license shall comply with the rules and procedures 
prescribed in the Ministerial Regulations. 
(1) as revised by the Patent Act (No.3) B.E. 2542 IP/N/1/THAlIIlIRev.1 
Page 21 
Section 4i1
} If the working of any claim in a patent is likely to constitute an 
infringement of a claim in a patent of any other person, the patentee, desiring to exploit 
his own patent, may apply to the Director-General for a license under the patent of the 
other person under the following criteria: 
(1) the invention of the applicant involves an important technical advance of 
considerable economic significance in relation to the invention for which the license is 
applied; 
(2) the patentee shall be entitled to a cross-license on reasonable terms; 
(3) the applicant shall not assign his right in the license to other persons 
except with the assignment of his patent. 
The applicant for a license must show that he has made an effort to obtain a 
license from the patentee having proposed conditions and remuneration reasonably 
sufficient under the circumstances but unable to reach an agreement within a 
reasonable period. 
The application for a license shall comply with the rules and procedures 
prescribed by the Ministerial Regulations. 
Section 47 bis(2) If the working of any claim in the patent having obtained a 
license under Section 46 is likely to constitute an infringement of a claim in a patent of 
any other person, the applicant for a license under Section 46 may apply to the Director-
General for a license under the patent of the other person under the following criteria: 
(1) the invention of the applicant involves an important technical advance of 
considerable economic significance in relation to the invention for which the license is 
applied; 
(2) the applicant shall not assign his right in the license to other persons. 
The applicant for a license must show that he has made an effort to obtain a 
license from the patentee having purposed conditions and remuneration reasonably 
(1) as revised by the Patent Act (No.3) B.E. 2542 
(2) as revised by the Patent Act (No.3) B.E. 2542 IP 1Nl 1 ITHA/IIl IRev .1 
Page 22 
sufficient under the circumstances but unable to reach an agreement within a 
reasonable period. 
The application for a license shall comply with the rules and procedure 
prescribed by the Ministerial Regulations. 
Section 48(1) Where a compulsory license is granted under Section 46, 47 or 47 
bis , the patentee shall be entitled to remuneration. 
The licensee under Section 38 shall be entitled to remuneration where a 
compulsory license is granted under 46,47 or 47 bis, provided that he has the exclusive 
right to grant licenses to other persons. In such circumstances, the patentee shall not be 
entitled to such remuneration. 
Section 49(2) In an application for a license made under Section 46, 47 or 47 
bis, the applicant shall set forth the amount of remuneration, the conditions for the 
exploitation of the patent and the restrictions on the rights of the patentee and the 
exclusive licensee under paragraph 2 of Section 48, and a request for a license. In the 
application for a license under Section 47, the applicant shall also offer a license under 
his patent to the other party. 
Where an application for a license is filed pursuant to Section 46, 47 or 47 bis, 
the competent officer shall notify the applicant the patentee and the 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 to hand over to him any document or any other item. When the application 
has been considered by the competent officer and the Director-General has made his 
(1) as revised by the Patent Act (No.3) B.E. 2542 
(2) as revised by the Patent Act (No.3) B.E. 2542 fP/N/I/THA/I/I/Rev.l 
Page 23 
decision, the applicant, the patentee and the exclusive licensee shall be notified of the 
decision. 
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 sd1
) Where it is decided by the Director-General that a license shall be 
granted to the applicant under Section 46, 46 bis or47, the Director-General shall set 
forth the royalty and the conditions for the exploitation of the patent and the restrictions 
on the rights of the patentee and the exclusive licensee under Section 48 paragraph 2 
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, the Director-General 
shall fix the royalty and prescribed the conditions and restriction as he deems 
appropriate subject to the following requirements: 
(1) the scope and duration of the license shall not be more than necessary 
under the circumstances; 
(2) the patentee shall be entitled to further license others; 
(3) the license shall not be entitled to assign the license to others, except with 
that part of the enterprise or goodwill particularly of the part under the lice'nse; 
(4) the licensing shall be aimed predominantly for the supply of the domestic 
market; 
(5) the remuneration fixed shall be adequate for the circumstances of the case. 
The decision of the Director-General made under the first paragraph of the 
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 form, rules and 
procedures prescribed in the Ministerial Regulations. 
(1) as revised by the Patent Act (No.3) B.E. 2542 IP /NIl ITHAlII1 IRev.1 
Page 24 
Section 50 bis(1) A license issued under Section 46 may be terminated if and 
when the circumstances which led to it cease to exist and are unlikely to recur provided 
that the termination does not affect the rights or interests of the licensee under the 
license. 
The application for termination of a license under the first paragraph shall be in 
accordance with the forms, rules and procedures prescribed in the Ministerial 
Regulations, the provisions of Section 49 paragraphs two and three and Section 50 
applying mutatis mutandis. 
Section 51 (2) In order to carry out any service for public consumption or which is 
of vital importance to the defense of the country or for the preservation or realization of 
natural resources or the environment or to prevent or relieve a severe shortage of food, 
drugs or other consumption items or for any other public service, any ministry, bureau or 
department of the Government may, by themselves or through others, exercise any right 
under Section 36 by paying a royalty to the patentee or his exclusive licensee under 
paragraph 2 of Section 48 and shall notify the patentee in writing without delay, 
notwithstanding the provisions of Section 46, 46 bis and 47. 
In the circumstances under the above paragraph, the ministry or bureau or 
department shall submit its offer setting forth the amount of remuneration 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 licensee, and the 
provisions of Section 50 shall apply mutatis mutandis. 
Section 52(3) During a state of war or emergency, the Prime Minister, with the 
approval of the Cabinet. shall have the power to issue an order to exercise any right 
under any patent necessary for the defense and security of the country by paying a fair 
remuneration to the patentee and shall notify the patentee in writing without delay. 
(1) as revised by the Patent Act (No.3) B.E. 2542 
(2) as revised by the Patent Act (No.3) B.E. 2542 
(3) as revised by the Patent Act (No.3) B.E. 2542 IP IN 11 ITHA/II1 IRev.1 
Page 25 
The patentee may appeal the order or the amount of remuneration to the court 
within sixty days from the receipt of the order. 
PART VI 
SURRENDER OF PATENT OR CLAIMS AND CANCELLATION 
OF PATENT 
Section 53(1) Any patentee may surrender his patent or any claim or claims 
there of 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 by two or more persons, the surrender shall be made with the 
consent of all patentees. If licenses have been granted under Section 38, 45, 46, 47 or 
47 bis such surrender shall be made with the consent of all licensees. 
Section 54 Any patent granted not in compliance with the provisions of Section 
5,9, 10,11 or Section 14 shall be 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 interested person or the public 
prosecutor. 
Section 55(2) The Director-General may request the Board to cancel a patent in 
any of the following circumstances: 
(1) when a license has been issued under Section 50 and a period of two years 
has lapsed from the date of issuance of the license, the patentee, the licensee of the 
patentee or the holder of the license fails to produce the patented product or use the 
patented process without any legitimate reason, or no patented product or product 
derived from the patented process is sold or imported into the country or such a product 
(1) as revised by the Patent Act (No.3) B.E. 2542 
(Z) as revised by the Patent Act (No.2) B.E. 2535 and the Patent Act (No.3) B.E. 2542 IP/NIlITHA/IIlIRev.l 
Page 26 
is hold at unreasonably high price, and the Director-General thinks that there is a good 
cause to cancel the patent; 
(2) the patentee has licensed anothei peison to use the rights contrary to the 
provisions 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 so that 
they may be given an opportunity to submit their statements. The submission of the 
statements shall be made within sixty days from the receipt of the order. The Director­
General may require any person to appear before him to answer any question or to hand 
over any document or any other item to him. 
After the investigation and where it appears that there is good ground to cancel 
the patent, the Director-General shall submit his report of the investigation 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 handicrafts. 
Section 57 The following designs are not new:-
(1) a design which was widely known or used by others in this country before 
the filing of the application for a patent; 
(2) a design which was disclosed or described in a document or a printed 
publication in this or a 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. IP/N/] /THA/I/l/Rev.l 
Page 27 
Section 59 The 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 representation of the design; 
(2) an indication of the product for which the design is to be used; 
(3) a clear and concise claim; 
(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 product. 
A list of products shall be prescribed by the Ministerial and published in the 
Government Gazette. 
Section 60 bis(1) A person under Section 14 who has filed a patent application 
for a design in a foreign country may claim the first foreign filing date as the filing date in 
the country if the application is filed in the country within six months following the first 
filing date in the foreign country. 
Section 61 When an application is published under Section 65 and 28, but 
before the registration of and grant of a patent for the design, if it appears that the 
application does not comply with the provisions of Section 56, 57 or Section 65 and 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 31 of that decision, 
and a copy of the decision shall be displayed at the place where the application is filed. 
(1) as revised by the Patent Act (No.3) B.E. 2542 IPIN/1/THAlIIlIRev.l 
Page 28 
Where the Director-General rejects an application 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(1) A design patent shall have a term of ten years from the date of 
filing of the application in the country. 
The term of a patent shall not include the period during which the court 
proceedings are taken under Section 65 and Section 16 or 74. 
Section 62 bis (2) Any act in violation of Section 63 committed before a 
grant of a patent shall not be deemed to be an infringement of the patentee's rights 
unless the act is in respect of the design under the pending application already 
published under Section 65 and Section 28, the person so acting knowing of the filing of 
the patent application or having been informed in writing that a patent application has 
been filed for the design, in which case the applicant shall be entitled to damages from 
the infringer. A compliant for such damages shall be filed with the court after the patent 
is granted. 
Section 63(3) No other person except the patentee shall have the right to use the 
patented design in the manufacture of a product or to sell, have in possession for sale, 
offer for sale or import a product, embodying the patented design, except the use of the 
design for the purpose of study or research. 
Section 64 Any patent granted which is not in compliance with the provisions of 
Section 56, 58 or 65 and Section 10, 11 and 14 shall be invalid. 
(1) as revised by the Patent Act (No.3) B.E. 2542 
(2) as revised by the Patent Act (No.3) B. E. 2542 
(3) as revised by the Patent Act (No.3) B.E. 2542 lPIN/] /THA/I11/Rev.l 
Page 29 
The validity 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 II concerning 
patents for inventions shall apply, mutatis mutandis, to patents for designs in Chapter Ill. 
CHAPTER III BIS 
PETTY PATENTS 
Section 65 bis A petty patent may be granted for an invention in respect of 
which the following conditions are satisfied: 
(1) the invention is new; 
(2) it is capable of industrial application. 
Section 65 ter No person shall apply for both a petty patent and a patent for the 
same invention. 
Section 65 quarter The applicant for a petty patent or the applicant for an 
invention patent may request to convert his application for a petty patent to an 
application for an invention patent or an application for an invention patent to an 
application for a petty patent before the registration of the invention and the grant of the 
petty patent or before the publication of the application under Section 28, as the case 
may be. The applicant may claim the date of filing of the original application to be the 
filing date of the converted application in accordance with the rules and procedures 
prescribed in the Ministerial Regulations. 
Section 65 quinquies Before the registration of an invention and grant of a petty 
patent, the competent officer shall examine the application for a petty patent as to its IP /NIl ITHAlII1 IRev.1 
Page 30 
conformity with Section 65 decies and 17 and examine that the claimed invention is 
protectible under Section 65 decies and 9 and submit a report to the Director-General. 
(1) If it is seen by Director-General that the application for a petty patent does 
not comply with Sections 65 decies and 17 or the claimed invention is not protectible 
under Section 65 decies and 9, the Director-General shall refuse the grant of a petty 
patent. The competent officer shall notify the applicant of such decision, by an 
acknowledgement registered mail or by any other method prescribed by the Director­
General, within fifteen days from the date of the decision. 
(2) If it is seen by the Director-General that the application for a petty patent is 
in compliance with Sections 65 decies and 17 and the claimed invention is protectible 
under Section 65 decies and 9, the Director-General shall order that the invention is to 
be registered and a petty patent granted to the applicant. The competent officer shall 
notify the applicant to pay for the fees for the grant of a petty patent and for the 
publication in accordance with the procedures and period of time prescribed in 
Sections 65 decies and 28 (2). 
The petty patent shall be in the form prescribed by the Ministerial Regulations. 
Section 65 sexies Within one year from the publication of the registration of the 
invention and the grant of a petty patent, any interested person may request the 
competent officer to examine whether or not the invention for which a petty patent has 
been granted satisfies the conditions under Section 65 bis. 
After the receipt of the request under the first paragraph, the competent officer 
shall examine the application as to substance and submit the examination report to the 
Director-General. 
When the Director-General has considered the examination report and thinks 
that the invention satisfies the conditions under Section 65 bis, he shall so inform the 
person requesting for the examination and the owner of the petty patent within fifteen 
days from the date of such decision. 
In cases where the Director-General thinks that the invention does not satisfy the 
conditions under Section 65 bis, he shall order an examination of the case and notify the 
owner of the petty patent to submit a statement supporting his application within sixty IP/N/1/THA/IlllRev.1 
Page 31 
days from the date of receipt of the order. The Director-General may summon any 
person to answer any question or to hand over to him any document or item. After the 
examination of the case if the Director-General thinks that the invention does not satisfy 
the conditions under Section 65 bis, he shall sL!bmit his report to the Board to cancel the 
petty patent and shall notify the person requesting for the examination and the owner of 
the petty patent within fifteen days from the date on which the order is made by the 
Board. 
Section 65 septies A petty patent shall have a term of six years from the date of 
filing of the application in the country. The term shall not include the period during which 
the court proceedings are taken under Sections 65 decies and 16, 74 or 77 sexies. 
The owner of a petty patent may request that the term of his petty patent be 
extended for two periods, each period shall be valid for two years, by submitting a 
request to the competent officer within ninety days before the expiry date. If the request 
is submitted within the said period, the petty patent shall be regarded as validly 
registered until it is otherwise ordered by the competent officer. 
The request for extension of the term of a petty patent shall be in accordance 
with the rules and procedures prescribed by the Director-General. 
Section 65 octies The owner of a petty patent shall have the right to use the 
word "Thai Petty Patent", its abbreviation or any foreign word of the same meaning on 
the product, the container or package of the product, or in the advertisement of the 
product. 
The indication under the first paragraph shall be accompanied by the number of 
the petty patent. 
Section 65 novies Any petty patent granted not in compliance with the 
provisions of Section 65 bis, 65 decies and Section 9,10,11 or 14, shall be invalid. 
The invalidity of a petty patent under the first paragraph may be challenged by 
any person. A petition to cancel an invalid patent may be submitted to the court by any 
interested person or the public prosecutor. IP/N/IITHA/I/IIRev.l 
Page 32 
Section 65 decies The provisions of Sections 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 
17,18,19,19 bis, 20, 21, 22, 23, 25, 26, 27, 28, 35 bis, 36, 36 bis, 38,39,40,41,42, 
43, 44, 45, 46, 47, 47 bis, 48, 49, 50, 50 bis, 51, 52, 53, and 55 in Chapter 11 concerning 
patents for inventions shall apply, mutatis mutandis, to Chapter III bis concerning petty 
patents. 
CHAPTERiv 
BOARD OF PATENTS 
Section 66(1) There shall be a "Board of patents" composed of the Under­
Secretary of State for Commerce as Chairman, and not more than twelve qualified 
members in the fields of science, engineering, industry, industrial design, agriculture, 
pharmacy, economics and law appointed by the Cabinet. At least six qualified members 
shall be from the private sector. 
The Board may appoint any person to act as Secretary and as 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 vacated his offices before the expiration in the 
term of office or more members are appointed by the Cabinet where the term of office of 
the existing appointed members has not expired, the newly appointed members shall 
remain in office only for the term of office of the incumbent. 
A member whose term of office has expired may be reappointed by the Cabinet. 
Section 68 A member appointed by the Cabinet vacates his office upon:-
(1) death; 
(2) resignation; 
(1) as revised by the Patent Act (No.3) B.E. 2542 (3) being discharged by the Cabinet; 
(4) becoming bankrupt; IP/N/1/THA/IIlIRev.l 
Page 33 
(5) becoming an incompetent or a quasi-incompetent person; or 
(6) being imprisoned under a rinal Judgement, except for a peuy offense or an 
offense committed through negligence. 
Section 69 At every meeting of the Board, there must be in 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 a majority of votes. 
In voting, each member shall have one vote. In case of equality of votes, the 
presiding chairman shall have one additional vote as the casing vote. 
Section 70(1) The Board shall have the following powers and duties:-
(1) to give advice or consultation to the Minister in issuing the Royal Decrees 
and Ministerial Regulations under this Act; 
(2) to decide any appeal made against any order or decision of the Director­
General on patents or petty patents under sections 41, 45, 49, 50, 55, 65 sexies or 
Section 65 decies and Section 72; 
(3) to act on other matters as stipulated in this Act; 
(4) to consider any other matter on patents or petty patents as assigned by the 
Minister. 
Section 71 The Board shall have the power to appoint subcommittees to 
consider and advise the Board. The provisions of Section 69 shall apply, mutatis 
mutandis, to the meeting of subcommittees. 
(1) as revised by the Patent Act (No.3) B.E. 2542 IP/N/1/THAIIII/Rev.l 
Page 34 
Section 7i1
) Where an order or a decision is made by the Director-General 
under Sections 12,15,28,30,34,49,50 or Section 61, or Section 65 and Sections 12, 
15, 28, 33, or 34 and Section 65 quinquis or 65 sexies or 65 decies and Section 12, 15, 
49 or 50, any interested person under the said Section may make an appeal to the 
Board within sixty days following the receipt of such order or decision. If he fails to do so 
within such 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 the appeal must be sent to the other party. 
Section 73(2) 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 65 sexies 
or a report of the Director-General under Section 43 or 65 decies and Section 43 
suggesting a cancellation of patent or a petty patent, the Board may require the 
opposing party, the applicant, the patentee, the owner of a petty patent, the applicant 
for examination of a petty patent, or the licensee, as the case may be, to submit any 
evidence or additional statement in accordance with the rules prescribed by the Board. 
Section 74(3) Where a decision or an order is made by the Board under Section 
41, 43, 49, 50, 55 or 65 sexies, 65 decies and Section 41, 43, 49, 50, 55 or 72, the 
appellant and the other party, the patentee, the owner of a petty patent or the licensee, 
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 the receipt of 
such notification. If he fails to do so, the decision of the Board shall be final. 
In considering or giving a judgement under this Act, the Court shall not order the 
Board or the Director-General to pay for any fee on behalf of the other party. 
(1) as revised by the Patent Act (No.3) B.E. 2542 
(2) as revised by the Patent Act (No.3) B. E. 2542 
(3) as revised by the Patent Act (No.3) B.E. 2542 CHAPTER V 
MISCELLANEOUS IP /NI lITHA/IIl IRev.1 
Page 35 
Section 75(1) No person without the rights under this Act shall use the words 
"Thai Patent", "Thai Petty Patent" or its abbreviation or foreign words of the same 
meaning on any product, container or package of a product or in advertising any 
invention or design. 
Section 76(2) No person except a person who has filed an application for a 
patent or a petty patent that is pending, shall use the words "Patent Pending", "Petty 
Patent Pending" or any other word of a same meaning on any product, container or 
package of a product or in advertising any invention or design. 
Section 77(3) In a civil case in respect of the infringement of the rights of the 
owner of the owner of a patent or petty patent where the subject matter of the patent or 
petty patent is a process for obtaining a product, if the owner of the patent or petty 
patent can prove that the defendant's product is identical or similar to the product 
obtained by the process under the patent or petty patent, it shall be presumed that the 
defendant has used the process under the patent or petty patent unless the defendant 
can prove otherwise. 
Section 77 bis(4) In case there is clear evidence that any person is committing or 
about to commit any act in infringement of the rights of the owner of a patent or petty 
patent under Section 36, 63 or Sections 65 decies and 36, the owner of the patent or 
petty patent may request the court to order the person to stop or refrain from committing 
(1) as revised by the Patent Act (No.3) B.E. 2542 
(2) as revised by the Patent Act (No.3) B.E. 2542 
(3) as revised by the Patent Act (No.3) B.E. 2542 
(4) as revised by the Patent Act (No.3) B.E. 2542 IPINIlITHA/I/lIRev.l 
Page 36 
such infringement. The order of the court shall not deprive the owner of the patent or 
petty patent to claim damages under Section 77 ter. 
Section 77 ter(1) In case of an infringement of the rights of the owner of a patent 
or petty patent under Section 36, 63 or Sections 65 decies and 36, the court shall have 
the power to order the infringer to pay the owner of the patent or petty patent damages 
in an amount deemed appropriate by the court, taking into consideration the gravity of 
the injury including the loss of benefits and expenses necessary to enforce the rights of 
the owner of the patent or petty patent. 
Section 77 quarter(2) All goods in the possession of the infringer which infringe 
the rights of the owner of a patent or petty patent under Section 36, 63 or Sections 65 
decies and 36 shall be confiscated. If the court thinks fit, it may order the destruction of 
the goods or other measures to prevent further distribution of the goods. 
Section 77 quinquies(3) Any person who applies and jointly applies for both a 
patent and a petty patent for the same invention not in compliance with Section 65 ter 
shall be deemed to have applied for a petty patent. 
Section 77 sexies (4) If two or more persons have separately or independently 
made the same invention and one of them has made an application for a patent while 
the other person has applied for a petty patent: 
(1) the applicant who is the first to file for a patent or petty patent shall be 
entitled to a patent or petty patent; 
(2) if the applications for a patent and petty patent have been filed on the same 
date, the competent officer shall notify the applicants to agree whether the grant should 
be made to one of them or all of them jointly and whether it should be an application for 
(1) as revised by the Patent Act (No.3) B.E. 2542 
(2) as revised by the Patent Act (No.3) B.E. 2542 
(3) as revised by the Patent Act (No.3) B.E. 2542 
(4) as revised by the Patent Act (No.3) B.E. 2542 IP/N/l ITHAIIII/Rev. 1 
Page 37 
a patent or petty patent. If no agreement is reached within the period prescribed by the 
Director-General, they may bring the case to the Court within ninety days to do so within 
such period, they shall be deemed to have abandoned their applications. 
Section 77 septies(1) Within ninety days following the date of publication under 
Section 28 or the date of publication of the registration of an invention and the grant of a 
petty patent for any invention, the applicant for a petty patent, the owner of a petty 
patent, the applicant for a patent or the patentee who thinks that the registration of the 
invention and the grant of the patent or petty patent may not be in conformity with the 
provisions of Section 65 ter for the reason that the invention is the same invention 
belonging to him and he has applied for a petty patent or a patent on the same date on 
which such application for a patent or a patent was filed may request the competent 
officer to examine whether or not such application for a patent or a petty patent is in 
compliance with the provisions of Section 65 ter. 
After the receipt of the request under the first paragraph, the competent officer 
shall make the examination and submit his examination report to the Director-general. 
When the Director-General has considered the examination report under the 
second paragraph and sees that the registration of the invention and the grant of a 
patent or a petty patent is not in compliance with the provisions of Section 65 ter due to 
the fact that it is the same invention and the application for a patent or a petty patent 
was filed on the same date with the date of application of the person requesting for the 
examination, the Director-General shall notify the applicant for a patent or the owner of 
the petty patent and the person requesting for the examination to agree on the person 
who would solely have the rights in the invention or they would jointly hold the rights. If 
no agreement is reached within the period prescribed by the Director-General, they 
shall be regarded as jointly holding the rights in the invention. 
(1) as revised by the Patent Act (No.3) B.E. 2542 IP/NIlITHA/I/1/Rev.l 
Page 38 
Section 77 octies(1) Any patent or petty patent granted not in compliance with 
the provisions of Section 65 ter shall be invalid. 
The invalidity under the first paragraph may be challenged by any person. 
If the registration of an invention and the grant of a patent or petty patent is not in 
compliance with the provisions of Section 65 ter and the application for a patent and a 
petty patent for the invention were filed on the same date, the patentee, the owner of the _ 
petty patent, any other interested person or the public prosecutor may request the 
Director-General to notify the patentee and the owner of the petty patent to agree that 
the invention is to be the subject of either a patent or a petty patent. If no agreement is 
reached within the period prescribed by the Director-General, the patentee and the 
owner of the petty patent shall be regarded as the joint owners and the invention is the 
subject of a petty patent. 
Section 78(2) 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, 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 in the forms and in the required number of copies as 
prescribed by Director-General. 
Section 80'3) A fee as prescribed by the Ministerial Regulations shall be paid for 
each application for a patent, an application for a petty patent, the publication of an 
application for a patent, request for examination of patent, opposition to the grant of a 
patent, patent, application for the registration of a license contract, application for the 
assignment of a patent, or petty patent, application for conversion of a patent or a petty 
(1) as revised by the Patent Act (No.3) B.E. 2542 
(2) as revised by the Patent Act (No.3) B.E. 2542 
(3) as revised by the Patent Act (No.3) B.E. 2542 IPINI1ITHA/I/l/Rev.l 
Page 39 
patent, application for the extension of the term of a petty patent, application for an entry 
to be made in a patent or petty patent that any person may apply for a license under the 
patent or petty patent, application for a license, a licensing certificate, appeal against an 
order or a decision of the Director-Genera!, duplicate of a patent or a patent or a 
licensing certificate, any other request or application and the making or a copy of any 
document and certification of any document. 
CHAPTER VI 
OFFENSES 
Section 81(1) Any official who violates Section 21 or Section 23 paragraph two or 
Section 65 and 21 or Sections 65 decies and 21 or 23 paragraph two of this Act shall be 
punished with imprisonment not exceeding two years or a fine not exceeding two 
hundred thousand baht or both. 
Section 82(2) Any person who violates Section 22 or Sections 65 and 27 or 
Sections 65 decies and 22 punished with imprisonment not exceeding six months or a 
fine not exceeding twenty thousand baht or both. 
Section 83(3) Any person who violates Section 23 paragraph two or Section 65 
decies and 23 paragraph two of this act shall be punished with imprisonment not 
exceeding one year or a fine not exceeding fifty thousand baht or both. 
Section 84 Any person who violates Section 75 or Section 76 of this Act shall be 
punished with imprisonment not exceeding one year or a fine not exceeding two 
hundred thousand baht or both. 
(1) as revised by the Patent Act (No.3) B.E. 2542 
(2) as revised by the Patent Act (No.3) B.E. 2542 
(3) as revised by the Patent Act (No.3) B.E. 2542 IPINIlITHAlIIlIRev.l 
Page 40 
Section 85(1) Any person who commits any act under Section 36 or 63 without 
the permission of the patentee shall be punished with imprisonment not exceeding two 
years or a fine not exceeding four hundred thousand baht or both. 
Section 86(2) Any person who commits any Act under Sections 65 decies and 
36 without the permission of the owner of a petty patent shall be punished with 
imprisonment not exceeding one year or a fine not exceeding two hundred thousand 
baht or both. 
Section 8i3
} Any person, in order to obtain a patent, applies for a patent for an 
invention or design or a petty patent, presents or gives a false statement shall be 
punished with imprisonment not exceeding six months or a fine not exceeding five 
thousand baht or both. 
Section 88 Where an offender punishable under this Act is a juristic person, the 
persons in charge or representatives of the juristic person, except those who can prove 
that such offense was committed without their knowledge or consent, shall also be liable 
to the penalties prescribed by law for the offence. 
(1) as revised by the Patent Act (No.3) B.E. 2542 
(2) as revised by the Patent Act (No.3) B.E. 2542 
(3) as revised by the Patent Act (No.3) B.E. 2542 LIST OF THE MAXIMUM FEES 
(1 ) An application for a patent 
(2) Applications for design patents for 
the same design which are filed at 
the same time in a number of ten or 
more applications 
(3) Publication of a patent application 
(4) A request for patent examination 
(5) An opposition to a patent application 
(6) A patent or petty patent 
(7) Annual fees for invention patents: 
fifth year 
sixth year 
seventh year 
eighth year 
ninth year 
tenth year 
eleventh year 
twelfth year 
thirteenth year 
fourteenth year 
fifteenth year 
sixteenth year 
seventeenth year 
eighteenth year 
nineteenth year 
twentieth year 
or payment of all annual fees in one 
payment 
(8) Annual fees for design patents: Baht 
1,000 
10,000 
500 
500 
1,000 
1,000 
2,000 
4,000 
6,000 
8,000 
10,000 
12,000 
14,000 
16,000 
18,000 
20,000 
30,000 
40,000 
50,000 
60,000 
70,000 
80,000 
400,000 IPIN/l/THAIIII/Rev.l 
Page 41 IP/N/l ITHA/IIl/Rev. 1 
Page 42 
fifth year 
sixth year 
seventh year 
eighth year 
ninth year 
tenth year 
or payment of all annual fees in one 
payment 
(9) Annual fees for petty patents: 
fifth year 
sixth year 
or payment of all annual fees in one 
payment 1,000 
2,000 
3,000 
4,000 
5.000 
6,000 
20,000 
2,000 
4,000 
6,000 
(10) Fees for the extension of the term of petty patents: 
first extension 
second extension 
(11) An application for the registration of a 
license 
(12)An application to record the assignment 
of a patent or petty patent 
(13)An application for conversion of a patent 
Oi petty patent 
(14)A licensing certificate 
(15)A substitute of a patent, petty patent or 
licensing certificate 
(16)An appeal against an order or decision 14,000 
22,000 
500 
500 
500 
1,000 
100 
of the Director-General 1,000 
(17)Copies of documents, each page 10 
(18)Certifying copies of documents 
of more than ten pages, each page 100 
of not more than ten pages, each page 10 
(19)Any other application 100 