UPDATE ON PCT APPLICATIONS JURISDICTION REPORT: THAILAND
Kowit Somwaiya and Prasantaya Bantadtan LawPlus Ltd
Tailand acceded to the Patent Cooperation Treaty on September 24, 2009, as the 142nd contracting party, effective from December 24, 2009. As of October 2010, the Ministry of Commerce (MOC) and the Department of Intellectual Property (DIP) have issued regulations to implement registrations of inventions under the PCT as follows:
• The notification of the DIP re: registration of patent agents, dated September 2, 2009
• The notification of the DIP re: rules and procedures for required knowledge on examination and obtaining patent agent licences, dated September 11, 2009
• The notification of the DIP re: training and practices on patents registration and protection of inventions under the PCT, dated September 11, 2009, and
• The ministerial regulation of the MOC re: filing patent applications for inventions under the PCT, dated October 30, 2009.
On December 24, 2009, the DIP also announced four notifications on filing patent applications for inventions under PCT. Tese notifications prescribe the procedures and the required documents for filing PCT applications in detail. Tey include the forms of powers of attorney and of international applications and withdrawal applications, as well as details of the filing fees, the international search fees and the international search authorities.
As of October 7, 2010, 42 invention applications have been filed with the Tailand Patent Office as the receiving office under the PCT system. Te applicants are mainly Tai juristic persons and Tai individuals. Te inventions under the applications are mostly in the fields of industrial machinery, electronics, chemistry and physics.
PCT national phase applications are allowed only for international applications filed on or before December 24, 2009. Te time limit for entering into the national phase of international applications in Tailand is 30 months from the priority date.
Te Ministry of Commerce reported that in the past five years (2005 to 2009), around 4,000 patent applications were filed with the Tailand Patent Office. Of these, around 1,000 applications were for registration of inventions and around 3,000 were for product designs.
On the litigation side, the number of the lawsuits on patents and petty patents as filed with the Central Intellectual Property and International Trade Court in 2009 stood at 28 cases, while the total number of the pending patent lawsuits as of the end of 2009 was 61 cases.
www.worldipreview.com
“ AS OF OCTOBER 7, 2010, 42 INVENTION APPLICATIONS HAVE BEEN FILED WITH THE THAILAND PATENT OFFICE AS THE RECEIVING OFFICE UNDER THE PCT SYSTEM. THE APPLICANTS ARE MAINLY THAI JURISTIC PERSONS AND THAI INDIVIDUALS. THE INVENTIONS UNDER THE APPLICATIONS ARE MOSTLY IN THE FIELDS OF INDUSTRIAL MACHINERY, ELECTRONICS, CHEMISTRY AND PHYSICS.”
Te Tailand Patent Office is in the process of issuing regulations to improve its efficiency by reducing the timeline for registering a petty patent from 12 months to six months from the application filing date.
Kowit Somwaiya is the managing partner at LawPlus Ltd. He can be contacted at:
kowit.somwaiya@
lawplusltd.com
Prasantaya Bantadtan is a partner at LawPlus Ltd. She can be contacted at:
prasantaya.bantadtan@
lawplusltd.com
World Intellectual Property Review November/December 2010 95
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