General IP related matters

Question 1
If you are licensed as an attorney at law, can you execute patent prosecution before your PO without the license of patent agent?

Answer 1
No. Only Registered Patent Agents can prosecute patent before the Patent Office.

Question 2
Can you handle industrial design applications and trademark ones without any license?

Answer 2
Yes to Trademarks, No to Industrial Design
Similar to Patents, Industrial Designs can only be filed by Registered Patent Agents.

Question 3
Have you established your professional association in your country?

Answer 3
Yes, there are 2 affiliations but not at a national level. They are at the ASEAN Regional Grouping called APAA (http://www.apaaonline.org/) and Asean IPA (http://www.aseanipa.org/).

Question 4
Is an invention utilizing a computer able to be protected under your patent law?

Answer 4
An invention utilizing a computer may be protected under the Thai Patent Act, provided the invention is not a computer program.

Question 5
Do you have any provision of your patent law for relieving the invention losing its novelty caused by being disclosed at a study meeting or the like.

Answer 5
Yes, Section 13 of the Thai Patent Act provides that :
"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 12 months before the filing of an application for the patent shall rat be deemed to be a disclosure."

Question 6
Is it permitted to submit a photograph of a microscope instead of a drawing in a patent application?

Answer 6
Yes, a photographic image is acceptable provided it is printed on A4 size paper for

Question 7
For accelerated examination, what documents do we have to submit?

Answer 7
We may write a letter to the Patent Office requesting them to accelerate the examination process.
For accelerated examination, a letter of request together with documents regarding the results of the examination conducted in foreign country accompanied with the Thai translation must be submitted.

Question 8
Offices of patent, industrial design and trademark are different authorities from each other?

Answer 8
Thailand established Department of Intellectual Property (DIP) under the Ministry of Commerce. Patent Office and Trade Mark Office are 2 divisions of the Department of Intellectual Property. Industrial Design is a sub-division of the Patent Office.

Question 9
How do we draft the claims of a industrial design application?

Answer 9
The Claim is limited to one claim only. Applicants may claim:
a. the shape and configuration, or
b. the shape, configuration, and surface ornamentation, or
c, the shape, configuration, surface ornamentation, and colour, or
d. the surface ornamentation of the design as shown in the representation(s).

Question 10
How do we draft the statement of use at the time of filing a trademark application if necessary?

Answer 10
It is not a requirement to submit a statement of use at the time of filing a trademark

Question 11
How many percent of your handling foreign applications are from Japanese companies?

Answer 11
Approximately 10%.

Question 12
Where can we obtain remarkable judicial judgments in English in IP field issued by your courts?

Answer 12
The IP court does not provide judicial judgments in English.

Question 13
What do you think about IP businesses with Japan in future, cooperating with Japanese patent attorneys?

Answer 13
We are positive and upbeat about future growth in our level of business with Japanese clients amidst the current economic downturn, as we are confident of delivering high quality and personalized service at all times further supported by our Japan desk liaison.

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