PCT National Phase Entry in Thailand

Navigating international patent protection can be complex, but the Patent Cooperation Treaty (PCT) offers a unified process for securing rights in multiple countries. For businesses aiming to protect their inventions in Thailand—whether to enter the market, manufacture locally, license technology, or guard against infringement—entering the national phase under the PCT is essential.

Why Thailand? Thailand is an increasingly strategic jurisdiction for national phase entry due to its growing economy, pivotal role in ASEAN, and dynamic manufacturing and R&D activity. Key industries include biotechnology, pharmaceuticals, chemicals, consumer goods, electronics, and automotive—making the country a vital patent destination in Southeast Asia.

This guide outlines the key requirements, timelines, procedures, and practical insights needed to successfully enter the Thai national phase.

Understanding the PCT System and National Phase

The Patent Cooperation Treaty (PCT), administered by the World Intellectual Property Organization (WIPO), allows applicants to seek patent protection in multiple countries through a single international application. This system streamlines the early stages of the application process by providing international search and preliminary examination reports before national filings.

The national phase is when the international application enters the local process of a designated country like Thailand. At this stage, the applicant must comply with local filing rules, translations, and procedural formalities to advance the application toward grant.

Key Requirements & Deadlines for Thai National Phase Entry

Entering the PCT National Phase in Thailand involves specific statutory requirements and procedural obligations. Missing critical deadlines or submitting incomplete documentation may result in loss of rights.

30-Month Deadline from Priority Date

Applicants must enter the national phase in Thailand within 30 months from the earliest priority date of the international application. This is a strict deadline under Thai law. Failure to comply with this timeframe generally leads to a forfeiture of rights unless reinstatement is granted.

Late Entry & Reinstatement

Applicants who miss the 30-month deadline may request reinstatement by showing that the delay occurred despite due care. While possible, reinstatement is discretionary and rarely granted by the Department of Intellectual Property

Required Documents for National Phase Entry

To validly enter the Thai national phase, applicants must prepare and submit specific documents in two stages: at the time of filing and within 90 days thereafter.

At filing:

• Application form signed by a registered Thai patent agent

• Thai translation of the PCT Request Form (PCT/RO/101)

• Thai translations of the title, claims, and abstract

Within 90 days (with extension request):

• Thai translation of the remaining specification (i.e., description and text in the drawings)

• Notarized Power of Attorney (POA)

• Assignment deed (if applicant differs from PCT application)

Ensuring complete and timely submission of all materials is essential for maintaining the validity of the national phase entry in Thailand.

Translation Requirements

The entire PCT application must be translated into Thai, including title, abstract, claims, description, and drawing text. The translation must reflect the application as filed or as amended under PCT Article 19 or 34. Accurate technical translation is crucial to avoid rejection or delay.

Appointment of a Thai Patent Agent

Foreign applicants must appoint a registered Thai patent agent. The agent will act on behalf of the applicant and handle all filings and correspondence with the DIP. Even applicants with a Thai presence benefit from professional representation due to the nuances of Thai patent law.

PCT National Phase Procedure After Entry

Once the national phase entry is complete, the application proceeds through the following steps:

1. Initial Examination: DIP reviews the application for formal compliance and assesses whether the subject matter is patentable under Thai law.

2. Publication: After initial requirements are met and the publication fee is paid, the application is published in the Patent Gazette. This initiates a 90-day period for third-party opposition.

3. Substantive Examination: For invention patent applications, a request for substantive examination must be filed within five years from the publication date. During this stage, a patent examiner evaluates the invention for novelty, inventive step, and industrial applicability.

4. Grant: If the application is approved, the patent is granted. Once the grant fee is paid, the DIP issues a patent certificate.

5. Annuities: Annual maintenance fees are payable starting from year 5, but only after the patent has been granted.

Understanding these procedural steps—and ensuring timely action at each stage—is essential to securing and maintaining patent rights in Thailand under the PCT national phase system.

Costs Associated with PCT National Phase Entry in Thailand

Understanding the costs involved in PCT National Phase entry is vital for budgeting. These expenses typically include:

Government Fees: Official fees charged by the Thai DIP for filing, examination, and grant.

Professional Agent Fees: Charges by your Thai patent agent for their services in preparing, filing, and prosecuting the application.

Translation Costs: Fees for translating your PCT application documents into Thai.

Government Fees

The following are government fees for PCT national phase entry of invention patent in Thailand:

• Filing fee: THB 500

• Publication fee: THB 250

• Examination request fee: THB 250

• Grant fee: THB 500

• Annuities: From THB 1,000 (year 5), increasing annually

👉 Use our Thai Patent Fee Calculator for a detailed estimate.

Advantages of Using PCT National Phase in Thailand

Opting for PCT National Phase entry offers several strategic benefits for global innovators:

• Streamlined Filing: Centralized filing process across jurisdictions

• Deferred Costs: Delay local expenses up to 30 months

• Patentability Insight: International Search Report (ISR) offer early feedback

• Consolidated Priority Date: Recognized in all designated states

This makes the PCT route efficient and commercially flexible.

Common Challenges & Best Practices

Although the PCT simplifies the global patent process, challenges remain at the national level. To navigate Thai national phase entry effectively:

• Accuracy in Translation: Poor translation can result in delays or ineffective patent protection.

• Track Deadlines Rigorously: 30-month, 90-day, 5-year deadlines are critical.

• Work Closely with Local Agents: Collaboration ensures faster, more accurate filings.

• Plan Strategic Amendments: Modify claims to comply with Thai practice.

• Use Foreign Grant Support: Submitting a grant (e.g. from USPTO, EPO, or JPO) and aligning Thai claims may expedite Thai examination.

By following these best practices, applicants can reduce risks and enhance the likelihood of a successful outcome in the Thai national phase.

Frequently Asked Questions (FAQs) about PCT National Phase Entry

What is the deadline to enter the Thai national phase?

You must enter within 30 months of the earliest priority date.

Is late entry possible after 30 months?

Yes, but only via reinstatement under the "due care" standard. Rarely granted.

What documents must be submitted?

Signed application form, translations of the PCT Request, title, abstract, and claims at filing. Within 90 days: full translation, POA, assignment if needed.

Is Thai translation required?

Yes. The full application must be translated into Thai.

Do non-residents need a local patent agent?

Yes. Non-residents must appoint a registered Thai patent agent.

Can I request substantive examination at the time of filing?

No. Substantive examination may only be requested after publication and must be done within five years from the publication date.

Are annuity fees payable before grant?

No. Annuity fees begin from the fifth year after grant.

Work with Trusted Thai Patent Professionals

Success during the national phase depends on careful planning, accurate translations, and compliance with local formalities. For expert guidance, timely filings, and to enhance your chances of securing patent protection in Thailand, we highly recommend professional assistance.

👉 Work with experienced Thai patent agents to ensure a smooth and compliant national phase entry.