Legislative Implementation of Flexibilities - Thailand

Title:	Sections 17 3), 24 (1), 27 and 28 (1) of the Patent Act B.E. 2522 of 11/03/1979 as amended by the Patent Act (No.2) B.E 2535 and the Patent Act (No.3) B.E. 2542
Field of IP:	Patents
Type of flexibility:	Disclosure related flexibilities
Summary table:

Provisions of Law

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:

(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;

Section 24

Before granting a patent to the applicant, the competent officer shall:

(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 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 an 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 of necessity, the Director-General may extend such period as he deems appropriate.

Section 28

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 Section 9, 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;