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Articles
New PCT International Application Filing Fees announced by the Thai Department of Intellectual Property
To conform with the fees set by the International Searching Authorities (“ISA”) and current exchange rate, the Thai Department of Intellectual Property (“DIP”) has hereby made this new filing fees announcement on 8 August 2022 (“Announcement”) with immediate effect.
The essence of the Announcement is as follows:
(i) The International Application Filing Fees including International Filing Fee, Search Fee and Transmittal Fee for the Thai Receiving Office (“RO”) are updated as per the attached Annex.
(ii) The late payment fee, based on Clause 10, paragraph two of the Ministerial Regulations on the Application for Patent Protection to Implement the Patent Treaty Cooperation B.E. 2552 (2009), shall be 50% of the outstanding International Application Filing Fees as notified by an official of the DIP. The late payment fee shall not exceed 50% of the International Application Filing Fees to be paid, without taking into account the extra fee for the international application being in excess of 30 sheets.
(iii) If the international application is filed by an applicant who is a national of and resides in one of the countries under the list of the WIPO Notification of Applicability of 90% Reduction in Certain PCT Fees (applicable on or after 1 January 20202), the applicant is entitled to the reduced rate of International Filing Fee in the said Annex. If there are several applicants, each of the applicants must have the nationality and residence as permitted under the said lists.
(iv) For an international application which the United States Patent and Trademark Office (USPTO) has selected as an ISA, the reduced rate of the Search Fee is applicable for filing by a “small entity applicant” or “micro entity applicant”. Further details on the entitlement to and the establishment of “small entity” status and “micro entity” status are based on the Code of Federal Regulations Title 37 - Patents, Trademarks and Copyrights CFR 1.27 and CFR 1.29, respectively.
Please do not hesitate to contact us should you need more information.
Pavinee Bunyamissara
Partner
Narongcachon Chomsa
Attorney-at-Law
Seehajetdha Prasopsukcharoen
Attorney-at-Law
Annex
International Filing Fee, Search Fee and Transmittal Fee Rate
1. International Fiing Fee
No. | Forms of International Application Filing | Rate (Baht) | |
---|---|---|---|
Full rate (per application) |
Reduced rate (per application) |
||
1. |
Hard Copy Filing 1.1 First 30 sheets of international application |
54,000 |
5,400 |
2. |
Electronic Filing 1) PCT/RO/101 Application in the form of .XML file with other parts of the application in .PDF, .JPEG or .TIFF; or |
45,000 |
4,500 |
2. Search Fee
No. | International Searching Authorities | Rate (Baht) | |
---|---|---|---|
Full rate (per application) |
Reduced rate (per application) |
||
1. |
United States Patent and Trademark Office (USPTO) |
|
|
2. |
European Patent Office (EPO) |
72,000 |
- |
3. |
China National Intellectual Property Administration (CNIPA) |
14,000 |
- |
4. |
Japan Patent Office (JPO) |
50,000 |
- |
5. |
Australian Patent Office (APO) |
61,000 |
- |
6. |
Korean Intellectual Property Office (KIPO) |
38,000 |
- |
7. |
Intellectual Property Office of Singapore (IPOS) |
64,000 |
- |
3. Transmittal Fee
Item | Rate (Baht) (per application) |
---|---|
Transmittal Fee for International Application |
3,000 |
Pavinee is a leading expert in intellectual property (IP) law. She joined the Intellectual Property Practice Group of SCL Law Group (currently known as SCL Nishimura & Asahi) as an associate upon its formation in 2005. Prior to that, Pavinee was an in-house legal counsel at many companies where she gained extensive hands-on experience within general law practice, IP and e-commerce related matters. She also gained comprehensive knowledge of contracts and telecommunications working with government agencies while she was an in-house legal counsel. Pavinee was a guest lecturer and speaker on IP and information law at various forums. Currently, Pavinee routinely advises major clients on matters relating to trademark and patent registrations, copyright recordation, license agreements, as well as trademark, patent and copyright infringement. Versatile and keen, she also assists with overseas trademark and patent registration applications and acts as counsel providing expert guidance to clients throughout IP enforcement process and litigation proceedings. She has been consistently consulted with on cases involving electronic trade and commerce, domain name registrations and personal data and privacy protection. Representing numerous international and domestic organizations in both public and private organizations, Pavinee takes advantage of a refined understanding of IP prosecutions and commercial risk to deliver to the clients borderless and practical legal advice based upon reliable and comprehensive understanding of the laws, regulations and best practices in Thailand. With her comprehensive knowledge and extensive experience, she is well-equipped to meet the clients’ diverse needs whereby she tailors her legal service and professional advice to suit the particular needs of each client.