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New PCT International Application Filing Fees announced by the Thai Department of Intellectual Property

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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
1.2 Each sheet of international application in excess of 30 sheets

 

54,000
60

 

5,400
60

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
2) PCT/RO/101 Application in the form of .XML or .DOCX file

 

45,000
 
 
41,000

 

4,500
 
 
4,100

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)
1) General applicants
2) Small entity applicants
3) Micro entity applicants

 
85,000

 
 
42,500
21,250

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

Authors

パヴィニー・ブンヤミッサラー

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. Pavinee was also named an IP expert by magazines[Ed: I suggest listing which magazines, or listing only a couple if there are many.]. AsiaIP Informed Analysis and the 2022 edition of World Trademark Review 1000 are publishing the recent list.

ナロンカチョン・チョムサー

Narongcachon joined the firm in 2012 as a member of our Intellectual Property Practice Group. While in the IP department, he has conducted patent prosecution, advising relating to intellectual property matters, conducting patent searches and providing analysis and draft opinions based on the analysis. He is also very hands-on with giving advice on the patentability of an invention, infringement and opposition. He has extensive technical experience in preparing patent specifications, preparing and reviewing design drawings and descriptions, as well as preparing and filing patent, design and utility model applications and responses to office actions with the Thai Patent Office. He is also active in intellectual property and information technology court matters, as well as providing legal advice on emerging legal issues. Previously, Narongcachon worked in the telecommunications industry as a Technical Service Engineer and Service Manager, in the fields of telecommunications and data network technologies, with Siemens Limited Thailand, Siemens AG (Germany) and Nokia Siemens Networks (Thailand) Ltd. As a result, he has high technical expertise in telecommunications and data networks. With a long working history in the telecommunications industry and his academic background in engineering, Master of Business Administration (MBA) and related laws, he is a technical/business minded lawyer and is well attuned to legal developments in the intellectual property, telecommunication and information technology industries.