Ministerial
Regulations No. 27 (B.E. 2542)
Issued
under the Patent Act B.E. 2522
..
By
virtue of the power granted under Section 4, Section 53 paragraph one
and Section 65 of the Patent Act B.E. 2522 and Section 65 decies of the
Patent Act B.E. 2522 as amended by the Patent Act (No.3) B.E. 2542, the
Minister of Commerce issues the Ministerial Regulations as follows:
Clause 1 The
following shall be repealed:
(1)
Ministerial Regulations No.8 (B.E. 2529) issued under the Patent Act B.E.
2522;
(2)
Ministerial Regulations No.18 (B.E. 2535) issued under the Patent Act
B.E. 2522;
Clause
2 In applying for the surrender of a patent or any claim or claims,
the patentee or the owner of the petty patent shall file an application
in the form prescribed by the Director-General with the competent officer
at the Department of Intellectual Property, Ministry of Commerce or send
the application by a registered mail to the competent officer at any of
the following places:
(1)
the Department of Intellectual Property, Ministry of Commerce;
(2)
any provincial commercial office or governmental office prescribed by
the Director-General.
In
filing the application under the first paragraph, if the patentee or the
owner of the patent is not resident if Thailand, ha shall appoint an agent
registered with the Director-General to act for him by filing the power
of attorney with the application in accordance with the following:
(1)
in the case where the appointment of the agent is done in a foreign country,
the power of attorney shall be certified by an officer of the Thai embassy
or consular office or head of the office attached to the Thai Ministry
of Commerce in the country in which the person appointing the agent resides
or any officer designated to act on behalf of the said officer, or certified
by any person authorized by the law of the said country to certify signatures;
or
(2)
In the case where the appointment is done in Thailand, a copy of the passport
or certificate of temporary residence or other evidence to prove to the
Director-General of the entry to Thailand at the time of the appointment
of the agent.
Clause
3 In filing the application under Clause 2, if the patent or petty
patent is jointly-owned, the applicant shall file evidence showing the
consent of all joint-owners.
If
the patent has been licensed under Section 38, 45, 46, 47 or 47 bis or
the design patent under Sections 65 and 38 or the petty patent under Sections
65 decies and 38, 45, 46, 47 or 47 bis, the evidence showing the consent
of the parties concerned shall be filed together with the application.
Clause
4 The application for the surrender of a patent or any claim or claims
shall not be made in the following circumstances:
(1)
there is a lawsuit alleging that the patent or petty patent which is or
of which a claim is proposed to be surrendered infringes a patent or petty
patent of another person pending in the court;
(2)
there is a lawsuit requesting for the cancellation of the said patent
or petty patent under Section 54, 64 or 65 novies pending in the court.
Clause
5 In the course of examination of the application for the surrender
of a patent, petty patent or claims, the competent officer may instruct
the patentee, the owner of a petty patent, the joint owner of the patent
or petty patent or his representative or any other person who has an interest
to appear before him to answer any question or hand over to him any document
or item within the prescribed period.
Clause
6 When the competent officer has examined the application filed under
Clause 2, including the evidence filed or statements of the persons instructed
to appear before him under Clause 5, if any, he shall submit his opinion
to the Director-General.
Clause
7 When the application under Clause 2 has been approved by the Director-General,
the competent officer shall record the said surrender in the register
of patents or petty patents and notify the patentee or the owner of the
petty patent of the decision, and shall publish the surrender of the patent,
petty patent or claims in an open area at the Department of Intellectual
Property, Ministry of Commerce for at least thirty days.
If
the application under Clause 2 is rejected by the Director-General, the
competent officer shall notify the patentee of the rejection without delay.
Clause
8 Any document required to be submitted under these egulations which
is in a foreign language shall be accompanied by a Thai translation certified
by the translator to be true.
Clause
9 The applications for the surrender of patents or claims filed before
the entry into force of these Regulations shall be executed in accordance
with these regulations.
Given on
September 24, 1999
(sign) Paitoon
Kaewtong
(Mr.Paitoon
Kaewtong)
Deputy Minister
of Commerce
Acting for
the Minister of Commerce
Part
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