Ministerial
Regulations No. 10 (B.E. 2529)
Issued
under the Patent Act B.E. 2522
..
By
virtue of the power granted under Sections 4 and 78 of the Patent Act
B.E. 2522, the Minister of Commerce issues the Ministerial Regulations
as follows:
Clause
1 In cases where a patent or licensing certificate of any person is
lost or substantially damaged, if the holder wants to have a substitute
of the patent or certificate he shall file an application in the form
prescribed and printed by the Director-General with the competent officer
at the Department of Commercial Registration, Ministry of Commerce, or
send such application by a registered mail to the competent officer at
the Department of Intellectual Property.
In
cases where the patent or certificate is lost, the applicant shall file
the receipt of the report by the holder of such a loss to the police station
responsible for the area where the loss occurred together with the application.
In
cases where the patent or certificate is substantially damaged, the applicant
shall submit the damaged patent or certificate together with the application.
Clause
2 In filing the application under Clause1, if the applicant is not
resident of Thailand, he shall appoint an agent registered with the Director-General
to act for him by filing the power of attorney which is certified by the
Thai diplomated representative, consul or head of the office representing
the Thai Ministry of Commerce in the country in which the grantor resides
or any officer who is designated to act on behalf of the said officer,
or certified by any person empowered by the law of the said country to
certify signatures.
If
the applicant is resident of Thailand, the application under the first
paragraph may be made for him by his agent already registered with the
Director-General. In such a case, the power of attorney shall be furnished
together with the application.
Clause
3 In the course of examination of the application for substitute of
a patent or licensing certificate, the competent officer may instruct
the applicant or his agent to appear before him to answer any question
or hand over to him any document or item within the prescribed period.
If the applicant or his agent fails to comply with the instruction of
the competent officer under the first paragraph, he shall be deemed to
have abandoned the application. In case of necessity, the Director-General
may extend the prescribed period as he deems appropriate.
Clause
4 When the Director-General has ordered the issuance of a substitute
of the patent or licensing certificate and the fee has been paid by the
applicant, the competent officer shall issue the substitute to the applicant.
Clause
4 bis Clause 1, 2, 3 and 4 shall apply to the filing of an application
for a substitute of a petty patent or a substitute of a licensing certificate
of a petty patent for a lost or substantially damaged petty patent or
licensing certificate.
Clause
5 The substitute of a patent for an invention, a patent for design
and a petty patent shall be in Form PI/200-B, PD/200-B and PP/200-B annexed
to the Ministerial Regulations No. 1 (B.E.2542) issued under the Patent
Act B.E. 2522, as the case may be.
The
substitute of a licensing certificate of a patent and of a petty patent
shall be in form PI/201-B and Form PP/201-B annexed to the Ministerial
Regulations No. 6 (B.E.2524) issued under the Patent Act B.E. 2522.
In
the substitute issued pursuant to paragraphs 1 and 2, the word “substitute”
shall be indicated above the Government seal in the relevant forms.
Clause
6 Any document required to be submitted under these Regulations which
is in a foreign language shall be accompanied by a Thai translation certified
by the translator to be true.
Given on
September 24, 1999
(sign) Paitoon
Kaewtong
(Mr.Paitoon
Kaewtong)
Deputy Minister
of Commerce
Acting
for the Minister of Commerce
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