CHAPTER III PATENTS FOR DESIGNS

Section 56 A patent may be granted under this Act for a new design for industry, including handicrafts.

Section 57 The following designs are not new:-

     (1) a design which was widely known or used by others in this country before the filing of the application for a patent;

     (2) a design which was disclosed or described in a document or a printed publication in this or a foreign country before the filing of the application for a patent;

     (3) a design which was published under Section 65 and Section 28 before the filing of the application for a patent;

     (4) any design so nearly resembling any of the designs prescribed in (1), (2) or (3) as to be an imitation.

Section 58 The following are unpatentable:-

     (1) designs that are contrary to public order or morality;

     (2) designs prescribed by a Royal Decree.

Section 59 The application for a patent shall comply with the requirements and procedures as prescribed by the Ministerial Regulations.

Every application for a patent shall contain:-

     (1) a representation of the design;

     (2) an indication of the product for which the design is to be used;

     (3) a clear and concise claim;

     (4) other items prescribed in the Ministerial Regulations.

Section 60 An application for a patent shall relate to a design to be used with only one product.

A list of products shall be prescribed by the Ministerial and published in the Government Gazette.

Section 60 bis⁽¹⁾ A person under Section 14 who has filed a patent application for a design in a foreign country may claim the first foreign filing date as the filing date in the country if the application is filed in the country within six months following the first filing date in the foreign country.

Section 61 When an application is published under Section 65 and 28, but before the registration of and grant of a patent for the design, if it appears that the application does not comply with the provisions of Section 56, 57 or Section 65 and 10, 11 and 14, the Director-General shall reject the application. The competent officer shall notify the applicant and the opposing party under Section 65 and 31 of that decision, and a copy of the decision shall be displayed at the place where the application is filed.

Where the Director-General rejects an application and the application is opposed under Section 65 and Section 31, the Director-General shall proceed to consider the opposition in accordance with section 65 and Section 32.

Section 62⁽¹⁾ A design patent shall have a term of ten years from the date of filing of the application in the country.

The term of a patent shall not include the period during which the court proceedings are taken under Section 65 and Section 16 or 74.

Section 62 bis⁽²⁾ Any act in violation of Section 63 committed before a grant of a patent shall not be deemed to be an infringement of the patentee's rights unless the act is in respect of the design under the pending application already published under Section 65 and Section 28, the person so acting knowing of the filing of the patent application or having been informed in writing that a patent application has been filed for the design, in which case the applicant shall be entitled to damages from the infringer. A compliant for such damages shall be filed with the court after the patent is granted.

Section 63⁽³⁾ No other person except the patentee shall have the right to use the patented design in the manufacture of a product or to sell, have in possession for sale, offer for sale or import a product, embodying the patented design, except the use of the design for the purpose of study or research.

Section 64 Any patent granted which is not in compliance with the provisions of Section 56, 58 or 65 and Section 10, 11 and 14 shall be invalid.

The validity of a patent may be challenged by any person. A petition to cancel an invalid patent may be submitted to the Court by any person who has an interest in the patent or by the public prosecutor:

Section 65 The provisions of Sections 10, 11, 12, 13, 14, 15, 16, 19, 20, 21, 22, 27, 28, 29, 31, 32, 33, 34, 37, 38, 39, 40, 41, 42, 43, 44, and 53 in Chapter II concerning patents for inventions shall apply, mutatis mutandis, to patents for designs in Chapter III.

CHAPTER III BIS PETTY PATENTS

Section 65 bis A petty patent may be granted for an invention in respect of which the following conditions are satisfied:

     (1) the invention is new;

     (2) it is capable of industrial application.

Section 65 ter No person shall apply for both a petty patent and a patent for the same invention.

Section 65 quarter The applicant for a petty patent or the applicant for an invention patent may request to convert his application for a petty patent to an application for an invention patent or an application for an invention patent to an application for a petty patent before the registration of the invention and the grant of the petty patent or before the publication of the application under Section 28, as the case may be. The applicant may claim the date of filing of the original application to be the filing date of the converted application in accordance with the rules and procedures prescribed in the Ministerial Regulations.

Section 65 quinquies Before the registration of an invention and grant of a petty patent, the competent officer shall examine the application for a petty patent as to its conformity with Section 65 decies and 17 and examine that the claimed invention is protectible under Section 65 decies and 9 and submit a report to the Director-General.

     (1) If it is seen by Director-General that the application for a petty patent does not comply with Sections 65 decies and 17 or the claimed invention is not protectible under Section 65 decies and 9, the Director-General shall refuse the grant of a petty patent. The competent officer shall notify the applicant of such decision, by an acknowledgement registered mail or by any other method prescribed by the Director-General, within fifteen days from the date of the decision.

     (2) If it is seen by the Director-General that the application for a petty patent is in compliance with Sections 65 decies and 17 and the claimed invention is protectible under Section 65 decies and 9, the Director-General shall order that the invention is to be registered and a petty patent granted to the applicant. The competent officer shall notify the applicant to pay for the fees for the grant of a petty patent and for the publication in accordance with the procedures and period of time prescribed in Sections 65 decies and 28 (2).

The petty patent shall be in the form prescribed by the Ministerial Regulations.

Section 65 sexies Within one year from the publication of the registration of the invention and the grant of a petty patent, any interested person may request the competent officer to examine whether or not the invention for which a petty patent has been granted satisfies the conditions under Section 65 bis.

After the receipt of the request under the first paragraph, the competent officer shall examine the application as to substance and submit the examination report to the Director-General.

When the Director-General has considered the examination report and thinks that the invention satisfies the conditions under Section 65 bis, he shall so inform the person requesting for the examination and the owner of the petty patent within fifteen days from the date of such decision.

In cases where the Director-General thinks that the invention does not satisfy the conditions under Section 65 bis, he shall order an examination of the case and notify the owner of the petty patent to submit a statement supporting his application within sixty days from the date of receipt of the order. The Director-General may summon any person to answer any question or to hand over to him any document or item. After the examination of the case if the Director-General thinks that the invention does not satisfy the conditions under Section 65 bis, he shall submit his report to the Board to cancel the petty patent and shall notify the person requesting for the examination and the owner of the petty patent within fifteen days from the date on which the order is made by the Board.

Section 65 septies A petty patent shall have a term of six years from the date of filing of the application in the country. The term shall not include the period during which the court proceedings are taken under Sections 65 decies and 16, 74 or 77 sexies.

The owner of a petty patent may request that the term of his petty patent be extended for two periods, each period shall be valid for two years, by submitting a request to the competent officer within ninety days before the expiry date. If the request is submitted within the said period, the petty patent shall be regarded as validly registered until it is otherwise ordered by the competent officer.

The request for extension of the term of a petty patent shall be in accordance with the rules and procedures prescribed by the Director-General.

Section 65 octies The owner of a petty patent shall have the right to use the word "Thai Petty Patent", its abbreviation or any foreign word of the same meaning on the product, the container or package of the product, or in the advertisement of the product.

The indication under the first paragraph shall be accompanied by the number of the petty patent.

Section 65 novies Any petty patent granted not in compliance with the provisions of Section 65 bis, 65 decies and Section 9, 10, 11 or 14, shall be invalid.

The invalidity of a petty patent under the first paragraph may be challenged by any person. A petition to cancel an invalid patent may be submitted to the court by any interested person or the public prosecutor.

Section 65 decies The provisions of Sections 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 19 bis, 20, 21, 22, 23, 25, 26, 27, 28, 35 bis, 36, 36 bis, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 47 bis, 48, 49, 50, 50 bis, 51, 52, 53, and 55 in Chapter II concerning patents for inventions shall apply, mutatis mutandis, to Chapter III bis concerning petty patents.

Part 6