CHAPTER IV BOARD OF PATENTS

Section 66⁽¹⁾ There shall be a "Board of patents" composed of the Under-Secretary of State for Commerce as Chairman, and not more than twelve qualified members in the fields of science, engineering, industry, industrial design, agriculture, pharmacy, economics and law appointed by the Cabinet. At least six qualified members shall be from the private sector.

The Board may appoint any person to act as Secretary and as Assistant Secretary.

Section 67 The members of the Board appointed by the Cabinet shall hold office for a term of two years.

When a member of the Board vacated his offices before the expiration in the term of office or more members are appointed by the Cabinet where the term of office of the existing appointed members has not expired, the newly appointed members shall remain in office only for the term of office of the incumbent.

A member whose term of office has expired may be reappointed by the Cabinet.

Section 68 A member appointed by the Cabinet vacates his office upon:-

     (1) death;

     (2) resignation;

     (3) being discharged by the Cabinet;

     (4) becoming bankrupt;

     (5) becoming an incompetent or a quasi-incompetent person; or

     (6) being imprisoned under a final judgement, except for a petty offense or an offense committed through negligence.

Section 69 At every meeting of the Board, there must be in attendance of not less than one half of the total number in order to constitute a quorum. If the chairman is absent from any meeting, the Board shall elect one of its members to preside over the meeting.

Any decision of the meeting shall be taken by a majority of votes.
In voting, each member shall have one vote. In case of equality of votes, the presiding chairman shall have one additional vote as the casing vote.

Section 70⁽¹⁾ The Board shall have the following powers and duties:-

     (1) to give advice or consultation to the Minister in issuing the Royal Decrees and Ministerial Regulations under this Act;

     (2) to decide any appeal made against any order or decision of the Director-General on patents or petty patents under sections 41, 45, 49, 50, 55, 65 sexies or Section 65 decies and Section 72;

     (3) to act on other matters as stipulated in this Act;

     (4) to consider any other matter on patents or petty patents as assigned by the Minister.

Section 71 The Board shall have the power to appoint subcommittees to consider and advise the Board. The provisions of Section 69 shall apply, mutatis mutandis, to the meeting of subcommittees.

Section 72⁽¹⁾ Where an order or a decision is made by the Director-General under Sections 12, 15, 28, 30, 34, 49, 50 or Section 61, or Section 65 and Sections 12, 15, 28, 33, or 34 and Section 65 quinquis or 65 sexies or 65 decies and Section 12, 15, 49 or 50, any interested person under the said Section may make an appeal to the Board within sixty days following the receipt of such order or decision. If he fails to do so within such period, the order or decision of the Director-General shall be final.

An appeal under the preceding paragraph must be submitted to the competent officer. If there are two parties, a copy of the appeal must be sent to the other party.

Section 73⁽²⁾ In considering an appeal against the order or decision of the Director-General or a report of the Director-General made under Section 55 or 65 sexies or a report of the Director-General under Section 43 or 65 decies and Section 43 suggesting a cancellation of patent or a petty patent, the Board may require the opposing party, the applicant, the patentee, the owner of a petty patent, the applicant for examination of a petty patent, or the licensee, as the case may be, to submit any evidence or additional statement in accordance with the rules prescribed by the Board.

Section 74⁽³⁾ Where a decision or an order is made by the Board under Section 41, 43, 49, 50, 55 or 65 sexies, 65 decies and Section 41, 43, 49, 50, 55 or 72, the appellant and the other party, the patentee, the owner of a petty patent or the licensee, as the case may be, shall be notified of such decision or order. Any party dissatisfied with the decision or order may appeal to the Court within sixty days from the receipt of such notification. If he fails to do so, the decision of the Board shall be final.

In considering or giving a judgement under this Act, the Court shall not order the Board or the Director-General to pay for any fee on behalf of the other party.

CHAPTER V MISCELLANEOUS

Section 75⁽¹⁾ No person without the rights under this Act shall use the words "Thai Patent", "Thai Petty Patent" or its abbreviation or foreign words of the same meaning on any product, container or package of a product or in advertising any invention or design.

Section 76⁽²⁾ No person except a person who has filed an application for a patent or a petty patent that is pending, shall use the words "Patent Pending", "Petty Patent Pending" or any other word of a same meaning on any product, container or package of a product or in advertising any invention or design.

Section 77⁽³⁾ In a civil case in respect of the infringement of the rights of the owner of the owner of a patent or petty patent where the subject matter of the patent or petty patent is a process for obtaining a product, if the owner of the patent or petty patent can prove that the defendant's product is identical or similar to the product obtained by the process under the patent or petty patent, it shall be presumed that the defendant has used the process under the patent or petty patent unless the defendant can prove otherwise.

Section 77 bis⁽⁴⁾ In case there is clear evidence that any person is committing or about to commit any act in infringement of the rights of the owner of a patent or petty patent under Section 36, 63 or Sections 65 decies and 36, the owner of the patent or petty patent may request the court to order the person to stop or refrain from committing such infringement. The order of the court shall not deprive the owner of the patent or petty patent to claim damages under Section 77 ter.

Section 77 ter⁽¹⁾ In case of an infringement of the rights of the owner of a patent or petty patent under Section 36, 63 or Sections 65 decies and 36, the court shall have the power to order the infringer to pay the owner of the patent or petty patent damages in an amount deemed appropriate by the court, taking into consideration the gravity of the injury including the loss of benefits and expenses necessary to enforce the rights of the owner of the patent or petty patent.

Section 77 quarter⁽²⁾ All goods in the possession of the infringer which infringe the rights of the owner of a patent or petty patent under Section 36, 63 or Sections 65 decies and 36 shall be confiscated. If the court thinks fit, it may order the destruction of the goods or other measures to prevent further distribution of the goods.

Section 77 quinquies⁽³⁾ Any person who applies and jointly applies for both a patent and a petty patent for the same invention not in compliance with Section 65 ter shall be deemed to have applied for a petty patent.

Section 77 sexies⁽⁴⁾ If two or more persons have separately or independently made the same invention and one of them has made an application for a patent while the other person has applied for a petty patent:

     (1) the applicant who is the first to file for a patent or petty patent shall be entitled to a patent or petty patent;

     (2) if the applications for a patent and petty patent have been filed on the same date, the competent officer shall notify the applicants to agree whether the grant should be made to one of them or all of them jointly and whether it should be an application for a patent or petty patent. If no agreement is reached within the period prescribed by the Director-General, they may bring the case to the Court within ninety days to do so within such period, they shall be deemed to have abandoned their applications.

Section 77 septies⁽¹⁾ Within ninety days following the date of publication under Section 28 or the date of publication of the registration of an invention and the grant of a petty patent for any invention, the applicant for a petty patent, the owner of a petty patent, the applicant for a patent or the patentee who thinks that the registration of the invention and the grant of the patent or petty patent may not be in conformity with the provisions of Section 65 ter for the reason that the invention is the same invention belonging to him and he has applied for a petty patent or a patent on the same date on which such application for a patent or a patent was filed may request the competent officer to examine whether or not such application for a patent or a petty patent is in compliance with the provisions of Section 65 ter.

After the receipt of the request under the first paragraph, the competent officer shall make the examination and submit his examination report to the Director-general.
When the Director-General has considered the examination report under the second paragraph and sees that the registration of the invention and the grant of a patent or a petty patent is not in compliance with the provisions of Section 65 ter due to the fact that it is the same invention and the application for a patent or a petty patent was filed on the same date with the date of application of the person requesting for the examination, the Director-General shall notify the applicant for a patent or the owner of the petty patent and the person requesting for the examination to agree on the person who would solely have the rights in the invention or they would jointly hold the rights. If no agreement is reached within the period prescribed by the Director-General, they shall be regarded as jointly holding the rights in the invention.

Section 77 octies⁽¹⁾ Any patent or petty patent granted not in compliance with the provisions of Section 65 ter shall be invalid.

The invalidity under the first paragraph may be challenged by any person.

If the registration of an invention and the grant of a patent or petty patent is not in compliance with the provisions of Section 65 ter and the application for a patent and a petty patent for the invention were filed on the same date, the patentee, the owner of the petty patent, any other interested person or the public prosecutor may request the Director-General to notify the patentee and the owner of the petty patent to agree that the invention is to be the subject of either a patent or a petty patent. If no agreement is reached within the period prescribed by the Director-General, the patentee and the owner of the petty patent shall be regarded as the joint owners and the invention is the subject of a petty patent.

Section 78⁽²⁾ The owner of a patent, a petty patent or a licensing certificate may apply for a substitute thereof in accordance with the requirements and procedures as prescribed in the Ministerial Regulations if the patent, petty patent or certificate is lost or substantially damaged.

Section 79 All applications, oppositions, answers to oppositions and appeals made under this Act shall be in the forms and in the required number of copies as prescribed by Director-General.

Section 80⁽³⁾ A fee as prescribed by the Ministerial Regulations shall be paid for each application for a patent, an application for a petty patent, the publication of an application for a patent, request for examination of patent, opposition to the grant of a patent, patent, application for the registration of a license contract, application for the assignment of a patent, or petty patent, application for conversion of a patent or a petty patent, application for the extension of the term of a petty patent, application for an entry to be made in a patent or petty patent that any person may apply for a license under the patent or petty patent, application for a license, a licensing certificate, appeal against an order or a decision of the Director-General, duplicate of a patent or a patent or a licensing certificate, any other request or application and the making or a copy of any document and certification of any document.

Part 7