Ministerial
Regulations No. 22 (B.E. 2542)
Issued
under the Patent Act B.E. 2522
..
By
virtue of the power granted under Sections 4, 24, 26, 27, 30 and 65 of
the Patent Act B.E. 2522 and Sections 28, 65 quarter, 65 quinquies and
65 decies of the Patent Act B.E. 2522 as amended by the Patent act (No.3)
B.E. 2542 and Section 44 of the Patent Act (No.3) B.E. 2542, the Minister
of Commerce hereby issues the Ministerial Regulations as follows:
Clause 1 The
following shall be repealed:
(1)
Ministerial Regulations No.3 (B.E. 2523) issued under the Patent Act B.E.
2522;
(2)
Ministerial Regulations No.16 (B.E. 2535) issued under the Patent Act
B.E. 2522.
Clause
2 In processing an application for a patent for an invention or a
petty patent to submit an examination report to the Director-General under
Section 28 or 65 quinquies, as the case may be, the competent officer
shall examine the application for a patent or petty patent as follows:
(1)
the request form, the description, the claims, the drawings (if any) and
the abstract comply with the Ministerial Regulations issued under section
17 or 65 decies and 17, as the case may be;
(2)
the invention is not unpatentable under Section 9 or 65 decies and 9,
as the case may be;
(3)
the applicant has the right to apply for a patent under Sections 10, 11,
14 or section 15 paragraph 1 or 2 or the right to apply for a petty patent
under Sections 65 decies and 10, 11, 14 or section 15 paragraph one or
two, as the case may be;
(4)
the applicant has the right to be granted a patent or petty patent under
Section 16 or 65 decies and 16, as the case may be;
(5)
the invention for which a patent or petty patent is applied is not the
same invention which a patent or petty patent was applied in the country
under Section 65 ter before the filing date, as the case may be;
(6)
the invention for which a petty patent is applied is so linked as to form
a single inventive concept.
Clause
3 In processing an application for a design patent to submit an examination
report to the Director-General under Sections 65 and 28, the competent
officer shall examine the application as follows:
(7)
the request form, the claim, the design representations, the description
and other items (if any) comply with the Ministerial Regulations issued
under section 59;
(8)
the design is not unpatentable under Section 58;
(9)
the applicant has the right to apply for a patent under Sections 65 and
10, 11, 14 or Section 15 paragraph one or two, as the case may be;
(10)
the applicant has the right to be granted a patent under Sections 65 and
16.
Clause
4 If it is found from the examination of the application for a patent
or petty patent, as the case may be, under Clause 2 that the applications
are not in compliance with the law or filed by more than one applicant,
the competent officer shall proceed as follows:
(1)
if the same invention has been applied or jointly applied for both a patent
and a petty patent, the applicant shall be notified that he is deemed
to have applied for a petty patent in accordance with Section 77 quinquies;
(2)
if the same invention was made by two or more persons separately and independently
and it has been applied for a patent by one applicant and applied for
a petty patent by another, all applicants shall be notified that the applicant
who is the first to file is to be entitled to a patent or petty patent,
as the case may be;
(3)
if the same invention was made by two or more persons separately and independently
and it has been applied for a patent by one applicant and applied for
a petty patent by another on the same date, all applicants shall be notified
to reach an agreement within ninety days following the receipt of the
notification.
The
notification under the first paragraph shall be in writing and sent by
acknowledgement mail or any other procedure prescribed by the Director-General.
Clause
5 Where it appears that the application for a patent or petty patent
does not comply with clause 2 (1) or 3 (1) or the invention is party unpatentable
under Section 9 or Sections 65 decies and 9, the competent officer shall
submit an examination report to the Director-General for requiring the
applicant to amend the application within the prescribed period.
Clause
6 Where it appears that the invention for which a patent or a petty
patent is applied as the case may be, is unpatentable under Section 9
or Section 65 decies and 9, or the design for which a patent is applied
is unpatentable under section 58, or the application for a patent or petty
patent does not comply with Clause 2 (3) or 3 (3), the competent officer
shall submit an examination report to the Director-General for rejecting
the application for a patent or petty patent.
Before
rejecting the application under the first paragraph, the Director-General
may instruct the applicant to answer any question or to amend the application
for a patent or petty patent.
Clause
7 Where a request for amendment is made by the applicant pursuant
to Clause 5 or 6 paragraph two or under the Ministerial Regulations issued
under Section 20 or Sections 65 and 20 or Section 65 decies and 20, as
the case may be, the competent officer shall examine such amendment whether
it complies with the requirement or the Ministerial Regulations.
Clause
8 Where it appears that the application for a petty patent does not
comply with Sections 65 decies and 18, the competent officer shall instruct
the applicant to separate the application into a number of applications
by amending the original application to relate to a single invention and
filing separate applications for the other inventions.
The
applications separated under the first paragraph shall comply with the
requirements for a normal application for a petty patent and shall not
enlarge the scope of the scope of the invention disclosed in the original
application. In such a case, the applicant shall not be required to submit
additional written evidence showing that he is entitled to apply for a
petty patent.
Clause
9 Where the Director-General finds, on the basis of the examination
report submitted by the competent officer, the application for a patent
or petty patent does not comply with the provisions of the law and reject
the application under Section 28 (1), Sections 65 and 28 (1), or Section
65 quinquies (1), as the case may be, the competent officer shall notify
the applicant of such decision and publish it by placing the decision
in an open area within the Department Intellectual Property, Ministry
of Commerce for at least thirty days.
The
publication of the decision referred to in the first paragraph shall indicate
at least the following particulars:
(1)
the number of the application and date of application;
(2)
the name of the applicant and the agent (if any);
(3)
the name of the inventor or creator, and the title of the invention or
design;
(4)
the reasons of the rejection.
The
notification under the first paragraph shall be in writing and sent by
acknowledgement mail or any other method prescribed by the Director-General.
Clause
10 In the case where the Director-General has, on the basis of the
examination report submitted by the competent officer, order the publication
of the application for a patent or the registration of an invention and
the grant of a petty patent under Section 28 (2), Sections 65 and 28 (2)
or Section 65 quinquies (2), as the case may be, when the applicant has
paid the fees within the prescribed period, the competent officer shall
publish the application or the registration of the invention and the grant
of the petty patent in the Patent Applications Publication Gazette or
the Registration of Inventions and Grants of Petty Patents Publication
Gazette, as the case may be.
The
publication under the first paragraph shall indicate at least the following
particulars:
(1)
the number of the application and date of application;
(2)
the name of the applicant and the agent (if any);
(3)
the name of the inventor or creator, and the title of the invention or
design;
(4)
the date of publication;
(5)
other particulars as the Director-General deems appropriate.
Clause
11 Where an application has been published in accordance with Section
28 (2) or Sections 65 and 28 (2) and the applicant has filed a request
for examination pursuant to Section 29 or there is an opposition that
the invention or design claimed in the application does not comply with
the provisions of Section 5 or 56 or where a request for examination of
the invention for which a petty patent is applied under Section 65 sexies,
the competent officer shall examine the application as to substance as
follows:
(1)
whether the subject matter of the invention or design claimed in the application
was disclosed or described in any document or printed matter forming part
of the documentation collected for the purpose of examining patent applications;
(2)
whether the subject matter of the invention claimed in the application
was that was applied for a patent or petty patent in the country and in
a foreign country and was published before the application was filed in
the country.
The
Director-General may, where he deems appropriate, require the competent
officer to examine whether the claimed invention satisfies the conditions
set forth in Section 5, 56 or 65 bis other than those specified in (1)
and 2.
Clause
12 After the publication of the application under Clause 10, the competent
officer shall examine whether or not the application is seeking protection
for several inventions or designs, which does not comply with the provisions
of Section 18 or 60. In this case, the provisions of Clause 8 shall apply
mutatis mutandis.
Clause
13 In the case where the applicant has applied for a patent for the
claimed invention in a foreign country, the applicant, when he has received
the examination report or any document showing the result of the examination,
shall submit such report or document together with its translation in
Thai within ninety days from the date of receipt of such report or document.
If
the applicant has applied for patent in two foreign countries or more,
he shall submit the examination report or document issued by the first
country he filed his application or the country prescribed by the Director-General.
The
examination report or document showing the result of the examination shall
indicate the office or organization issuing such report or document, the
name of the applicant, the filing date of the application, the symbol
of the International Patent Classification which has been allocated to
the application, the field of art in which the application has been examined
and relevant documents showing the prior art and which should be considered,
and shall also specify whether the claimed invention satisfies the requirements
prescribed by the law of that country or not, whether the description
complies with the law of that country or not, whether protection under
the law of that country should be granted to the claims or not, and state
the reasons of the decision.
The
documents under the first and second paragraphs shall be filed with or
sent by 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.
Where
the examination report or document showing the result of the examination
does not comply with paragraph 3 of this Clause, the Director-General
may, of requested by the applicant, allow the applicant to submit such
a report or document.
Clause
14 Where the applicant wants to convert his application from an application
for a patent to an application for a petty patent or from an application
for a petty patent to an application for a patent, as the case may be,
the applicant shall submit an application for such conversion in the form
as prescribed by the Director-General to the competent officer or send
the application by 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.
The
application for conversion under the first paragraph shall consist of
the documents forming the application for a patent or petty patent prescribed
by the Ministerial Regulations issued under Section 17 or Sections 65
decies and 17, as the case may be.
The
applicant for conversion under the first paragraph shall not be entitled
to refund an excess amount of the fees already paid.
Clause
15 The application for invention patents filed before the entry into
force of these Ministerial Regulations upon which the Director-General
has not made his order under Section 33 or 34 shall be processed in accordance
with these Ministerial Regulations.
Clause
16 The applications for invention patents filed before the entry onto
force of the Patent Act (No.3) B.E. 2542 proposed to be converted to the
other type of application shall comply with Clause 10 of these Ministerial
Regulations.
Given on
September 24, 1999
(sign) Paitoon
Kaewtong
(Mr.Paitoon
Kaewtong)
Deputy Minister
of Commerce
Acting for
the Minister of Commerce
(Government
Seal)
PI/200-B
Patent
for Invention
By
virtue of the power granted under the Patent Act B.E. 2522, the Director-General
of the Department of Intellectual Property issues this Patent to:
………………………………………………..
………………………………………………..
………………………………………………..
for
the invention of which the description, claims, and drawings (if any)
are herein contained:
Application Number ……………………………………………………
The Filing Date of the Application ……………………………………
The Name of the Inventor ……………………………………………..
The Title of the Invention ………………………………………………
The
patentee shall have all the rights and obligations under the Law on Patents.
Issuance
Date …………………………
Expiry
Date …………………………
(Signed)
…………………………
Director-General,
Department of Intellectual Property
Issuing
Officer
SEAL
Competent
Officer …………………
(Government
Seal)
PD/200-B
Patent
for Design
By
virtue of the power granted under the Patent Act B.E. 2522, the Director-General
of the Department of Intellectual Property issues this Patent to:
………………………………………………..
………………………………………………..
………………………………………………..
for
the product design of which the claim and design representations are herein
contained:
Application Number ……………………………………………………
The Filing Date of the Application ……………………………………
The Name of the Creator ………………………………………………
The Title of the Design …………………………………………………
The
patentee shall have all the rights and obligations under the Law on Patents.
Issuance
Date …………………………
Expiry
Date …………………………
(Signed)
…………………………
Director-General,
Department of Intellectual Property
Issuing
Officer
SEAL
Competent
Officer …………………
(Government
Seal)
PP/200-B
Petty
Patent
By
virtue of the power granted under the Patent Act B.E. 2522 as amended
by the Patent Act (No.3) B.E. 2542, the Director-General of the Department
of Intellectual Property issues this Petty Patent to:
………………………………………………..
………………………………………………..
………………………………………………..
for
the invention of which the description, claims, and drawings (if any)
are herein contained:
Application Number ……………………………………………………
The Filing Date of the Application ……………………………………
The Name of the Inventor ……………………………………………..
The Title of the Invention ………………………………………………
The
owner of this petty patent shall have all the rights and obligations under
the Law on Patents.
Issuance
Date …………………………
Expiry
Date …………………………
(Signed)
…………………………
Director-General,
Department of Intellectual Property
Issuing
Officer
SEAL
Competent
Officer …………………
Part
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