While a patent is in the pending application stage, no renewal fees are due. Once a patent is granted in Thailand, you are obliged to pay a recurring renewal fee to the Department of Industrial Property (DIP) of Thailand to maintain the patent.The first renewal fee will be due annually starting from the fourth anniversary of the patent’s filing date (Year 5) upon the grant of the patent.
For example, if the filing date of a patent is 2015-01-15, and the grant date of the patent is 2018-12-15, you will only have to settle the first renewal fee on the fourth anniversary (Year 5) of the patent’s filing date on 2019-01-15. The next annuity will be due on 2020-01-5 (from the anniversary of filing date). Years 1, 2, 3, and 4 are exempted from the payment of renewal fees.
In the event that the patent is granted more than five years after the date of filing, you will have to settle the renewal fees within 2 months from the grant of the patent.
For example, if the filing date of a patent is 2015-01-15 with the fourth anniversary of the filing date on 2019-01-15, and the grant date of the patent is 2019-12-15, you will have to settle the first renewal fee for Year 5 within 2 months from the grant of the patent on 2020-02-15. The next annuity for Year 6 will be due on 2020-01-15 (on the anniversary of filing date). Years 1, 2, 3, and 4 are exempted from the payment of renewal fees. The next annuity will be due for renewal on 2021-01-15.
In Thailand, there are other types of intellectual property apart from patents. At PatentRenewal.com, we have all of the necessary tools and procedures to ensure that both types can be renewed through us.
Intellectual Property Type #1 - Petty Patents in Thailand
A petty patent right in Thailand is valid for 6 years from the filing date and can be extended twice for 2 years each (i.e., a maximum term of 10 years). A utility model right can be extended by paying renewal fees. The renewal fees for a utility model right is paid for a five year period starting from the anniversary of its filing date upon its grant.
Intellectual Property Type #2 - Designs in Thailand
The duration of a design right is valid for a total term of 10 years from the date of filing. A design right can be maintained by paying renewal fees. The first renewal fee will be due annually starting from the fourth anniversary of the design’s filing date (Year 5) until Year 10.
Starting from the 4th anniversary of the filing date, patent renewal fees need to be paid annually to maintain a granted patent. For further clarification, please refer to the cost breakdown below.
The first renewal fee is paid after they have granted the patent in Thailand. The first renewal of a granted patent is due on the fourth anniversary of the patent’s filing date. The renewal fee is intended to maintain the patent in force for the upcoming 5th year.
For example, if the filing date of a patent is 2015.01.15, and the grant date of the patent is 2018.12.15, you will only have to settle the first renewal fee on the fourth anniversary (Year 5) of the patent’s filing date on 2019.01.15. The next annuity will be due on 2020.01.15 (from the anniversary of filing date). Years 1, 2, 3 and 4 are exempted from the payment of renewal fees.
The renewal fees can be paid anytime before the payment due date.
Yes, it is possible to renew a patent in Thailand after its deadline. There is a 6-month grace period given, whereby the renewal fees can still be settled. When entering this grace period, there is no penalty fee for the first 2 months. However, for the next 4 months you will incur a penalty fee of 30% in addition to the regular annual renewal fee for the corresponding year. Failure to pay this fee during the grace period will result in the patent lapsing.
You can either appoint a registered patent agent with the Department of Intellectual Property (DIP) of Thailand. Alternatively, one can also send renewal fees if one has a domicile/head office in Thailand or have real business operations in Thailand.
In order to maintain a patent in Thailand, renewal fees need to be settled annually with the DPI. By settling the renewal fees, the patent is guaranteed to last for a maximum of 20 years from the filing date. If you want to maintain the patent, the renewal fees are mandatory, if not paid the patent will lapse.
For more information on the renewal process in Thailand, you can visit the link to their official website. You can also search for patents here.
You can get in touch with the Department of Intellectual Property (DIP) of Thailand via email or phone:
Phone: +(66) 2 547 46 21
Email: thosapone.d@ipthailand.go.th
