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Patent Act Section 46 — Compulsory licence for non-working
Patent Act (พระราชบัญญัติสิทธิบัตร) — Section 46.
Plain-English Summary
Three years after the grant or four years after the filing date (whichever ends later), another person may apply to the Director-General for a licence if the patentee is not exploiting the patent properly: (1) no production or use of the process in Thailand without good reason, or (2) no sale of the product, or sale at an excessive price or not meeting public demand in Thailand, without good reason. The applicant must show they tried to obtain a voluntary licence on adequate terms and failed within a reasonable time. Section 46 bis has been repealed.
Official Text
Official Thai text at the Royal Gazette / Office of the Council of State. Translation summary only.
Consult official sourceParent Statute
Patent Act
พระราชบัญญัติสิทธิบัตร · B.E. 2522 (1979)
The Patent Act B.E. 2522 (1979) governs invention patents, design patents, and petty patents (อนุสิทธิบัตร) in Thailand. The Minister of Commerce administers the Act (Section 4), and the Act's Director-General is the Director-General of the Department of Intellectual Property (DIP) (Section 3). The Patent Board hears appeals against the Director-General's orders, and a party may take a Board decision to the court (Sections 66, 72 and 74).
The summary above is a plain-English educational paraphrase of Section 46 of the Patent Act. It is not an authoritative translation. For the binding Thai text, consult the Royal Gazette or the Office of the Council of State. Educational use only — not a substitute for advice from a Thai-qualified lawyer.
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