What is Patent?
Patent is an important document that the Government Office issues to grant protection for an invention or a design. Patents are a form of intellectual property.
An invention is any innovation which creates a new, or improves a known, product or process.
A design is any form or composition of lines or colors which gives a special appearance to a product and can serve as a pattern for a product of industry or handicraft.
What types of Patents does Thailand recognize?
You may register Patent for Invention, Design Patent and Petty Patent.
Patent for Invention is the protection of feature, improvement and components of product or process.
Design Patent is for creativity protection concerning features pertaining to the shape, color, configuration or pattern of an item.
Petty Patent is for new product or process, improvement with moderate technological development or low level of innovation with some more utilization.
Is Patent registration compulsory?
Thailand does not officially require Patent registration. However, there are many benefits that you can consider.
What are the advantages of registering Patents?
Registering Patent provides greater legal protection against infringement. It protects the inventions and designs and solely grants the patent owner the rights to produce and distribute such product for a limited time.
When you register a patent, it deters others from using the same production idea. The registered patent will appear in patent search system. This will likely discourage others from proceeding to register similar Patent.
Once registered, it provides the patent owner with greater remedies. It increases the likelihood of the successful filing of a dispute resolution case from an infringer.
How can an invention be eligible for Patent registration?
Patent applications are eligible for registration if they satisfy the following conditions;
the invention is new;
it involves an inventive step; and
the invention is industrially applicable.
The patent must not consist any of the following characteristics mentioned in Section 9 of the Thailand Patent Act B.E. 2522 as they are not protected under this Act:
naturally occurring microorganisms and their components, animals, plants or extracts from animals or plants;
scientific or mathematical rules or theories;
methods of diagnosis, treatment or cure of human and animal diseases; and
inventions contrary to public order, morality, health or welfare.
It is especially relevant that the applicant or his agent have an office or address in Thailand for communication by the Registrar.
What type of design can you not register under Thai law?
According to Section 57 and 58 of the Thailand Patent Act B.E. 2522, you cannot register Design Patent for a design having or consisting of any of the following characteristics:
a design which has existed or has been widely used in the Kingdom before the date of filing a patent application;
a design whose image, substantial part or detailed description has previously been disclosed in a document or printed publication, whether inside or outside the Kingdom, before the date of filing a patent application;
a design which has previously been published under section 65 in conjunction with section 28 before the date of filing a patent application;
a design similar to any design mentioned in subsections (1), (2) or (3) which can be seen as an imitation;
a design which is contrary to public order or good morals;
a design which is prescribed by the Ministerial Regulations.
How long is a Patent protection valid?
The registered patent solely entitles the patent owner the right to produce and distribute such product for a limited time.
20 years from the application-filing date for Patent for Invention
10 years the from application-filing date for Design Patent
6 years from the application-filing date for Petty Patent