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COUNTRY : KINGDOM OF THAILAND
CAPITAL : BANGKOK
LANGUAGE : THAI
The IP office of Thailand is known as Department of Intellectual Property ‘DIP’ administered by Ministry of Commerce.
INTERNATIONAL TREATIES TO WHICH THAILAND IS SIGNATORY
- Paris Convention for the protection of Industrial Property
- Patent Co-operation Treaty “PCT”.
- Agreement on Trade Related Aspects of Intellectual Property Rights “TRIPS”.
PATENT LEGISLATION IN THAILAND:
The Thai legal system follows the Civil Law model.
Patents in Thailand are governed by: the Patents Act No. 3 B.E. 2542 (1999). Patents are granted by Thai Patent Office.
BASICS REGARDING PATENTABILITY OF INVENTIONS IN THAILAND:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of filing for the patent application nationally or internationally by means of its description, use or any other method by which it may be known or utilised by experts in the field.
(ii). Inventive Step: is, given the prevailing state of the art, it is not obvious to an expert in that field. An invention is considered “obvious” when it is within the grasp of a skilled person in that field of expertise & therefore to be expected from him.
(iii). Industrial Application: of the invention would be “when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture”
INVENTIONS NOT PATENTABLE IN THAILAND:
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations.
- Substances already existing in nature and nuclear materials.
- Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers. • Inventions contrary to public order & morals
- Methods of treatment, cure, diagnosis by surgery or therapy on humans and animals.
- Prejudicial to the Interest or Security of the Nation.
PartityPatents through it’s associate Law Firms in Thailand, is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN THAILAND:
- A formal request for the grant of a patent of invention .
- The name and address or head office of the applicant or his representative.
- Short adequate Title of the Invention to be patented.
- Summary of the invention and Priority data if any.
- Description of the invention along with drawings if any.
- Claims along with Abstract
- Drawings necessary to understand the invention.
- PoA duly notarised
EXAMINATION OF THE PATENT APPLICATION IN THAILAND:
- Upon receipt of the patent application, it is formally examined and scrutinise to check its compliance with all the requisites.
- Applicant to appear in person to answer any question, handover documents as directed by the authorities.
- Applicant failing to comply with directions by the authorities will render the application as abandoned.
- Applicant to request substantive examination within Five yrs., else application deemed abandoned.
- Application is published if in compliance with all requisites. Interested third parties may then file objections.
- Application in compliance with a lll requisites and no opposition, objections forth coming, patent granted.
RIGHTS OF THE PATENTEE IN THAILAND:
Patents with a term of 20 yrs.
Utility Models with a term of 6 yrs.
- Patents confer on holders and successors exclusive rights to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties as to import, rent out, deliver or sell the product patent .
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign, lease or licence the patent.
- Patentee is entitled to take legal action against infringers.
COMPULSORY LICENCES OF PATENTS IN THAILAND:
- Any time after expiry of three years from the grant of a patent or four years from the date of application, compulsory licence may be granted.
- If the working of any claim in a patent is likely to constitute an infringement of a claim in a patent of any other person, the patentee, desiring to exploit his/her own patent, may apply to the Director-General for a license under the patent of the other person under the following criteria:
- The invention of the applicant involves an important technical advance of considerable economic significance in relation to the invention for which the license is applied, the patentee shall be entitled to a cross-license on reasonable terms;
- When patented products are not sold in the domestic market, sold at unreasonably high prices, do not meet public demand without legitimate reasons.
- Patentee does not grant licence to interested third parties or imposes unreasonable restrictions, conditions.
ParityPatents through its specialist Patent Lawyers and Patent Attorneys in Thailand can comprehensively assist you with Compulsory Licence matters.