Thus, small patents can protect their new inventions for up to 10 years (non-renewable). Decorative or aesthetic aspects of patented design articles, including features related to shape, configuration or pattern, can also be patented and protected for 10 years (non-renewable).
The following are not eligible for protection in Thailand:
|➤ Microorganisms that are found in nature or any substance extracted from animals or plants|
|➤ Scientific or mathematical rules and theories|
|➤ Computer programs (protected by copyright)|
|➤ Diagnostic, treatment or remedy process used to cure human or animal diseases|
|➤ Inventions, contrary to public order or good morals, public health, or well-being|
Your invention must meet several conditions to apply:
|➤ Provide solutions to technical problems (technical standards)|
|➤ Provide new solutions (new rule)|
|➤ Lead to industrial applications|
|➤ Be creative (standard of creativity)|
In practice, the invention does not have to be obvious to an innovation-minded scientist.
As a patent gives its holder a monopoly on the manufacture, sale and use of inventions, the conditions for obtaining protection can be complicated, especially for inventions. To obtain a patent, the invention must be new, industrially applicable and not obvious.
The applicant must provide the following supporting documents:
|➤ Application form 001-Kor 2.2|
|➤ Name of the invention|
|➤ Technical field|
|➤ Summary of the invention|
|➤ Nature and object of the invention|
|➤ The disclosure|
|➤ Description of the drawings (if applicable)|
|➤ The best mode for carrying out the present invention|
No, your patent will only be protected on national territory. If you want to export your products or services abroad, you will have to adapt your protection. To do this, you can either file a national application in the country or countries you are targeting, or create a Community application, or file an international application.
1. Priority search: make sure that your invention is not already protected by a patent held by a third party. A lawyer can carry out this search.
2. Patent filing procedure: the formality can be done online. A lawyer must assist you. The filing procedure can take up to more than two years.
The application must then contain an abstract, a title, drawings supporting the description (if any) and claims. The claims must be clear and concise in order to identify the patentee’s exclusive rights in the invention. All of this information must be submitted in Thai to the Intellectual Property Department. The Thai translation of the corresponding foreign application (if any) is therefore crucial. Below is a simplified overview of the procedure for registering a national patent for an invention in Thailand.
3. Registration procedure: (national application – simplified) It is common for applications for inventions, especially applications without corresponding foreign use, to be examined within a period of about ten years. This is due to the backlog of pending applications in Thailand. The suspension of patents is a major concern in Thailand. While it will not discourage owners from filing applications in Thailand, it must be considered for enforcement reasons. Indeed, only granted applications could be enforced.
No. It is not possible for a simple idea because the criterion of industrial application will not be met. The application will therefore be refused by the Thai Intellectual Property Department. It is also impossible to file a patent for a concept.
The term is up to 20 years from the date of filing.
For your patent to be valid, the owner must pay royalties to the Thai Intellectual Property Department for the entire period of protection. Once this period has elapsed, the patented invention falls into the public domain: it is no longer protected and anyone can use it.