Patent is a legal document used for a protection of invention and product design. The patent proprietor will be provided with an exclusive right to manufacture, use, sell, license and distribute the patented product in the country that the patent application is filed. Patents are provided with various protection from function to ornamental design including shape, pattern and color of the product.
However, to obtain this exclusive right, it is required to file an application for a patent in which its process includes a full disclosure of the matter to be patented. Without a patent, the product could not be commercialized effectively as the product owner is considered not protected by the Patent law.
The below inventions cannot be applied for patent protection in Thailand.
– Natural micro-organisms, any component of micro-organisms, plants or extracts from animals or plants
– Scientific and mathematical methods and theories
– Software (computer programs)
– Method of diagnosis, treatment, or cure for human and animal diseases
– Inventions that contradicts morals, public order and public health
Types of patents
In Thailand, there are 3 types of patents which are distinct from each other as stated below:
- Invention Patent
It is a patent, commonly used for protection of machine, procedure, method, that are considered innovations as the patentability requirements of this patent are novelty, inventive step and industrial applicability. It provides a protection for a period of 20 years.
- Petty Patent
It is also known as Utility Model, this type of patent is similar to invention patent but requires less requirement, only novelty and industrial applicability are sufficient for this patent. According to the patent law, for this type of patent, claims are limited to only 10 claims and its protection covers a period of 10 years.
- Design Patent
This patent is used for protection of design, aspect, pattern and shape of the product. This patent protects only the appearance not including function, procedure etc. The criterions for design patent are novelty and industrial applicability. It provides a protection for a period of 10 years.
Definition of each patentability criteria
1. Novelty
For this criterion, the invention is required to be new in a global level. The invention that is applied for a patent protection must not be disclosed or widely used in/outside the country before the date of filing the application, including the invention that is domestically and internationally granted or applied for patent more than 18 months before the date of filing this application.
2. Inventive step
For this criterion, the invention should provide an unexpected income. The income should be improved from the existing invention or technology and must not be obvious to a person skilled in that technical area.
3. Industrial Applicability
The invention, procedure or method that can be produced or utilized in the industry.
Remark:
- Patent provides territorial right which means it is limited to the geographical boundary of the relevant country or region of which it has been granted.
- After granting a patent certificate, the proprietor is required to pay a maintenance fee each year to keep the patent effective.