Patent Registration in Thailand

 

Patent Registration in Thailand 

Patent law is the classic example of an intellectual property regime modeled on the utilitarian framework. Patent law offers the possibility of a limited period of exclusive rights to encourage research and development aimed at discovering new processes, machines, and compositions of matter, and improvements thereof. The public benefits directly through the spur to innovation and disclosure of new technology. After the term of the patent expires, the innovation becomes part of the public domain, freely available to all.

To obtain a patent, an inventor must submit an application to the Department of Intellectual Property (DIP) that meets three requirements: novelty, non-obviousness, and usefulness. While the threshold for usefulness is low, the novelty and non-obviousness standards are substantial, and the DIP conducts an independent review of the application to ensure that it meets these requirements. If the DIP grants the patent, the inventor obtains exclusive rights to make, use, and sell the innovation for a term of up to 20 years. The patent grant is nearly absolute, barring even those who independently develop the invention from practicing its art. Infringement will be found where the accused device, composition, or process embodies all of the elements of a valid patent claim (or accomplishes substantially the same function in substantially the same way to achieve the same result).

The DIP also issues utility model and design patents for ornamental designs for articles of manufacture. Design patents have a term of 10 years and 6 years with twice renewal (each for 2 years) for utility model.

The natural organism or plant/animal extract, scientific method and theory, computer programs, method of diagnosis/treatment and invention contrary to public order/good morals are not patentable in Thailand.