You are an aspiring inventor and you’ve invented something you believe would change the lives of many for the better. You also believe your invention will be a hit in the market, and you can’t wait to introduce this new idea to the market.
However, you are filled with doubt and fear of your invention being misused, blatantly copied or taken advantage of by parties who would jump at any opportunity to make quick cash. This makes you think twice about disclosing your idea to the public and perhaps let your idea fade.
So what can you do in this kind of situation? Simple, you file a Patent for your idea.
However, do you know what goes into a Patent Application process?
Here are some of the 5 most common misconceptions about obtaining Patents in Thailand.
1. If no one else has patented my idea, then I’m likely to receive a patent.
Many ideas are not patentable because the idea has been around for so long that no relevant patents can be found, the idea may be common knowledge, or the idea simply isn’t considered useful by the Patent Office. In addition, not all ideas or inventions can be patented.
In order to be eligible for a Patent in Thailand, your invention must meet three criteria, them being new or novel, non-obvious or inventive, and capable of industrial application. A minor Patent, also known as a Petty Patent, is a type of Patent that requires only that the invention be new and capable of industrial application; the invention does not need to meet the non-obvious requirement.
2. Once you have a patent, it can’t be challenged.
Consider this: You have developed a radical process that will change the way people go about their lives. You applied for a Patent in Thailand and, after waiting for almost 4 years, it is finally granted. You safely assume that you are in the clear and your product is safe.
Little did you know, someone else has been infringing your Patent few years down the line. Since your patent was granted years ago, you decide to sue because you know you have the right to do so. This third-party decides to counter sue you under the pretence that your original patent was not valid and there is no infringement.
This is then brought to court and you are informed that your brilliant idea and radical process was NOT new after all. The judge then establishes that your patent should then be revoked and dismisses your infringement lawsuit against said third-party.
3. We have filed an international patent application, so we will have worldwide patent protection.
If you wish to file in Thailand but you are not a resident of the country, you may opt for a direct national application or an international Patent application, which is known to many as the Patent Cooperation Treaty (“PCT”). However, applying through the PCT does not automatically lead to patent protection to every country. Instead, you must file further papers in each jurisdiction in which patent protection is desired. It must then comply with each individual country’s patent application process and rules.
Thailand has been a member of the PCT since 24 December 2009. This means that an applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Thailand within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.
4. Once patented, it will be protected forever.
As an investor, it is your priority to protect your invention, but it is more important to be very vigilant in keeping aware of the expiration date of the protection because your invention cannot be protected forever and there is a fixed duration for protection.
Patents filed in Thailand are protected for maximum 20 years from the earliest priority date. A Petty Patent will enjoy up to 10 years of protection from the earliest priority date.
5. There’s no need to seek professional help to get a patent.
After working through each of the previous four misconceptions about patents in Thailand, the final one may not come as a surprise. You are looking to file a Patent Application in Thailand because you want your intellectual asset to be protected there. Therefore, it should be noted that you have to be as detailed and thorough as possible throughout the application process so that nothing is overlooked as this may cause your application to be rejected or nullified in the future.
Trust Pintas with filing your patents in Thailand
The Pintas team is trained to assist you from the early stages of your Patent Application in Thailand up until the very end.
With a large team of drafters ranging from various educational backgrounds and tight management of Patent deadlines by the procedural team, Pintas will be able to assist you with a worry-free Patent Application process.
Filing a patent in Thailand may be a confusing process that takes a lot of time, effort, and money.
However, you’ll be able to give yourself – and your amazing invention – the best chance at actually changing lives for the better if you work with professional IP consultants who have the experience and knowledge to efficiently bring your patent application to a favorable outcome.
Please get in touch with Pintas for a free consultation today!
IP Registration – Protection of Patents in Thailand (ananda-ip.com)
Thailand – from filing to grant – FPA Patent Attorneys (fpapatents.com)
Patents Comparative Guide – Intellectual Property – Thailand (mondaq.com)