With the onset of technology, businesses are coming up with various new products and services. Even though markets everywhere are becoming saturated with intense competitions, new inventions are disrupting markets every now and then. It is this very reason to get a patent for your invention so that you can secure and protect your intellectual property.
Let us understand the patent registration process in Thailand in depth.
For patents, Thailand follows a first-to-file system. If you fail to register for a patent and someone else invents a similar or identical invention and obtains a patent for it, you might not be the owner of your intellectual property anymore. This is why it is important to obtain a patent as soon as possible. To register a patent in Thailand, the applicant can file an application online through the Department of Intellectual Property (DIP).
There are different types of patents in Thailand, which include utility patent, design patent, and invention patent. You must follow these requirements before obtaining a patent.
The development/invention is patentable topic: Businesses wish to get various inventions patented but it is important to note that not everything can be patented. Patentable inventions include toys, machines, apparatuses, clinical gadgets, drug drugs, new assembling measures or mechanical techniques, programming, business strategies, organic material.
Novelty: If what you plan to patent is already available in the market, it is not eligible for a patent. Every single invention needs to be completely new in the public domain.
Utility: Regardless of the invention, if it is not practical enough to be used by the public or the industry, it will fail the utility factor.
There are various inventions that are not qualified for a patent, and these include numerical calculations or models, mental ideas or cycles, imaginative manifestations, plans, standards or speculations.
There are three types of patents:
Patents for invention can be filed in Thailand through two systems:
A national application (first filing in Thailand or within 12 months of a priority application filed in another country); or an application under the Patent Cooperation Treaty (PCT) system.
Before filing an application, searching for already registered patents is always important. If you do not conduct a thorough search, you might not know if your invention is already patented or not. You can also understand the reasons of patent applications getting rejected. It is recommended to use a patent search service by an attorney or agent if you are inexperienced.
To file for a patent application in Thailand, the application and all of its content have to be in Thai language. If the application is filed in any other language other than Thai, then a translation must be provided along with the application. If the application is missing any information that is required by the patent office, the office will send a notice to the applicant to complete the application. If all the information is not provided on time, the application will be abandoned. The applicant is given 90 days to submit everything and if it exceeds that, additional charges have to be paid.
The application must contain:
After the application is recorded, the candidate needs to demand for assessment. The application goes through formal and meaningful assessment where the examiner takes a look at the application for archives, exactness, and culmination. Identical and similar patents are also checked.
In case there is any issue with the application or if the examiner needs extra documentation, a notification is given to the candidate which must be responded to in due time. Neglecting to react will leave the application abandoned.
The substantive examination takes place after the publication. (When requested)
If the application gets accepted and there are no objections, it gets published within 12 months of filing. It is usually published for 90 days during which it can be challenged by anyone.
The application can be challenged by any interested party within 90 days of publication. If an opposition is filed, the applicant is given time to respond accordingly. If the applicant fails to respond, the application may be abandoned.
If all the oppositions and objections are responded to accordingly and the decisions are in the favor of the applicant, the patent is granted, subject to registration fee.
The entire patent process takes around 20-40 months but if there are legalities involved, the process can take longer.
The cost may vary depending on how complex your invention is. The cost of obtaining a patent in Thailand ranges from $250 to $1000, but can increase or decrease accordingly.
Patents in Thailand last for 20 years, but after the 5th year of registration, a maintenance fee has to be paid which is known as royalty.
It is very important to protect your intellectual property so that your invention is secure from your competitors, and achieves exclusivity. It also helps in establishing authenticity.
At Patent International, we provide hassle-free Patent services catered to your needs, in compliance with the international requirements and standards. Patent registration in Thailand doesn’t have to be complicated, and that’s why Patent International is here to assist with all of your intellectual property needs.
*What to do? How to do it? When to do it? Will it work?*
If these are the questions that come to your mind when thinking of registering a Patent, you have come to the right place. We, at Patent International, answer these questions and more! Offering multiple Patent services, we guarantee client satisfaction. For expert advice and consultation, contact us now!