Haris & Associates Phuket Thailand Legal Blog

if you are making plans to start a corporation in Thailand, and you’ve got a system or procedure designed already for this corporation, then it should be to your interest to know how you can patent that system so that nobody else will replicate it of their very own business and use your very own brainchild against you.

What Are Patents?
Patents are legal devices which are meant to guard individual designs, innovations, and processes in particular used in production agencies, with the intention of preventing third parties from using the ones creations with out the original writer’s consent.

What Protections Do You experience From Patenting Your design?
As a patent holder, you’re legally have the right to implement using your patented product. If any competitor attempts to infringe on your design by blatantly copying it and integrating it into their very own system, then you have the right to prosecute these violators and be duly compensated for the damages and misplaced income that the infringement has subjected you or your business to.

you can also have the capability to provide licenses to interested parties for a fee that you and that third party will need to negotiate. you’ll generally benefit a percentage of the profits that they earn via using your patented creation, although the actual terms of your license agreement will rely upon what you’ve got agreed upon via negotiations.

how to apply for a Patent in Thailand in case you’re a Foreigner
As a member of the ASEAN intellectual property association, Thailand permits nationals of member nations to this company to report for patent protection within the kingdom. because of this foreigners can apply for patent protection in Thailand furnished given businesses with main offices within the country.

As a foreigner, you will also need to secure the services of a Patent Agent in Thailand. obviously, this agent need to operate inside Thailand only and has the documentation to prove that she or he is registered with Thailand’s Patent office. if you already have a business in Thailand, then no question you have entered right into a business relationship with a bonafide patent agent so this should not be a worry.

where to record for Patent protection
Patent protection is in the jurisdiction of the Thailand department of intellectual property, which falls under the Ministry of commerce. involved parties can fill up an application form and mail it by registered mail to the Bangkok office of the department, or to any provincial offices this is recognized by the branch’s Director-general.

other than the application form, involved parties are required to include explanatory documents about the patent, like a clear file describing the discovery, the claims that it is searching for protection for, an summary or a set of drawings, if it is essential for in addition describing the creation and makes it technology understandable for every person inside the public domain once the patent is approved and issued.

Patent registration is by way of itself a complicated subject matter. Our lawyers can help you out with this.