Patent/Petty-Patent Question

Question

  1. What are the main requirements for Patent/Petty-Patent?

Under the Thai patent Act B.E.2522(1979) , the amended patent Act(No.2) B.E. 2535(1992) and the amended patent Act(No.3) B.E.2542(1999).

Patent shall be granted for:

a: any inventions which are new , involve an inventive step and capable of industrial application.

b: any designs which are new for industry including handicraft.

Petty-Patent shall be granted for any inventions, which are new and capable of industrial application.

  1. What should I avoid doing before filing my patent/petty-patent application?

If you decide you might want to apply for a patent you should not publicly disclose your invention /design before you have filed your application since this could prevent the grant of patent or could invalid a grant of patent.

  1. Who may obtain a patent/ petty-patent?

The inventor/designer or the employer of those who invented/designed or assignee may obtain a patent. If the inventor/designer collaborated with someone else that person may be named in patent application.

  1. May a foreigner apply for a Thai patent/ petty-patent?

Yes, but he must be:

a: a nationality of a country which is an associate member of Convention or Agreement concerning the Protection of Patent which Thai also is an associate member.

b: a nationality of a country which allows persons of Thai nationality or a juristic person who has a head office in Thailand to apply for patent in that country.

c: a domicile or in between industrially or commercially by reality in Thailand or a country which is an associate member of Convention or Agreement concern

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