As with the case of copyright and the Copyright Act, patents are similarly protected by the respective act – the Patent Act. Whereas Thailand has multiple bilateral agreements with other countries enabling foreigners to file patents in the Kingdom, the country itself is not a member of any international patent conventions for a reciprocal protection of patents. In practice, patents filed in Thailand can be only respected in Thailand and vice versa.
Patent Act is Thailand provides protection for inventions, product designs and pharmaceuticals. Inventions are protected for 20 years and product designs for 10 years.
In order to qualify for patent protection, the invention must meet the following requirements:
- Having novelty
- Involving an inventive step
- Capable of being made or used for some kind of production activity
Moreover, the patent won’t be patentable in Thailand provided it is widely published, patented or registered in a different place prior to the filing date of the Thai application. Also, the following are not patentable in Thailand:
- Microbes and any components thereof which exist naturally, for example animal, plant and extracted substances from animals or plants
- Scientific or mathematical rules or theories n Computer programmes
- Methods of diagnosis, treatment and care of human and animal diseases
- Inventions that are contrary to public order or morality, public health or welfare Setting up and running business organisations