Patent Application - What's The Scoop?

[brahmburgers]

There's some useful and well-written info at the website:

http://www.boi.go.th/english/how/patents_t..._protection.asp

which describes the basics of Thai patents and copyrights, however, there's no app. form or fees mentioned. I have a computer-related invention that relates directly to Thailand. I realize it's probably best to get a Thai attorney involved, but am low income, and would like to see how much I can do with translators, etc.

Interesting note in the web site mentioned above: "The Patent Act requires that an applicant for a patent must be a Thai national or a national of a country which allows persons of Thai nationality to apply for patents in that country."

I'm American, and strongly suspect that the U.S. allows Thais to apply for patents in D.C. If so, that would seem to qualify me (as a non-Thai) to apply for a patent. Actually, I have a Thai partner who helped design my newfangled device, though she doesn't have a full-fledged Thai ID card - so that would probably disqualify her from applying in her name. Any constructive comments are appreciated.

[Tywais]

Hope you're not expecting it to be simple. The university sent me to a course in Thai & International Patent Law but was some time ago and will need to find my notes to give details. You are correct in that you can apply as an American for Thai patent. Two of the most difficult aspects of patent application is writing your 'claim' and wording it in proper format and precluding any other patent that may cover it or any part of it. Two weeks of the course was in this section alone.

The second is the significant amount of research needed to be done to verify that the patent isn't covered all ready. Another option that would expand the patent to beyond the Thai IP is to apply via the PCT (Patent Cooperation Treaty) and will be covered by all member states of that treaty, of which Thailand is one. More details on it here.

http://www.wipo.int/pct/en/index.html

http://en.wikipedia.org/wiki/Patent_Cooperation_Treaty

Some information on writing claims:

http://inventors.about.com/od/patentsbasic...atentClaims.htm

http://www.bpmlegal.com/howtopat5.html

http://en.wikipedia.org/wiki/Claim_(patent)

[Tywais]

One word of caution and that is not to disclose or make public in anyway the details of your invention. Once it is in the public domain it no longer qualifies for a patent. That's one of the catch 22's at the university, we need to publish but once we publish we can't patent.

[dominique355]

The most important advice I could give is to thoroughly check if your invention is novel. Novelty is the most important aspect of a valid patent and the easiest way to destroy it. It might save you a lot of time, money and trouble if e.g. you would find out the someone else has had the same idea.

For a meaningful search for the "state of the art", you preferably have already a draft claim of your invention or a detailed specification dealing also on how your invention is better than the state of the art and which "problem" your invention solves.

Contrary to Tywais, I would not recommend a PCT application, it is only more expensive, more complicated and takes longer to mature into a granted patent.

If your invention is closely related to Thailand, you might have sufficient protection with only a Thai patent.

Seek the advice of a Thai Patent Attorney. If you don't know any or how to find one, check back with me, I could give you some names.

[brahmburgers]

Years ago in the U.S, there was a ' poor man's' method for possibly protecting an original song. It consisted of sending the song (typed lyrics plus recording) to yourself in a sealed and registered letter. I know it's funky method, but it might hold some credence if an unopened sealed letter were submitted in court as evidence.

My invention is not music or text or software, and I know it's original and applies directly to Thailand (via language). Because I don't have funds to employ a Thai patent lawyer, I will try the method mentioned above, sending several individual registered packages to my address - with the diagram of my invention within.

Alternatively, if there is someone reading this who might consider investing a modest amount in my idea - with generous options for payback - then feel free to contact me. By the way, it's a consumer product that every Thai person who uses a computer could benefit from. Estimate mark-up from raw material to retail item in the store = approx 1:15. Details available upon request.

[dominique355]

Years ago in the U.S, there was a ' poor man's' method for possibly protecting an original song. It consisted of sending the song (typed lyrics plus recording) to yourself in a sealed and registered letter. I know it's funky method, but it might hold some credence if an unopened sealed letter were submitted in court as evidence.

My invention is not music or text or software, and I know it's original and applies directly to Thailand (via language). Because I don't have funds to employ a Thai patent lawyer, I will try the method mentioned above, sending several individual registered packages to my address - with the diagram of my invention within.

Alternatively, if there is someone reading this who might consider investing a modest amount in my idea - with generous options for payback - then feel free to contact me. By the way, it's a consumer product that every Thai person who uses a computer could benefit from. Estimate mark-up from raw material to retail item in the store = approx 1:15. Details available upon request.

This method might help you destroying someone else's patent on your invention, but it won't give you the exclusive right to use your own invention. Once your "idea" is out, disclosed to the public, on sale and if there is no patent protection, everybody can copy it.