How To Get A Patent In Thailand ?

[brahmburgers]

I'm a farang residing in northern Thailand. I have an idea for a newfangled consumer product relating to backpacks. Am looking in to getting patent protection - leading to possible marketing the item in Thailand. I can hear cynics (myself included) saying "propriety doesn't mean a thing in Thailand" Another route: I may get a U.S. "Provisional Patent" ($200) which is good for one year. Question #2: would a U.S. patent carry any legal weight in Thailand?" Q#3. Where specifically does a farang go to get a patent in Thailand, and what's the ballpark cost?

Edited July 1, 2006 by brahmburgers

[Thaiquila]

OK, I know a little something about patents from the US side, so I'll take a stab at it.

I don't believe a US patent offers any protection to you in Thailand or any other country except the US. Also, if you go for a US patent, you only have a limited amount of time to apply for patents in other countries.

I seriously doubt you can pull off a provisional patent application for a total of $200, but yes, you are right you can do a quick and dirty one.

Trouble is, if it is too rough, that could make it much more remote that you ever get a full patent in the US. As you know, it usually takes two to four years for the full patent application to be approved and it is very expensive. Also, most full patent applications are initially rejected, thats where the patent lawyers really make their money, what a racket!

Also, even with a patent anywhere, if (when?) it is stolen, then you have to spend more money with lawyers to defend it. Patents in the US anyway seem to be a game for companies with deep pockets.

Edited July 1, 2006 by Thaiquila

[~G~]

There are mainly two reasons to obtain a Patent:

1. To stop others from producing it and competing with you.

2. To avoid the case that others will obtain the rights over it, and potentially kick you out of the game (and may even claim compensations from you).

(1) is not very realistic for small organizations. (2) is the reason for it being a good idea.

[Thaiquila]

G, not sure if you are talking about Thai patent law, which I know nothing about.

But in US patent law, if you truly had a unique idea and went public with it without applying for patent protection, the idea immediately becomes unpatentable, for you, or anyone else, at least for a US patent. Of course, the world being complex, there is probably someone with a similar patent, in which case, they could try to make a case against you (if it was worth it to them).

Edited July 1, 2006 by Thaiquila

[simon43]

Maybe I'm pessimistic, but what good is a Thai patent? If another Thai company goes and copies your patented product, do you think that you could actually obtain legal recourse? (On paper maybe, but TiT).

If you did force the other company to cease copying your patented product, and/or pay you royalties etc etc, how do you think your health would suffer? (if you get my meaning...)

This is the wild, wild west

Simon

[backflip]

" the world being complex, there is probably someone with a similar patent"

Exactly. The next time you buy a Big Mac, make note of the patent number for the cardboard box, and then do a search for that number. You'll find 50 similar patents for a dumb cardboard box. Too, as soon as you get a worthwhile patent:

1. dishonest people will copy it out of hand

2. honest people will make a small change, and then use it

[~G~]

But in US patent law, if you truly had a unique idea and went public with it without applying for patent protection, the idea immediately becomes unpatentable, for you, or anyone else, at least for a US patent.

Well, I am not sure what does "go public" mean in this context. If I have an idea, unpatented, and I go to a large factory in China to check the production costs, the factory or an affiliated company applies for the patent in the US, without my knowledge, and gets it... Is this not a realistic scenario?

My experience in this field comes from writing one patent (owned by the company that employed me at that time) and registering it in the US. The reason I described was the main rational as our lawyer presented it. It was in software, if that helps.

[brahmburgers]

I appreciate the responses. It confirms what I suspected: even if someone were to patent something here in Thailand, the hassles of running after copy-cats would be frustrating at the least. Unless someone is well-connected or has bulging wallet, then exacting any meaningful recompense for patent infringement is not realistic. ...same goes for a 'cease and desist' order from on high.

The Thai to Thai method for dealing with such a problem would likely be strong-arm threats - or worse.

Oh well, I'll persue my idea for at least awhile. Already have an investor. For the heck of it, I'll give a hint as to what it is: a new design for a backpack-type thing with a unique curved clasp for a padlock. In case you see it in the marketplace in the future.

[fisherd3]

A Patent is not an absolute legal position, a big company who liked your idea could challenge the validity of your Patent in the courts which would take a lot of money to defend, in general like many things today the Patent arena is not really affordable to the average man on the street.

[Chang_paarp]

One way to get around your challenge.

If you have truely "invented a unique mousetrap", get some sort of interum protection, ie pat pending, then approach a big company. Offer them the rights for a royalty, then let them do the hard work. You will make less money but will have less worry and up front expence. They will pursue the infringements as they see fit.

Of course you will need to trust the people you deal with.