Best Patent Lawyers in Bang Khen

About Patent Law in Bang Khen, Thailand

Patent law in Thailand is administered nationally, and people in Bang Khen access the same system as the rest of the country. The Department of Intellectual Property under the Ministry of Commerce examines and grants patents. Thailand recognizes three main forms of protection: patents for invention, petty patents sometimes called utility models, and design patents. A patent for invention protects new technical solutions that involve an inventive step and can be used in industry. A petty patent protects new and industrially applicable inventions with a lower threshold of inventiveness and is often faster to obtain. A design patent protects the ornamental appearance of products.

In practice, inventors and businesses in Bang Khen file through Thai patent attorneys in Bangkok, submit applications in the Thai language, and manage prosecution before the Department of Intellectual Property. Thailand is a member of the Paris Convention and the Patent Cooperation Treaty, so you can claim foreign priority or enter the national phase of a PCT application. Timelines vary, but a patent for invention commonly takes several years to grant. Petty patents and design patents are generally quicker. Strong drafting, accurate Thai translations, and strategic filing decisions are critical to a successful outcome.

Why You May Need a Lawyer

A lawyer or registered Thai patent agent can help at every stage of the patent lifecycle. Choosing the right route matters. You may need advice on whether to file a patent for invention, a petty patent, or a design patent, and whether to file directly in Thailand, via the Paris Convention, or through the PCT national phase. A professional can conduct or coordinate prior art searches, assess patentability, and draft claims that are enforceable in Thailand. Translation into Thai must be precise because errors can narrow your rights or cause rejection.

During examination, the Department of Intellectual Property may issue office actions that require technical and legal argument. An attorney can prepare responses, amend claims, and manage deadlines such as the timeframe to request substantive examination. Businesses often need help with ownership and assignments, inventor agreements, and licensing. If a competitor copies your technology, a lawyer can advise on evidence gathering, warning letters, customs recordation, and litigation in the Central Intellectual Property and International Trade Court. Counsel can also help with post-grant issues such as annuity payments, recordal of changes, and defending against invalidation challenges.

Local Laws Overview

Thailand’s Patent Act sets the rules for patentability, procedures, and enforcement. Patentable subject matter requires novelty, inventive step for inventions, and industrial applicability. Exclusions include scientific or mathematical methods, computer programs as such, business methods, methods of diagnosis or treatment of humans or animals, and inventions contrary to public order or morality. Living animals and plants are generally excluded, while certain microbiological inventions may be eligible depending on how they are presented. Public disclosure before filing can destroy novelty. There are limited exceptions, for example some official exhibitions, but do not rely on them without specific advice.

Filing is centralized with the Department of Intellectual Property. Applications must be in Thai, with complete specifications, claims, abstract, and drawings where applicable. Non-resident applicants must act through a local agent or attorney with a signed power of attorney. Thailand is a Paris Convention country, so you can claim priority from a first filing within the applicable period. Thailand is also a PCT member, so national phase entry is available for international applications within the prescribed time limit.

After formalities, most patent for invention applications are published, and substantive examination must be requested within a set time window. If you do not request examination in time, the application can lapse. Petty patents undergo limited examination and can sometimes be granted relatively quickly, though they remain vulnerable to invalidation unless strengthened through examination on request. Design patent applications focus on new ornamental appearance and usually do not undergo full technical examination.

Terms of protection are generally 20 years from filing for a patent for invention, 10 years for a design patent, and 6 years for a petty patent with possible extensions that can bring the total term up to 10 years. Maintenance fees are required to keep rights in force. Failure to pay on time can result in lapse, although a grace period with surcharge may be available.

Enforcement is primarily through civil actions in the Central Intellectual Property and International Trade Court in Bangkok. Remedies can include injunctions, damages, destruction of infringing goods, and other appropriate orders. Border control measures may be available through Thai Customs to help prevent the import or export of infringing goods. Compulsory licensing and government use provisions exist under Thai law in specific circumstances, including non-working of the invention in Thailand after a certain period. Because Bang Khen is within Bangkok, access to specialized IP counsel and the IP court system is convenient for local residents and businesses.

Frequently Asked Questions

What kinds of patents are available in Thailand?

Thailand provides three routes. A patent for invention protects technical innovations that are new, involve an inventive step, and are industrially applicable. A petty patent protects new and industrially applicable inventions with a lower inventiveness threshold and is typically faster to obtain. A design patent protects the new ornamental design of an article rather than its function.

Can I patent software in Thailand?

Computer programs as such are excluded. However, software that is tied to a technical solution or hardware and produces a demonstrable technical effect may be eligible if claimed appropriately. Careful drafting is essential to emphasize the technical contribution rather than the program itself.

How long does the process take?

For a patent for invention, several years is common due to examination backlogs. Petty patents and design patents can be faster. Timelines vary based on technology, examiner workload, and the quality of the application and translations. An attorney can help reduce avoidable delays and track key deadlines such as the time limit to request substantive examination.

Do I need to file in the Thai language?

Yes. The Department of Intellectual Property requires Thai. You can start with a foreign language text in limited scenarios but must provide a high quality Thai translation. Inaccurate translations can limit or invalidate your rights, so professional translation aligned with the legal and technical meaning is critical.

Can I claim priority from a foreign application or use the PCT?

Yes. Thailand is a member of the Paris Convention, allowing you to claim priority from a first filing in another member country if you file in Thailand within the prescribed period. Thailand also participates in the Patent Cooperation Treaty, so you can enter the Thai national phase from a PCT application within the applicable time limit. Missing these dates can forfeit your rights.

What is the difference between a patent for invention and a petty patent?

A patent for invention requires novelty, inventive step, and industrial applicability and lasts up to 20 years. A petty patent requires novelty and industrial applicability, has a lower threshold for inventiveness, generally grants faster, and has a shorter total term. Petty patents suit incremental improvements, while full patents suit more substantial innovations.

Will public disclosure before filing destroy my chances?

Public disclosure typically destroys novelty in Thailand. There are limited exceptions for certain official exhibitions and specific situations, but they are narrow. The safest approach is to keep the invention confidential under nondisclosure agreements and file before any publicity.

How do I enforce a patent against an infringer?

You can send a cease and desist letter, seek mediation, and file a civil lawsuit in the Central Intellectual Property and International Trade Court. Courts can grant injunctions and damages. You may also record your rights with Thai Customs to help block infringing imports and exports. Evidence collection and expert analysis are often decisive, so plan early with counsel.

Are there working requirements or risks of compulsory licensing?

Thai law includes provisions that allow compulsory licensing if an invention is not worked in Thailand without legitimate reason after a set period. What counts as working and what constitutes legitimate reasons can be nuanced. Strategic licensing, local manufacturing, or importation plans may help mitigate risk. Obtain tailored advice if you plan to hold but not practice the patent locally.

What ongoing fees and formalities should I expect?

You must pay maintenance fees on schedule to keep a patent, petty patent, or design patent in force. Recordals are required for changes in ownership, name, or address, and for licenses or security interests to be effective against third parties. Docket all deadlines carefully. A local attorney can manage annuities and recordals to prevent lapses.

Additional Resources

Department of Intellectual Property under the Ministry of Commerce handles patent filings, examinations, publications, and grants. Its Patent Office provides forms, fee schedules, and procedural guidance. Local patent agents in Bangkok serve applicants in Bang Khen.

Central Intellectual Property and International Trade Court in Bangkok adjudicates patent disputes, including infringement and invalidation cases, and offers court-annexed mediation.

Thai Customs intellectual property units can assist with border measures to prevent import or export of suspected infringing goods once your rights are recorded.

National Science and Technology Development Agency and its Technology Licensing Office provide innovation support and can advise on technology transfer and commercialization strategies.

Thailand Institute of Scientific and Technological Research offers technical expertise and may assist with searches, testing, and validation that support patent applications and enforcement.

Universities and incubators in Bangkok, including those near Bang Khen, often run IP clinics or have technology transfer offices that can guide early stage innovators.

Next Steps

First, protect confidentiality. Use nondisclosure agreements and avoid public disclosure before filing. Prepare a clear description of the invention, its advantages over known technology, and data or drawings that support it. Decide with counsel whether to file a patent for invention, a petty patent, or a design patent, and whether to file directly in Thailand, claim Paris Convention priority, or enter via the PCT national phase. Time limits such as 12 months for Paris Convention priority and the national phase deadline are strict, so act early.

Engage a Thai patent attorney or agent who regularly practices before the Department of Intellectual Property. Confirm scope of work, fees, and timelines. Provide accurate applicant and inventor details, assignment documents if the applicant is not the inventor, and a signed power of attorney. After filing, docket and meet deadlines for publication responses, the request for substantive examination when applicable, and maintenance fees. If you face an office action, work with your attorney to craft technical and legal arguments and to adjust claims strategically.

If infringement is suspected, gather evidence without delay. Preserve samples, screenshots, purchase records, and technical analyses. Consult counsel on options such as negotiation, customs recordation, and litigation in the Central Intellectual Property and International Trade Court. For businesses in Bang Khen, proximity to experienced IP counsel and the court system can streamline both prosecution and enforcement. Throughout, revisit your filing strategy to add improvements, file divisionals if needed, and align your IP portfolio with your commercialization plans in Thailand.