ทนายความ สิทธิบัตร ที่ดีที่สุดใน Chiang Mai

About สิทธิบัตร Law in Chiang Mai, Thailand

In Chiang Mai, as in the rest of Thailand, patent protection operates under national law. The Department of Intellectual Property (DIP) administers the patent system, including examination, grant, and maintenance of rights. A Thai patent generally lasts 20 years from the filing date, subject to timely maintenance fees and compliance with formal requirements. Local residents and businesses in Chiang Mai file with DIP to secure protection for inventions, improvements, or novel processes.

Because patent rights are national in scope, enforcement in Chiang Mai comes through Thailand’s courts and administrative processes, not through a city-by-city system. Local counsel can navigate filing, responding to office actions, and strategizing enforcement within the Northern Region as needed. Understanding the timing of examinations, fees, and potential appeals is essential for successful protection in Chiang Mai and beyond.

Thailand grants patents with a term of 20 years from the filing date, subject to maintenance fees and compliance with examination requirements. Source: World Intellectual Property Organization (WIPO) and Department of Intellectual Property (DIP) Thailand. WIPO Thailand patents overview, DIP Thailand.

For residents in Chiang Mai, working with a qualified attorney or solicitor who understands both Thai patent law and local business realities can streamline the process. A local counsel can help translate technical descriptions into legally robust claims and coordinate with DIP throughout examination and potential opposition or appeal stages.

Why You May Need a Lawyer

• Filing a first patent for a new agricultural device in Chiang Mai - A startup in Sansai or Mae Rim develops a novel irrigation sensor. A lawyer helps structure the claims to cover both device and method aspects, ensuring a robust scope for national protection.
• Responding to a DIP office action in a provincial filing - DIP may issue objections on novelty or inventive step. An attorney drafts formal amendments and supporting evidence to advance toward grant.
• Enforcing a patent against local distributors in Chiang Mai - A manufacturer discovers unauthorized use in a nearby market; counsel advises on cease and desist strategies and prepares enforcement filings in relevant Thai courts.
• Managing a divisional or continuation strategy for a Northern Region client - A university or company wants to pursue multiple claims from a core invention. A lawyer can help plan divisional applications and maintain consistency across filings.
• Navigating a potential patent infringement dispute involving a Chiang Mai supplier - An assembler in the North suspects a supplier uses a protected process. A lawyer evaluates claim scope, damages potential, and remedies available under Thai law.
• Planning international protection via PCT to cover Thailand - A tech firm intends to seek protection in multiple countries, including Thailand. A patent attorney coordinates PCT filings and national phase entry in Bangkok and Chiang Mai regions.

Local Laws Overview

The Thai patent framework blends national statutes and Department of Intellectual Property regulations. Below are the core areas most relevant to patent work in Chiang Mai.

The Patent Act B.E. 2522 (1979) forms the basis of patentability, rights, and term in Thailand. It sets requirements for novelty, inventive step, and industrial applicability, and it governs grant procedures, limitations, and maintenance. Contemporary practice aligns with TRIPS obligations adopted by Thailand as a WTO member. WIPO Thailand patents overview

TRIPS and Thailand’s patent practice - Thailand joined the World Trade Organization in 1995 and has aligned its patent regime with TRIPS standards. This alignment supports 20-year patent terms and standardized examination practices, influencing how patents are prosecuted in Chiang Mai and nationwide. The DIP and national courts apply these standards in Northern Region cases. WTO TRIPS overview, WIPO Thailand patents overview

Specialized IP litigation settings - Thailand uses dedicated IP dispute mechanisms for patent litigation, including procedures overseen by the Central Intellectual Property and International Trade Court (IPIT Court). While most patent suits are filed in Bangkok, local enforcement and interim measures can be coordinated through Chiang Mai-based counsel and regional DIP offices. Consulting an attorney helps tailor litigation strategy to the Northern Region context. DIP Thailand

Frequently Asked Questions

What is a Thai patent and what can be patented?

A Thai patent protects new inventions that meet novelty, inventive step, and industrial applicability. It covers products and processes, but not abstract ideas or natural phenomena. A lawyer can help determine patentability and draft robust claims.

How do I apply for a patent in Chiang Mai?

File an application with the Department of Intellectual Property. A local patent attorney often handles drafting, claims framing, and responses to office actions to improve grant prospects.

How long does the Thai patent process take?

From filing to grant, typical timelines range from 2 to 4 years, depending on examination timing and office actions. Early examination requests can influence speed.

How much does it cost to file a patent in Thailand?

Costs include official filing fees, examination fees, and potential attorney fees. Total initial filing costs for a single invention typically start in the tens of thousands of baht, with ongoing maintenance fees during the term.

Do I need a Thai local attorney to file?

A Thai-registered attorney or agent is generally recommended to navigate forms, language, and regional requirements. Local counsel can also manage correspondence with DIP.

Can I file a PCT application to protect in Thailand?

Yes. A PCT application can enter the Thai national phase later, within a time limit, to secure patent protection in Thailand alongside other jurisdictions.

What is the difference between a patent and a utility model in Thailand?

A patent protects inventions with higher inventive step and longer duration in most cases, while a utility model offers simpler protection with potentially shorter terms and less stringent examination.

How do I respond to a DIP exam objection?

You file a written amendment or request for further examination, supported by technical evidence and strategically drafted claims. A lawyer typically drafts the response.

Do I need to disclose prior art during examination?

Yes. Applicants should disclose known prior art that may affect novelty or inventive step. A lawyer helps assess disclosures and strengthen the application accordingly.

What's the difference between filing in Chiang Mai vs Bangkok?

Patents are national rights in Thailand, so filing in Chiang Mai or Bangkok yields the same protection. Local counsel can facilitate communications and timelines with DIP.

How long do I have to pay maintenance fees?

Maintenance fees are due periodically during the patent term to keep protection in force. Failure to pay can result in lapse of the patent rights.

Should I consider enforcement options if I suspect infringement in Chiang Mai?

Yes. Early legal advice helps preserve evidence, determine remedies, and plan enforcement actions such as cease-and-desist letters or court actions in the IP system.

Additional Resources

• - Official agency handling patent filings, examinations, and maintenance. Functions include processing patent applications, granting patents, and maintaining the national patent register. https://dip.go.th
• - Governs policy and coordination for IP matters in Thailand, including patent reforms and regulatory changes. https://www.moc.go.th
• - Provides international perspectives, patent term norms, and filing pathways for Thailand. https://www.wipo.int/patents/en/country/thailand.html