Eligibility and Rights of a Patent Holder in Thailand

Patent in Thailand

Who are eligible to apply for a patent application in Thailand?

The following classes of persons are eligible to apply: 1) Thai nationals; and 2) foreign nationals under the reciprocity rule. This rule allows foreign nationals of those countries who confer the same privilege to Thai nationals to file a patent application in Thailand.

So what then are the rights of a patent holder?

Below is an enumeration of the rights of a patent holder:

  • To enjoy the ownership of a patent in a span of 20 years from the date of filing the application
  • To possess the exclusive right to produce, reproduce, offer for sale, sell and import the patented application
  • To enjoy the exclusive right to use and mark its product with “Thai Patent”
  • To assign the right to another person or entity, which must be in writing and officially registered
  • To grant another person a license to use the patent, subject to the following conditions:
    1. no covenants, restrictions, provisions or agreement can cause an unfair restraint in competition
    2. no payment of royalties can be imposed after the expiration of the patent validity

Violations of these two conditions will result in the nullity of the license issued. If you have a question related to Eligibility and Rights of a Patent Holder in Thailand, please feel free to contact us.

 

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Siam Legal is an international law firm with experienced lawyers, attorneys, and solicitors both in Thailand law and international law. This Thailand law firm offers comprehensive legal services in Thailand to both local and foreign clients for Litigation such as civil & criminal cases, labor disputes, commercial cases, divorce, adoption, extradition, fraud, and drug cases. Other legal expertise of the law firm varied in cases involving corporate law such as company registration & Thailand BOI, family law, property law, and private investigation.

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