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Patent number: 23257 (Thailand) http://INNOVATION-MAN.hi5.com
http://www.ipthailand.org/en/index.php?option=com_content&task=view&i...
DIP marched forth to become a member of the Patent Cooperation Treaty (PCT)
Thursday, 17 January 2008
The Department of Intellectual Property (DIP) takes over from the National Legislative Assembly (NLA) on Thailand's accession to the Patent Cooperation Treaty (PCT) under the World Intellectual Property Organization or WIPO to protect Thai inventions in the global arena.
Mrs. Puangrat Asavapisit, Director-General of the Department of Intellectual Property, the Ministry of Commerce, revealed that after widespread discussion and scouting for inputs and recommendations on Thailand's accession into the PCT since last year, "On the 10th January, the National Legislative Assembly has reached a unanimous decision that Thailand should become a party to the Paris Convention and the PCT with a vote of 121 against 2. The next step is for the Ministry of Foreign Affairs to carry out the legal proceedings on the accession process with WIPO. If there is no objection from existing members of the Paris Convention and the PCT, then Thailand will gain membership within 90 days".
The PCT is an agreement to help facilitate international patent registration. Currently, 138 countries are members of the PCT, include Thailand's trading partners and key competitors, such as the U.S., the EU, Japan, South Korea, Malaysia, and Vietnam.
The key principle in the protection of patents is that protection is accorded only in the country that the patent is registered. As such, at present, Thai inventors, researchers, and entrepreneurs who wishes to obtain international protection for their patents must apply for registration within the specific country that they deemed to have market potential or is likely to imitate their products. The existing process does not only entail high costs in terms of expenses for travels, the nomination of representative, and application and registration fees, but also does not guarantee that the patent will be registered. In turn, this has resulted in the lack of registration of Thai patents abroad and the ability of foreigners to use and benefit from Thai patents without paying royalty to the domestic right owners. Some of such examples include kwao krua and paonoy which the Thai inventors could not obtained registration abroad due to the high costs and complicated procedures and have thus sold their patents to foreigners who have now registered and own the rights on both products.
Accordingly, once Thailand becomes a full member of the PCT, Thai inventors which have applied for patent registration within Thailand would have 12 months from the date of their application to decide whether to also apply for protection abroad. If it is perceived that there are monetary gains to be gained abroad or a chance of product imitation in some countries, then it is recommended that one should first secure the rights to register patent abroad via the PCT system by submitting the necessary documentations and notifying the intention to acquire protection in the respective countries. WIPO will then carry out an initial examination on whether the requested product is patentable. In addition, prior to finally deciding to apply for protection in specific country or countries, the PCT system also provides an additional 18 months to the applicants in order for them to examine the market potential and estimate the costs and benefits of registering their patents since there are costs to maintain the patent rights up to the 20 years end period, staring from the first application.
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