Patent Categories Last night I just saw the series “NCIS LOS ANGELES” and I came across the word “Patent” in the series. So I think some people might want to know something about these things.  Thailand recognizes three broad categories of property rights:             1: Patents         2: Copyrights    3: Trademarks 1: Patents             Thailand promulgated its first patent law, the Patent Act in 1979, with significant amendments added in 1992. The Act protects both inventions and product designs and pharmaceuticals. In 1997, a new intellectual property and international trade court began operations, which has significantly improved enforcement. Appeals procedures at the trademark and patent offices have also been streamlined.             In January 2008, the National Legislative Assembly approved Thailand’s plan to join the Paris Convention and the Patent Cooperation Treaty. Thailand successfully became a party to the Paris Convention on August 2, 2008 and is in the process of carrying out the necessary legal procedures for accession to obtain membership in the PCT. It is generally expected that adhesion to the PCT will occur in the near future.             Since Thailand is a member of the Paris Convention, the World Trade Organization (WTO) and thus the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), nationals of the Paris Convention and WTO member countries will receive the same protection accorded to Thai nationals.       1.1   Invention Patents For an invention to be patentable, it must       -         Have novelty       -         Involve an inventive step       -         Be capable of being made or used for some kind of production activity Therefore, the following would not qualify for patents:       -         An invention widely known or used by others in Thailand before the filing of the patent application       -         An invention, the subject matter of which was described in a document or printed publication, displayed or otherwise disclosed to the public, in any manner, whether inside or outside Thailand, and whenever the disclosure is by document, printed matter, exhibition or public disclosure by any means whatsoever*        -         An invention that has been granted a patent inside or outside Thailand prior to the date of the patent application       -         An invention that is the subject of an abandoned application in Thailand. This provision does not affect the rights of co-inventors and others who did not apply for such patent shall not be affected       -         An invention for which an application for a patent was filed in a foreign country more than 12 months prior to the date of the patent application, the foreign patent not having been issued The revised Patent Act provides that the following are not patentable:        -         Microbes and any components thereof which exist naturally; animal, plant and extracted substances from animals or plants       -         Scientific or mathematical rules or theories       -         Computer programs       -         Methods of diagnoses, treatment and care of human and animal diseases       -         Inventions that are contrary to public order or morality, public health or welfare       1.2   Patentable Product Designs A product design must be novel in order to be patented: i.e., it must not fall under any of the following conditions: -     A design widely known or used in Thailand before the filing of the patent application -     A design picture, the subject matter or details of which have been displayed or disclosed in a document or printed publication inside or outside of Thailand before the filing of the application -     A design that has been published in the patent journal under Section 65 and 28 before the filing of the patent application -     A design that so nearly resembles any of the product designs indicated in the points described above that it is apparently an imitation 1.3 Product Designs Which       Are Not Patentable       -         Product designs which are contrary to public order and good morals        -         Product designs prescribed by Royal Decree 1.4 Eligibility       An  inventor or product designer has the right to apply for a patent, as does a successor or assignee of the right. An assignment must be made in writing, signed by both the assignor and the assignee.       If, during the course of employment, and employer or contractor creates an invention or product design, the right to apply for a patent belongs to the employer unless otherwise provided by agreement.       The Patent Act requires that an applicant for a patent must be a Thai national or a national of a country which allows persons of Thai nationality to apply for patents in that country.       The patent holder or applicant is entitled to the following rights:              -         A patent for an invention is valid for a period of 20 years from the date of filing the application; a patent for a product design is valid for a period of 10 years from the date of filing the application. The time during which court proceedings regarding the issuance of the patent are in process may be excluded              -         During the period of the validity of the patent, the patent holder has the exclusive right to produce, use, sell, have for sale, offer for sale and import the patented invention or design. Any act performed before the patent is granted, that would otherwise constitute an infringement of the patent, is not deemed an infringement              -         A patent holder has an exclusive right to use the words “Thai Patent”, or an abbreviation or translation thereof              -         A patent holder may assign the patent to another holder              -         A patent holder may grant a license to another person, subject to restrictions:         o       The patentee shall not impose upon the licensee any condition or restriction or                    any royalty covenant which is an unfair restraint of competition. Conditions,                    restrictions or covenants that unfairly restrain competition shall be prescribed by                    a Ministerial Regulation         o       A patent holder may not require a licensee to pay a royalty or royalties after the                    validity of the patent has expired         o       Conditions, restrictions, or royalties which are contrary to the above two points                    are null and void ·          Any assignment or license must be in writing and officially registered *Disclosure of the essentials or specifications due to or in consequence of an unlawful act, or disclosure of essentials or specifications by the inventor, including display of the inventor’s work at an international exhibition or an official public exhibition provided such disclosure occurred within the period of 12 months prior to the date of filing the patent application shall not be deemed to be disclosure under subsection 2 1.5 Compulsory Licenses To discourage monopolies and the acquisition of patents simply to prevent other persons from manufacturing or producing the patented inventions or product designs, Section 46 of the Patent Act provides that: ·          At any time after the expiration of three years from the grant of a patent or four years from the date of filing an application for a patent, any person may apply to the Director-General for a compulsory license if, at the time of the application, it appears that: -      For no legitimate reason, there is no production of the patented product nor application of the patented process in the country -      For no legitimate reason, there is no sale of the product produced under the patented process or there are sales of the same at unreasonably high prices or in quantity insufficient to domestic public demand 1.6 Cancellation of Patents      A patent may be cancelled under the following conditions: ·         Although a patent has been granted, any person who has an interest in the patent or the public prosecutor may challenge its validity by petitioning the Court for cancellation ·         The Director-General may ask the Board of Patents to cancel a patent in the following cases: -      If it appears that two years after the issue of a license under Section 50, the licensing has been unable to prevent or alleviate the condition for which a license was issued under Section 46 or 46 bis; or -      The patentee has licensed another person to exercise the patent rights in violation of Section 41      Before requesting the Board to cancel a patent, the Director-General shall order an inquiry and notify the patentee and licensee to submit their briefs within 60 days from the date of receipt of notification. The Director-General may summon any person to make statement or deliver any additional documents or items. 1.7 Foreign Patents      A foreign patent that has not been granted a separate patent in Thailand receives no protection under the Patent Act. However, foreign patent holders or owners of rights to inventions or designs in foreign countries may enter into business transactions with parties in Thailand and seek equivalent protection through contractual obligations in the form of a licensing agreement.      Since foreign patents, inventions and designs receive no protection under the Patent Act, no civil or criminal action can be taken against the third party who produces products or sells a patented product in Thailand without paying fee to the holder of the foreign patent or who applies in Thailand for a patent on an invention or design already patented in other countries. Nevertheless, legal solutions to such conflicts may be available under separate legislation. Free TextEditor   Create Date : 13 àÁÉÒ¹ 2553     Last Update : 13 àÁÉÒ¹ 2553 17:10:05 ¹. Counter : 351 Pageviews.   1 comment Share Tweet

something about visas Right here I would like to share some info with you guys (any farang in Thailand). I am talking about Visas and Immigration Law. All persons other than these in transit and citizens of certain countries, are required to obtain a visa in order to enter Thailand. Foreign nationals who intend to remain in Thailand to work or conduct business must comply with visa requirements in addition to obtaining a work permit. Visa Categories: The Immigration Act of 1979 as amended in 1980 establishes the following visa categories: Tourist Visitor Transit Immigrant Non-quota immigrant Non-immigrant Note: Transit, visitor transit and tourist visa holders are not authorized to work in Thailand. Tourist Tourist visas are initially valid for 60 days and are renewable at the discretion of the Immigration Department. Renewals are normally granted for periods up to 30 days at a time. Visitor Transit: Foreigners who have obtained a transit visa from a Thai Embassy or consulate will be granted a 30-day stay in the Kingdom. Extensions of stay are normally granted for periods of 7-10 days. In addition, nationals of 40 countries and 1 special administrative region - Hong Kong SAR- will be able to enter Thailand without a visa and may remain for 30 days per visit. Foreigners who enter the Kingdom under the Tourist Visa Exemption category may re-enter and stay in Thailand for a cumulative duration of stay of not exceeding 90 days within any 6-month period from the date of first entry. A list of the 40 countries can be found at //www.mfa.go.th/web/2482.php?id=2490 Non-quota immigrant This category includes former residents who have lost their resident status but who have reapplied to resume their residency and who have been able to demonstrate a convincing reason to support the granting of this type of visa. Non-immigrant Visa Foreigners seeking a prolonged stay, or those coming to work in Thailand, should obtain non-immigrant visas for all family members prior to entering the Kingdom. There are several categories of Non-Immigrant visas which include, among others, business visa category (B); department visa category (O); investment subject to the provision of the laws on investment promotion (BOI IB); diplomatic and consular visa category (D); performance of duties with the mass media (M); performance of skilled or expert work (EX); investment (with concurrence of ministries and departments concerned)-(capital investment IM); study or observation (ED). Advantages of a Non-Immigrant visa include:  Entitlement of the holder to apply for a multiple re-entry visa to Thailand from the Immigration Division in Bangkok  Subject to the regulations of the Immigration Authorities, entitlement of the holder to apply for permanent residence in Thailand  Eligibility for issuance of a work permit to the holder  Eligibility for temporary visa renewal while processing issuance of a long-term annual visa   Foreigners are advised to strictly adhere to the rules governing each visa category. They should report any changes of address or status to local police within 24 hours. In addition, foreigners residing in Thailand for more than 90 consecutive days are required to register their address with the Immigration Bureau every 90 days. This requirement applies to all foreigners, including holders of work permits and long-term visas. Failure to do so can result in substantial penalties. Transit, Visitor Transit, Tourist and Non-Immigrant Visas are issued only for the following purpose and duration:  Diplomats or consular missions (duration as necessary)  Official missions (duration as necessary)  Tourism (90 days)  Sports (30 days) Business purposes (one year)  An investment which has received authorization from the appropriate government authorities (two years)  Investment or other business in connection with investment under the Investment Promotion Act (as determined by the BOI)  Transit (30 days)  The controller or crew of a conveyance entering a port or other locality in the Kingdom (30 days)  Work as a skilled laborer or specialist (one year) I hope I can help you in some ways. Till next time, dude. Free TextEditor   Create Date : 11 àÁÉÒ¹ 2553     Last Update : 12 àÁÉÒ¹ 2553 15:34:01 ¹. Counter : 267 Pageviews.   0 comment Share Tweet