The patent system has become an unlikely hot topic in Thailand in light of reports that some overseas pharmaceutical companies have applied for Thai patents for cannabis. The revelations have added more fuel to the ongoing debate about the utility of cannabis, a Thai local plant. The reports have led many to criticize the patent system, questioning whether patent rights may obstruct Thai researchers’ studies on cannabis. It is important not to oversimplify this issue. Such dialogue is extremely important and must be encouraged, but as a patent attorney I find the broader context of the patent system very enlightening in understanding the arguments on both sides.
The most important context of course is the reasoning behind the patent system in the first place. An internationally accepted rationale for patent law is that a patent grants security to an inventor who, through his or her intellect and labor, has conceived an invention that benefits the society. Granting that inventor patent rights prevents others from exploiting the fruit of that inventor’s labor without consent. Simply put, patents prevent anyone from stealing an inventor’s idea. In exchange, the inventor has a duty to make the details (or the “secret trick”) of his or her invention available to the public through the process of patent application. Importantly, a patent is in force for no more than 20 years, after which the knowledge in that patent will become public information for anyone’s free use.
With that in mind, we can begin to look at the specific context of cannabis-based patents.
The patent system has become an unlikely hot topic in Thailand in light of reports that some overseas pharmaceutical companies have applied for Thai patents for cannabis. The revelations have added more fuel to the ongoing debate about the utility of cannabis, a Thai local plant.
