You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

July 12, 2013

Patents as a Tool for Business and Innovation

Subscribe to Updates
Bangkok Post, Corporate Counsellor Column

Almost everyone nowadays is familiar with the words “intellectual property” and “patents.” This is largely because intellectual property (IP) is a vitally important part of developing and maintaining a profitable business.

Having recognized the importance of IP protection, you also need to understand the types of protection you can obtain and the benefits of each. There are several types of IP—including patents, copyrights, trademarks, and trade secrets—each of which offers different legal rights and protections.

For instance, copyright protection and patent protection are very different. If you are thinking about “filing” or “registering” your IP, you are probably thinking about obtaining a patent as opposed to a copyright. Why? Because registration is required only for patent and trademark protection, not for copyright and trade secret protection.

Another key point is that patents only give you legal protection in the country where they are registered. There is no such thing as an “international patent” that will give you protection in every country in the world. This means a patent must be applied for in each country where you aim to obtain legal protection.

The Patent Cooperation Treaty (PCT) system, which Thailand recently joined, allows you to apply for a patent in several PCT member countries by submitting a single application via the PCT system. Although this is certainly helpful for businesses, it does not actually give you an “international patent,” as you still need to pursue patent registration in each country separately.

Once the patent is granted (the process usually takes a few years), the patent owner will enjoy the exclusive right (i.e., monopoly) to exploit the patented invention in the country in which the patent has been granted for a specified period of time. In Thailand, the total protection period is 20 years from the filing date for an invention patent and 10 years from the filing date for a petty patent or design patent.

From a business perspective, patent protection should be viewed as a tool for achieving specific business goals. The question is how to apply this potentially available tool productively and efficiently. Remember, filing and maintaining patents costs money, so the proper management of patents is crucial. The questions that business owners need to ask themselves include:

  • How can a company generate and identify new ideas and innovation that would be worth patenting?
  • How is patent ownership determined?
  • How do employee-inventor(s) get rewarded?
  • How can the company profit from the patent to protect and grow the business?

The main benefit of having a patent is to give your company limited-time exclusive rights to the patented invention and, in turn, prevent your competitors from copying the invention, entering the market, or otherwise competing with your company. This benefit can only be fully realized, however, if your company has a strong patent (patents are best drafted by professionals) and has an effective patent enforcement plan in place so that the company can quickly detect and take legal actions against an infringer.

In any event, it is important to keep in mind that without being able to reap the benefits a patent can offer, an issued patent is merely a piece of paper that costs money to maintain year after year.

Patent ownership and employee remuneration is another big issue. Section 11 of the Thai Patent Act clearly stipulates: “The right to apply for a patent for an invention made in the execution of an employment contract or a contract for performing a certain work shall belong to the employer or the person having commissioned the work unless otherwise provided in the contract.”

This means the patent rights to an invention created within the course of employment belong to the company unless the company and the employee-inventor(s) have agreed otherwise. This point must be clearly communicated to all employees to prevent any misunderstanding. In some cases, employees may think they own the invention.

But companies also need to be aware of Section 12 of the Thai Patent Act, which stipulates: “In order to promote inventive activities and give a fair share to the employee, the employee-inventor shall have the right to remuneration other than his regular salary if the employer benefits from the invention.”

Therefore, even though the company owns the patent rights, the employee-inventor is entitled to extra remuneration, provided that the company benefits from the patented invention created by the employee. In light of this legal obligation, companies may consider putting in place a well-designed reward system to create incentives for employees to come up with innovative ideas and inventions that would benefit the company’s business growth and development.

Undoubtedly, with careful planning and effective management, patents will be a very useful tool to drive business and foster innovation.

Download Full Article
Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

April 21, 2026
Vietnam continues to refine its intellectual property framework to align with the 2025 amendments to the Law on Intellectual Property (IP Law). On March 31, 2026, the government issued Decree 100/2026/ND-CP (Decree 100), which substantially amends Decree 65/2023/ND-CP detailing the implementation of the IP Law (Decree 65). On the same day, the Ministry of Science and Technology released Circular 10/2026/TT-BKHCN (Circular 10), providing detailed procedural guidance and new forms. Both instruments took effect on April 1, 2026, along with the amended IP Law. While the updates touch on every IP right, trademark owners and brand strategists will find several practical and forward-looking changes that directly affect filing strategy, examination timelines, portfolio management, and enforcement readiness. 1. Fast-Track Substantive Examination for Eligible Applications One of the most business-friendly innovations is the new fast-track substantive examination pathway for applications meeting specified eligibility criteria. Successful fast-track applications enjoy a shortened substantive examination period of three months. This offers a significant competitive edge for tech-driven or regulated-sector brands. If the mark is identical or similar to a mark in another person’s trademark application with an earlier filing date in the case of a priority application that has not yet been processed, the fast-track process will return to the ordinary process. However, the law does not touch on cases where marks under fast-track examination face office action due to other reasons (i.e. lack of distinctiveness, confusingly similar to others’ copyright, trade name, industrial design, etc.) 2. AI-Generated Trademarks Receive Clear Protection Pathway Decree 100 explicitly addresses the use of artificial intelligence (AI) in IP creation, amending Article 10a of Decree 65 to confirm that trademarks created with AI systems are fully protectable, provided they meet the standard requirements of registration. Trademarks face no additional “human authorship” hurdle (unlike patents or industrial designs). Brand owners
Read More
April 20, 2026
Myanmar’s industrial design registration regime has been steadily gaining momentum since the country officially began accepting applications under the Industrial Design Law of 2019. The Industrial Design Division of Myanmar’s Intellectual Property Department (IPD) has actively advanced examination and registration procedures, and as of March 2026, approximately 300 industrial design applications have been published in the IPD’s publicly accessible database—a meaningful milestone in the development of Myanmar’s emerging intellectual property framework. This figure reflects only published applications; additional filings remain pending and will be published after the conclusion of ongoing examination. Filing Requirements in Practice Compliance with a defined set of mandatory requirements is the foundation for filing a valid design application. These mandatory particulars must be provided at the time of filing in order to establish a filing date. These include the applicant’s and creator’s identifying details, a notarized appointment of representative form, the Locarno Classification of the associated product, and a set of graphic representations of the design across multiple standard views. Applicants must also provide a written description of the design and, where applicable, information relating to any priority claim or request for deferred publication. Filing fees are payable at the time of submission. Beyond these core requirements, applicants typically need to provide supplementary documentation, either at the time of filing or in response to a formality examination. This may include evidence of the applicant’s legal entitlement to the design—particularly where the applicant and creator are different parties—as well as supporting corporate and authorization documents. Where priority rights are claimed, the relevant documents must generally be submitted within three months of the Myanmar filing date, with certified English translations required for any non-English priority applications. The supplementary requirements may vary depending on the nature of the application and the examiner’s requests during the formality examination process.
Read More
April 3, 2026
On March 16, 2026, Vietnam’s Ministry of Public Security released a draft version of a new Decree on the Prevention and Combating of Cybercrime and High-Tech Crime to replace the currently effective Decree 25/2014/ND-CP. In the draft, the ministry has proposed a comprehensive regulatory framework aimed at addressing violations occurring within the cybersecurity domain, including measures related to intellectual property. Acts of Online IP Infringement Article 9 of the draft decree notably introduces specific provisions addressing online intellectual property infringement, with detailed lists of acts considered to constitute infringement in the online environment. Copyright and related rights infringement includes: Uploading or sharing works, performances, sound recordings, video recordings, broadcasts, computer programs, software, research, documents, theses, or other intellectual creations on digital platforms without the consent of the rights holder. Unauthorized livestreaming of copyrighted television programs, sporting events, or artistic performances. Uploading, sharing, storing, transmitting, or providing links to infringing works or digital content via websites, social networks, applications, or digital platforms. Providing or using software, tools, devices, or access codes to circumvent technological protection measures or evade lawful control mechanisms implemented by rights holders. Using artificial intelligence (AI) tools to replicate the ideas or structure of another person’s work without significant new creativity or without proper attribution, thereby causing damage to the original author. Industrial property infringement includes: Manufacturing, trading, advertising, or distributing counterfeit goods bearing counterfeit trademarks, geographical indications, or industrial designs, as well as goods infringing industrial property rights through online platforms. Unauthorized registration, appropriation, or use of domain names, account names, or digital identifiers that create confusion regarding the rights holder or the origin of goods or services. Producing, using, or offering for sale products containing all or part of a patented invention via online platforms. Advertising or introducing products with technical features or characteristics identical
Read More
March 31, 2026
Vietnam’s most recent amendment of the Law on Intellectual Property (amended IP Law), passed by the National Assembly on December 10, 2025, and effective from April 1, 2026, represents one of the most significant updates to the IP Law in recent years. This amendment modernizes the IP framework, moving a step closer to international standards, while addressing the realities of Vietnam’s booming digital economy, e-commerce growth, and increasing foreign investment, which is crucial for Vietnam’s objective of complete economic transformation. For trademark practitioners, brand owners, and businesses, the changes are largely positive, as they promise faster processes, stronger enforcement tools—especially for online actions—and better commercialization options. However, they also introduce stricter requirements and a need for proactive preparation. Below are some of the most noteworthy changes in the amended IP Law related to trademarks. Significantly Shortened Timelines and Introduction of Fast-Track Examination The statutory timelines under the amended IP Law have been notably reduced: Substantive examination for trademarks is shortened from 9 months to 5 months (from the publication date). The publication period is shortened from 2 months to 1 month. A new fast-track mechanism allows substantive examination in as little as 3 months for qualifying applications (e.g., marks in actual use, facing infringement threats, or meeting government-specified criteria; details to be clarified in implementing regulations). The opposition period is shortened from 5 months to 3 months from publication. This is arguably the most welcome change. Vietnam’s IP Office has long faced criticism for lengthy backlogs, often stretching the trademark registration process to 18–24 months or more. The new timelines bring Vietnam closer to efficient systems. The fast-track option is particularly smart for high-value or urgent cases such as counterfeit threats on e-commerce platforms. However, careful preparation is mandatory for flawless applications from the start to maximize fast-track eligibility.
Read More