Patents

Patent law

Innovation is the pillar of the company's growth. It is the result of heavy financial and human investments in order to maintain a strategic competitive advantage. According to a recent ranking conducted by Clarivate Analytics, Thailand will be the third most innovative country in Asia in 2020, behind China and Japan. A company's ability to maintain its competitive advantage depends largely on its ability to protect and defend its innovations.

Legal support to protect your innovations

We help you to secure your rights on your innovations before patent applications are even considered, in particular through:

• Drafting confidentiality agreements to prevent your innovations from being disclosed by potential business partners, or any other person outside the company who might become aware of them,

• Recommendations on how to prove the ownership of your rights to your innovations, for example in the case of fraudulent filing,

• Recommendations on the most suitable legal tool to protect your innovations (patent, know-how, etc.).

Our attorneys work in close collaboration with partner patent attorneys and engineers in order to assist you:

• In assessing the patentability of your company's innovations, whatever their technical field (mechanics, chemistry, new information and communication technologies) with regard to the requirements for protection (novelty, inventive step and industrial application),

• In the drafting of your patent,

• In the filing of your patent in the countries in which the invention will be exploited. The filing of your patent can thus be carried out in Thailand at the Department of Intellectual Property (DIP) and worldwide using the Patent Cooperation Treaty (PCT) procedure.

Drafting and negotiation of contracts related to patents

Our lawyers have a solid expertise in drafting contracts related to patent law such as:

• Drafting of collaboration and research and development agreements,

• Drafting of consortium agreements,

• Drafting of patent licensing agreements,

• Drafting of patent assignment agreements,

• Drafting of know-how license agreements,

• Drafting patent co-ownership agreements,

• Drafting of contracts for the assignment of rights to an invention.

Patent infringement litigation

In the event of a dispute, JUSLAWS INTELLECTUAL PROPERTY lawyers give priority to amicable dispute resolution. In the event of litigation, they can represent you before the competent Thai courts when your patents are usurped or infringed, in particular by taking action to claim ownership or infringement.

For transnational litigation, JUSLAWS INTELLECTUAL PROPERTY attorneys work closely with international partner attorneys who specialize in patent law.

Finally, we also actively defend our clients in the context of threatened and/or actual infringement actions against them.