Introduction to

IP Management

Presented by
Department of Intellectual Property
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Innovation
•Product Innovation •Process Innovation
Cell Phone and TV How car manufacture makes cars
(Machine)

•Service Innovation •Concept Innovation

Uber and Grab Sufficiency Economy

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INVENTOR VS INNOVATOR

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SME or Startup
SME Startup
• Small and Medium Enterprises • Company with business model that
supports innovation!
• Production
• Limited people with growth strategy
Employee <200, Income <500m thb
• Solving pain points on certain industry
• Product/Service
• Character
Employee <100, Income <300m thb
Innovative, Disruptive, Problem Solving,
Fast Growing

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Outline  Intellectual Property

 Types of IP

 IP System

 Trademark

 Design Patent (Industrial Design)

 Invention Patent / Petty Patent

 The Importance of Patent Search

Copyright
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What is Intellectual Property?
“ Intellectual Property (IP) is something produced using human intellect which has commercial value”
refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names
and images used in commerce.
Or simply defines that is a work or invention that is the result of creativity, to which one has rights and for
which one may apply for a patent, copyright, trademark , etc.

Why Do You should protect your IP?

• Stop others using what you’ve created (design, product or process) without your permission
• Exclusivity can demand higher sales prices
• Generate income by licensing
• Attractive to investors
• Possible to arrange for IP valuation and borrowing against IP rights
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 Geographical indications are signs
used on goods that have a specific
geographical origin and possess qualities, a
reputation or characteristics that are essentially
attributable to that place of origin. Most
commonly, a geographical indication includes
Copyright is a legal term used the name of the place of origin of the goods.
Trade secrets are IP rights on
to describe the rights that creators confidential information which may be sold or
have over their literary and artistic licensed. The unauthorized acquisition, use or
works. Works covered by copyright disclosure of such secret information in a
range from books, music, paintings, manner contrary to honest commercial
sculpture and films, to computer practices by others is regarded as an unfair
programs, databases, advertisements, practice and a violation of the trade secret
maps and technical drawings. protection.

Types of IP
A trademark is a sign capable A patent is an exclusive right granted
of distinguishing the goods or for an invention. Generally speaking, a patent
services of one enterprise from those provides the patent owner with the right to
of other enterprises. Trademarks date decide how - or whether - the invention can
back to ancient times when artisans be used by others. In exchange for this right,
used to put their signature or "mark" the patent owner makes technical
on their products. An industrial design constitutes information about the invention publicly
the ornamental or aesthetic aspect of an available in the published patent document.
article. A design may consist of three-
dimensional features, such as the shape or
surface of an article, or of two-dimensional 8
features, such as patterns, lines or color.
Types of
Intellectual
Property

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Summary of the IP system
Copyrights Trademarks Designs Patent Invention Patents Petty Patent

Term Generally life Renewable Up to 10 years Up to 20 years from 6 years from filing date
plus 50 years 10-year period filing date (be extended for 2
periods, each period shall
be valid for 2 years)
Protection Automatic, apply Apply nationally Apply nationally Apply nationally Apply nationally
internationally (but
registration can be sought
in Canada)
Protects Copying, reproducing Use Use, sale, import, Use, sale, import, Use, sale, import,
against manufacture, offer for manufacture, offer for manufacture, offer for
sale sale sale
What is Original literary, artistic, Identity of your Visual appearance of a Inventions Inventions
protected musical and dramatic products and product:
works, and other subject services: words, ornamentation, shape,
matters: sound recordings, symbols and designs pattern, configuration
performances,
communication signals 10
 The IP behind the Ziploc
Trademark Invention Patent
US7850368B2
US Reg.No. 6272851 (Closure device for a reclosable
pouch)

US Reg.No. 6262300
US7137736B2
US Reg.No. 6152315 (Closure Device for a Reclosable
Pouch)

US Reg.No. 5259175 US11046485B2

(Storage bag with features to facilitate

Design Patent
sealing and unsealing of the bag)

USD723384S1 USD903503S1 USD724955S1 US9919846B2

(Storage bag) (Storage bag) (Storage bag) (Hinged slider for a closure assembly)

US11230413B2
US9516927B2 (Microstructure connecting mechanism and
(Hinged slider for a closure plastic storage bag with microstructure
assembly) closure mechanism)
USD542651S1 USD490706S1 USD837831S1
(Ribbed slider for (Slider for a (Slider)
reclosable bags) zippered bag)
US8926179B2
US7797802B2 11
(Closure mechanism with multiple
(Actuating member for a closure
frequency feedback)
assembly and method)
Trademark

• Every products and services

have a trade name
• Able to use
• Not all can be protected

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 Trademark
A photograph, drawing, word, name, brand, letter, device, signature, combination of shape , or a
combinations of colors, shape or configuration of an object or any one or combination thereof. It
is used or proposed to be used or in connection with goods to distinguish the goods and
services with which the trademark of the owner of such trademark is used from goods under
another person’s trademark.

• A trademark is any sign which can distinguish the goods of one trader from those of
another. Sign can be included word, name, brand, letter, drawing, photograph,
shape, color or a combination of these.

• A trademark is used as a marketing tool so that customers can recognize the product
of a particular trader.

• To register a trademark , the mark must:

 Distinctive and not be prohibited by law or contrary to morality
 Not identical or similar to a trademark registered for the same or similar goods 13

 No direct reference to the character or quality of the goods and service

• A trademark shall have a term of ten years from the date of registration 13
Trademark

Trademark Service Mark Certification Mark Collective Mark

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Trademark
Customer can recognize the goods or service by any sign
such as words, name, photograph, shape, color or
combinations of these.

 Distinctive and Not be prohibited

 Not similar to a trademark registered

 Not refer to goods and service

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 Different Type of Trademark

Shape
Symbol

Letter
Slogan

Name Color
Word
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 Combination of Trademark
Word Symbol
Shape Color

Letter Slogan
Name

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 Trademark Distinctiveness spectrum
Weak
01 Generic mark

02 Descriptive mark

03 Suggestive mark

04 Arbitrary mark

05 Fanciful mark
Strong
Can you
recognize these goods or service ?

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History of Popular Trademark

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Madrid Protocol : Protect your Trademark Globally
Have TM in your home country before having this one
Provide international protection

• International treaty
administered by WIPO
• Simple way to obtain and
maintain registration of TM
in multiple jurisdictions
through a single office
• Coverage up to 128
countries

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 Patent
Visual appearance
of Product
Invention

Design Patent Invention Patent

… any shape or composition of lines or colors Petty Patent

which gives three/two-dimensional features…
…a new product or process, or any
improvement of a known product or process…

Product described and claimed by Product or Process described by text

picture, drawing or model. and drawing which is claimed elements
by function , special feature or means.
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“Process Procedure Mechanism”
 Design Patent Invention Patent Petty Patent

Product : Chair
Product : Chair

Product : Package
Product : Package

Process : Method of freeze drying

Design patent cannot be claimed a process.

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 Design Patent (Industrial Design)
“Design" means any form or composition of lines or colors which gives a special appearance to
a product and can serve as a pattern for a product of industry or handicraft.

 Be New (therefore searching is important for this and to

prevent infringing)
 Don’t prescribed by a Royal Decree
 Not be contrary to public order or morality
 Have a term (rights protection) of 10 years from the date of
filing

Following designs are not new:

• Widely known or used by others in the country before the

filing date of application
• Disclosed or described in a document or a printed publication
in the country or a foreign country before filing date
• Published application before filing date
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Design patent
Product consists of feature such as shape, form, lines, patterns, color or
combination of these.

Novel: must be new, not be widely know or used

Be capable of industrial application:

functional and operative

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 Invention Patent / Petty Patent

Invention Patent also known as Patent

Patent Petty Patent

A patent is an exclusive right granted for A petty patent may provide an exclusive right
an invention or innovation which involves published and registered for an invention
highly advance and complicated which is used for ideas involving new or different
technologies. creativity.

Different between Patent and Petty Patent :  Technology used for inventing
 Examination system for invention
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Invention Patent / Petty Patent

New inventions or any new and useful improvement of an existing invention

Patent Petty Patent

Novel: must be new, not be widely know or used

Involve in an Inventive: not be obvious to

someone of average skill in the field of invention (a person Not required
ordinary skilled in the art)

Be capable of industrial application:

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functional and operative
What can be patented?
“...any innovation or invention which creates a new product or process, or any improvement
of a known product or process...”

Invention
Method Process Device Manufacture Equipment

System Product Instrument Composition

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Do all inventions can be patented ?
Unpatentable Invention

Section 9: The following inventions are not protected

under Patent Act:

 Naturally occurring microorganisms and their

components, animals, plants or extracts from animals or
plants;
 Scientific or mathematical rules or theories;
 Computer programs;
 Methods of diagnosis, treatment or cure of human and
animal diseases;
 Inventions contrary to public order, morality, health or
welfare.

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How to get the Patent?

- Drafting the Description,

Claim, Abstract, Figure (if any)
- Name the Title of Invention Filing
- Type of patent system
- Protection period Drafting - Filing correctly and
- Align with your Analysis & completely document
objectives
Evaluation
Identify & - Searching for a previous related invention
Selection
Understand - Patentability e.g., novel, inventive step,
industrial application
Invention
- Strongest point or distinct function/means
- Getting the
overview and details
of your inventions 29
Weakness of getting patent

DO!
Intensive searching for a previous related invention to
evaluate novelty of invention in global database and - Drafting the Description,
Claim, Abstract, Figure (if any)
data published in Thailand database.
- Name the Title of Invention Filing

Drafting - Filing correctly and

- Type of patent system
completely document
- Protection period Analysis &
- Align with your objectives
Evaluation
Identify &
Selection Beware!
Understand Searching for a previous related invention only published in Thailand.
Invention
- Getting the overview and Do not!!!
details of your inventions
Does not search for related invention in any database!!!
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The Importance of
Patent Search

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Commercial Patent Databases

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Who Benefit from Patent Search?
• Researchers and Inventors
• Investors
• Entrepreneurs

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WIPO Technology Trends 2021 :
Assistive Technology

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 Literary Works Dramatic Works Work of Arts Musical Works

Copyright protects your works NOT ideas

Audio Visual Works Movie Works Sound Recordings Broadcasting Works

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Other Types of Art Works

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Worldwide copyright protection
 Frequency Misunderstanding

All IPs Copy right e.g. Trademark Copy right

Patent Copy right

Trademark should refer or describe to goods and service.

Title of invention (Patent/Petty patent) is included in an exclusive right granted for invention.

Everything can be an invention. Every invention can be filed as Patent/Petty patent.

Data of Patent/Petty patent shall be kept secret. No one can be known any detail.

Patent/Petty patent can be claimed design or feature without function.

All disclosure in Patent/Petty patent are protected under Patent Act.

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Frequency Misunderstanding . . . Corrected your understanding ?

All IPs Copy right e.g. Trademark Copy right

Patent Copy right

Trademark should not refer or describe to goods and service.

Title of invention (Patent/Petty patent) is not included in an exclusive right granted for invention.

Something can be an invention. Some invention can be filed as Patent/Petty patent.

Data of Patent/Petty patent shall be published. Everyone can be known all detail.

Patent/Petty patent cannot be claimed design or feature without function.

Only in claim disclosed in Patent/Petty patent is protected under Patent Act.

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WHO
WE
ARE
?
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IPAC

@ip_ipac

ip_ipac

@ip_ipac
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Department of Intellectual Property
Intellectual Property Advisory Center (IPAC)
563 Nonthaburi Road, Bangkrasor, Muang Nonthaburi, Nonthaburi 11000
Tel. 02-547-5026 email: ip.ipac.th@gmail.com
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