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The Use of Prosecution History of Foreign Counterpart Patents to Make In-Depth Analysis of Thai Patents |
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| รหัสดีโอไอ | |
| Creator | Jade Donavanik |
| Title | The Use of Prosecution History of Foreign Counterpart Patents to Make In-Depth Analysis of Thai Patents |
| Publisher | คณะนิติศาสตร์ มหาวิทยาลัยนเรศวร |
| Publication Year | 2566 |
| Journal Title | วารสารนิติศาสตร์ มหาวิทยาลัยนเรศวร |
| Journal Vol. | 16 |
| Journal No. | 1 |
| Page no. | 69-92 |
| Keyword | Patent, Prosecution History Estoppel, Disclaimer, Evidence, Counterpart Patent, Patent Litigation |
| URL Website | https://www.tci-thaijo.org/index.php/lawnujournal/index |
| Website title | https://so04.tci-thaijo.org/index.php/lawnujournal/article/view/257922 |
| ISSN | 1906425X (Print), 24653829(Online) |
| Abstract | Patent prosecution is a procedure in which a patent is sought through the interaction between the examiner and the applicant in the course of the process starting from submission of a patent application and ending with decisions of the patent office, which may be a rejection or an approval of the application. The information recorded from filing to rejecting or granting is crucial to the faith of a patent or an application in a rejection, the applicant can utilize the information for petition of disagreement, and in an approval, the patentee can use said information to enforce the patent, whereas the competitors can make use of it to invalidate the patent. All the information from the commencement to the end of prosecution, especially the communication between the applicant and the examiner is stored in a file called in some jurisdictions such as the United States as prosecution history an important source for the patentee to protect her patent and the competitors to secure public interest. The recording of patent information in the United States is very comprehensive, whereas, said information recorded in Thailand lacks the details to provide guidelines to each patent sought to be studied; consequently, the use of prosecution history or file wrapper from foreign countries such as the United States to learn about the background of Thai patents asserting to have foreign counterpart patents will be useful to make in-depth analysis of the Thai patents said to have such foreign counterpart patents. The research leading to this article, therefore, studied the gist of prosecution history as well as related aspects together with Thai patents with foreign counterpart patents in order to point out the usefulness of prosecution history or file wrapper from foreign counterpart patents to interested parties including courts in the analysis of Thai patents. |
