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Patent Validity — Prior Art Assessment Standard
Patent Holder v Invalidity Challenger
Composite summary — not a single reported case. This entry distils a settled line of Thai Supreme Court (Dika / ฎีกา) authority for legal education. It is not a transcript of one reported judgment, and the heading is not a citable case number. Do not cite it as specific case law — consult a Thai-qualified lawyer for the authoritative Dika number and current application.
Facts
Generic-side challenger filed invalidity action citing foreign prior-art publications; patent holder defended.
Legal Issue
How Thai courts assess foreign prior art for novelty and inventive-step purposes under the Patent Act.
Holding
Supreme Court has affirmed that foreign prior-art publications dated before the priority date are admissible and weighed on equivalent grounds to Thai prior art.
Reasoning
Patent Act B.E. 2522 §6 (novelty) and §7 (inventive step) refer to worldwide prior art; reciprocity and international harmonisation principles apply.
Significance
Aligns Thai patent invalidity analysis with international practice.
Practical Takeaway
Patent applicants should conduct worldwide prior-art searches; challengers can leverage foreign publications.
Cited Statutes
- Patent Act B.E. 2522 §6, §7
This entry summarises a representative line of authority from the Thai Supreme Court (ฎีกา). It is intended for general legal education only and is not a substitute for advice from a Thai-qualified lawyer. Individual Dika case numbers are being verified against primary sources; until then these entries are presented as composite doctrinal summaries.
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