Patent Act Section 36 — Patentee's exclusive rights and exceptions

Only the patentee may, for a product patent, make, use, sell, hold for sale, offer for sale or import the product, and for a process patent use the process and make, use, sell, hold for sale, offer for sale or import products made by it. Exceptions include acts for study, research or experiment that do not conflict with the patentee's normal exploitation or unreasonably prejudice the patentee's legitimate interests; prior good-faith users; extemporaneous preparation of medicine on a prescription; acts to register a drug for sale after the patent expires; use of patented equipment on vessels, aircraft or vehicles of countries party to an international convention or agreement on patent protection to which Thailand is also a party, when they are in the Kingdom temporarily or by accident (for a vessel, only where the equipment is needed for the vessel); and products the patentee has authorised or consented to be made or sold. Section 36 bis: the scope of protection is set by the claims, read with the description and drawings.