Patent evaluation for using as collateral

Abstract

The purpose of this thesis is for studying the problems of Patent evaluation using as collateral under Business Security Act B.E. 2558 to help entrepreneurs getting to financial resource. This study is about the comparative analysis and proposing the solutions of Patent evaluation issue. Moreover, the related organization may use this thesis when patent is used as collateral under Thai law which can compare the issue with the International laws for being the same level of international practice. The aim is to make the patent evaluation more reliable, effective and impartial.

            Thailand is categorized in the Developing countries group that especially must have the economic expansion in the international negotiation stage so the important factor is using intellectual property issue to get more advantages in balance of trade and economic part, particularly the patent issue such as in case of protection period maximization on chemical patent. Besides, patent may protect the invention and new innovation, it also add the value of products and services along with producing a lot of income to inventors. Thai government has enacted Business Security Act B.E. 2558 that became effective since July 2^nd  , 2016 for  driving Thai economy forward with innovation , at the same time , those may help entrepreneurs, inventors, researchers or creators reaching to financial resource for developing their products.Moreover ,the financial resource is very important to patentee by using patent , person or valued property as collateral for securing the debt to creditors.

            According to the study showed that there are many kinds of collateral such as bank account , commercial paper or warehouse receipt. However , the most reliable collateral for financial institutions is land so , the process of using the collateral will be very simple because land is economical valued immovable property and the evaluation is provided by the government agency  , The Land Department or The Treasury Department. Moreover , at the present , the specific plot can be evaluated and the evaluation guideline will be updated in every four years. Despite , the intellectual property evaluation , especially patent , there will be only private company , evaluation business, but there is no government agencies involved as United Kingdoms , Korea , Singapore , Malaysia and China. Although , the patent using permission or patent transferring can make income to the owner but the ambiguous regulation of evaluation is the point so many financial institutions or creditors are not surely secure then the patent will not be chosen as collateral . In addition , as mentioned , the Act has already imposed that intellectual property may be legally used as collateral however , creditors are still lack of securement in the collateral so there may not be following the aim of the Act and that may be affected to Thailand as the part of economic development with innovation.

Although , Business Security Act B.E. 2558 has imposed that patent is the one of collateral which can be used under the Act but there are still some ambiguous part that affected to the collateral using of patent. For example , The enforcement of this collateral under the Act , there is no specific regulation including no specialist in each kind of intellectual property evaluation.

            As mentioned obstacles,this author would like to suggest the solution by enacting the Intellectual property Evaluation Act to support the Business Security Act B.E. 2558  for more effective enforcement and ruling the patent evaluation in the same standard level that may help security creditors getting more securement and security provider may also access to the financial resource simply for making better and competency  in their businesses as the aim of enacting the latest Act. To harmonize with the intellectual property reform plan in marketing and commercial using issues , there would be organized the government agency which is responsible for intellectual property evaluation for purposing the related regulations and methods of evaluation then let the private company involve as the service organization which under the control of government agency.