Design
Unlike in other national jurisdictions, in Thailand, industrial designs and invention patents are subject to the same legal provisions, set out in the Patents Act. Although the term of the design patent is 10 years from the filing date –which is less than the term of invention patent– the design patent provides the same rights and benefits to its owner.
Among the three types of patents available in Thailand, the enforcement of design patent is the easiest as the scope of protection can be established based on the drawings; whilst the scope of protection of patents and petty patents is deduced from claims presented by attorneys at law and interpreted by judges. Further to this advantage at the enforcement stage, the cost and time required to obtain a design patent are lower than for patents and petty patents.
Our team is perfectly equipped to assist you in obtaining a design registration in Thailand and enforcing your rights.
Design Registration Process in Thailand
Formal examination (6 months)
Following the filing of the application, the Thai Patent Office will undertake the preliminary examination or formality check of the application. This will ensure that all documents have been correctly filed and that the invention for which a patent is sought is within the scope of the Patent Act. If there is any formal issue, the registrar will issue an office action to ask the applicant to amend the application within 90 days.
Publication (90 days)
If the application complies with the Thai Patent Regulations, the applicant will be asked to pay the publication fee within 60 days of receiving corresponding notice. If the applicant fails to pay the publication fee in these 60 days, a second (and last) notice will be issued, granting the applicant another 60 days to process the payment. Once the publication fee has been paid, the application is published in the Thai Patent Gazette. Third parties may file an opposition against the application within 90 days from the publication date.
Novelty examination (6 to 8 months)
If no opposition is filed or if the opposition was unsuccessful, the examiner will perform the novelty examination of the application. If the registrar considers that the design application does not meet the novelty requirements, the applicant can challenge this decision before the Patent Board within 60 days of being notified of the rejection of the application.
Grant (1 month)
If the novelty examination is satisfactory, the applicant will be required to pay the issuance fee to obtain the design patent, within 60 days of receiving such notice. The design certificate will be issued in the weeks following the payment.
Access and download our Thailand Design guides to acquire basic knowledge on current rules and regulations pertaining to registration, prosecution and Design rights enforcement in Thailand.
