Industrial Designs
Design Patents in Thailand
Design patent registration in Thailand, from design searches to filing, examination, opposition, grant and annual fees.
Overview
Protecting how a product looks
In Thailand, industrial designs are protected by design patents. A design patent protects the shape, configuration, pattern or colour composition that gives a product its special appearance, and allows the owner to act against products that copy it.
We advise product manufacturers, designers and overseas counsel on design patent registration in Thailand, from searches and filing to grant and enforcement. Clients typically instruct us when they are:
- Registering a new product design
- Claiming priority from a foreign filing
- Responding to an examination report
- Opposing a similar design application
- Facing copies of a product
- Transferring a design portfolio
What we do
Our design patent services
Design searches
Searches of registered and published design patents to assess novelty and conflict risks before filing or launching a product.
Filing
Preparation of design patent applications, including views and descriptions that clearly define the scope of protection.
Prosecution
Responses to formality and substantive examination reports, and amendments to drawings or descriptions through to grant.
Oppositions and challenges
Filing and defending oppositions against published applications, and advice on challenging the validity of granted design patents.
Filing strategy
Advice on how design patents work alongside trademarks, copyright and patents to protect a product from different angles.
Recordals and portfolios
Recordal of assignments, licences and name changes, and management of design patent portfolios across product ranges.
Choosing protection
Design patents, trademarks and copyright
A product’s appearance can be protected by more than one right. Each covers different ground.
| Design patent | Trademark | Copyright | |
|---|---|---|---|
| Protects | The appearance of a product | Signs that identify the source of goods or services | Artistic and other creative works |
| How obtained | Application and grant | Application and registration | Arises automatically on creation |
| Main requirement | Novelty | Distinctiveness | Originality |
| Term | 10 years from filing, not renewable | 10 years from filing, renewable | Generally the author’s life plus 50 years; 25 years for works of applied art |
Local practice
What to know about Thai design patent practice
Points that often affect the scope and value of design protection in Thailand.
File before disclosure
Launching, exhibiting or publishing a design online before filing can destroy novelty. Applications should be filed before products are shown publicly.
Drawings define protection
The scope of a design patent depends on the views filed. Inconsistent or unclear drawings can narrow protection or lead to objections.
One design per application
Each application generally covers one design for one product. Variations of a design usually need to be considered as separate applications.
Fixed ten-year term
Design patents last ten years from the filing date and cannot be renewed, so longer-term brand value should also be protected through other rights.
FAQs
Design patent registration in Thailand: common questions
How long does a design patent last in Thailand?
A design patent lasts ten years from the filing date. The term cannot be extended or renewed.
Can I claim priority from a foreign design application?
Yes. A Thai design patent application can claim priority from an earlier application filed in a Paris Convention or WTO member country, provided it is filed within six months of the earliest application.
Can one application cover several designs or variations?
Generally, each application covers one design applied to one product. Where a product has several variations, we advise on which should be filed and whether separate applications are needed.
Can I still protect a design after the product has launched?
Public disclosure before filing can destroy novelty, so protection may no longer be available once a product has been sold, exhibited or published. We assess the circumstances and whether other rights, such as copyright or trademarks, can still help.
Is a design patent the same as copyright?
No. A design patent must be applied for and granted, and protects the appearance of a product for ten years. Copyright arises automatically but protects artistic works rather than product appearance as such. The two can overlap, and we advise on relying on both.
Related services
Protecting a product from every angle
Trademarks
Registration of the brand names and logos under which a product is sold.
Anti-Counterfeiting
Investigations and enforcement action against copies of protected designs.
Contact the firm
Discuss your design patent matter
Contact us about protecting a new product design, an examination report, an opposition or copies of your product in Thailand.