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1. Legislations:
Thai Patent Act B.E. 2522
2. Definition:
“Design” means any form or composition of lines or colors which gives a special appearance to a product and can serve as a pattern for a product or handicraft.
3. Criteria:
A patent may be granted under this Act for a new design for industry, including handicrafts. The following designs are not new:-
– a design which was widely known or used by others in this country before the filing of the application for a patent;
– a design which was disclosed or described in a document or a printed publication in this or a foreign country before the filing of the application for a patent;
– a design which was published under section 65 and section 28 before the filing of the application for a patent;
– any design so nearly resembling any of the designs prescribed in (1), (2) or (3) as to be an imitation.
4. Rule of Priority:
An Industrial Design Application must be filed within 6 months from its priority date.
5. Duration and Renewal:
A Registered Design can last for an initial period of 10 years from the date of filing of the application in Thailand. Annuity fees must be paid from the 5th year onward until the 10th year.
1. Legislations:
Thai Patent Act B.E. 2522
2. Definition:
“Design” means any form or composition of lines or colors which gives a special appearance to a product and can serve as a pattern for a product or handicraft.
3. Criteria:
A patent may be granted under this Act for a new design for industry, including handicrafts. The following designs are not new:-
– a design which was widely known or used by others in this country before the filing of the application for a patent;
– a design which was disclosed or described in a document or a printed publication in this or a foreign country before the filing of the application for a patent;
– a design which was published under section 65 and section 28 before the filing of the application for a patent;
– any design so nearly resembling any of the designs prescribed in (1), (2) or (3) as to be an imitation.
4. Rule of Priority:
An Industrial Design Application must be filed within 6 months from its priority date.
5. Duration and Renewal:
A Registered Design can last for an initial period of 10 years from the date of filing of the application in Thailand. Annuity fees must be paid from the 5th year onward until the 10th year.
1. Application
Every design application has to be filed.
2. Preliminary Examination
A preliminary examination of the application is done to test the compliance of legal requirements. The applicants may also be required to produce additional documents or materials within 90 days.
3. Publication
If the examination is completed and the invention appears patentable it will be published in the Gazette.
4. Opposition
A substantive examination will be conducted by the examiner if no opposition has been expressed within 90 days of publication.
5. Substantive Examination
No request for substantive examination is made for the registration of designs.
6. Registration
A certificate will be issued upon payment of the issuance fee.
The following information and/or documents are required to file an application for an industrial design application in Thailand:-
1. Application form
a) Name and address of the applicant;
b) Name and address of the designer (if different from applicant)
c) Country and filing particulars of application whose priority is claimed;
d) Deed of Assignment is required when the applicant is not the designer.
2. Power of Attorney.
3. Drawings.
4. Priority documents and certified English translation (if necessary) of the priority document.
Application Fees
ITEMS | OFFICIAL FEES (USD) | PROFESSIONAL FEES (USD) |
|---|---|---|
1. Filing Application | 9 | 550 |
2. Claiming Priority | 2 | 144 |
3. Publication | 9 | 257 |
4. Issuance of Certificate | 17 | 200 |
** Multiple application is available.
Maintenance Fees
ITEMS | OFFICIAL FEES (USD) | PROFESSIONAL FEES (USD) |
|---|---|---|
5th year | 500 | 220 |
6th year | 650 | 220 |
7th year | 950 | 220 |
8th year | 1400 | 220 |
9th year | 2000 | 220 |
10th year | 2750 | 220 |
Basic Requirements
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Power of Attorney | Signed by applicant and notarized by a Notary Public | On filing date |
Deed of Assignment | (if applicable) Signed by applicant and notarized by the Notary Public | On filing date |
Drawings/Photographs | 7-view orthographic drawings or photographs (must exhibit white background and be in grayscale) – front, back, left, right, top, bottom and perspective view | On filing date |
Additional Documents for Claiming Convention Priority
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Priority documents | Certified | 2 months from filing |
