Navigating Industrial Design Protection and Registration in Thailand

Industrial Design Protection and Registration Procedures in Thailand

Thailand’s growing manufacturing and creative industries have made the protection of industrial designs increasingly important. The Department of Intellectual Property (DIP), under the Ministry of Commerce, oversees the registration and administration of design patents. This article provides a comprehensive overview of the filing requirements, procedural steps, and post-grant obligations for industrial design applications in Thailand.

Authority: 

• Department of Intellectual Property (DIP), Ministry of Commerce, Thailand, www.ipthailand.go.th

Terms of Protection:

• Initial protection lasts for 6 years and can be renewed twice, each time for 2 years, allowing a maximum protection period of 10 years.

Filing Deadline:

• For Paris Convention design filings, the Thai application must be submitted within 6 months from the earliest priority date.

Required Documents:

• Representations / Pictures
• Brief Description
• Power of Attorney (original, notarized but not legalized)
  • The Power of Attorney must include a date on or before the Thai filing date. It can be submitted within 90 days from the filing date, subject to a late submission fee of THB 50 (plus 7% VAT).
• Certified copy of priority document (original, DAS not accepted)
• Ownership Statement / Employment Statement / Priority Assignment (original, no notarization required)
• Company Registration Certificate or Articles of Incorporation

Process & Procedure:

The DIP conducts formality examination and substantive examination for industrial design patent applications. Multiple designs are not allowed in a single application. The required documents include design drawings or photographs, a statement of the product’s purpose, and a declaration of the scope of protection. The application may be submitted in any language, but if not in Thai, a Thai translation must be submitted within 90 days from the filing date. The design only needs to meet the requirements of novelty and industrial applicability.

• The DIP firstly conducts formality examination for industrial designs, with an average duration of 1 year.
• After completion of the formality examination, the DIP will issue a publication notice. The applicant must pay the publication fee within 60 days from the date of receiving the notice. If the payment is not made within this period, the DIP will grant one more opportunity. If the applicant still fails to pay within 60 days after receiving the second publication notice, the patent application will lapse.
• Once the applicant has paid the publication fee, the design will be published for 90 days. During this period, any third party may file an opposition. If no opposition is filed within this time, the published industrial design application will automatically proceed to substantive examination, and the applicant does not need to file a separate request.
• For designs that meet the granting requirements, the DIP will issue the registration certificate upon payment of the grant fee. The average time to grant is between 18 and 24 months.

Grace Period for Novelty:

• A 12-month grace period is available for designs disclosed at international or Thai government-approved exhibitions. The application must be filed within 12 months from the date of disclosure to maintain novelty.

Grant and Renewal Maintenance Fee: 

• The 1st annuity fee becomes due at the beginning of the 5th year from the filing date. If the patent is granted in the 5th year, payment must be made **within 60 days** of the grant date. A 120-day grace period applies for late payments. Applicants may also choose to pay multiple years in advance.

Granting Time:

• The average time from application to grant for an industrial design in Thailand is approximately 2–4 months after completion of the publication and examination phases.

Conclusion

Thailand’s industrial design system emphasizes procedural clarity and efficiency, supported by its electronic filing infrastructure. By ensuring timely submission of documents, translations, and fees, applicants can secure protection for their designs within a predictable timeframe. For innovators and businesses seeking to safeguard their product aesthetics in Southeast Asia, Thailand remains a strategic jurisdiction offering strong and reliable design rights.