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Industrial design registration in Thailand

Industrial design plays an important role in identifying and differentiating goods in the Thailand market, a potential market for the consumer manufacturing industry. In the following article of Viet An Law, we will present an overview of industrial design registration services in Thailand.

Legal basis

  • Patent Act in Thailand 1999, BE 2522, as amended by Patent Act (No. 2) BE 2535 and Patent Act (No. 3) BE 2542.

How is industrial design in Thailand defined?

Design is a form of creativity in the form of the physical appearance of a product a constituent element of a design or the color of a design that makes a difference from other designs. previously created.

Similar to the protection mechanism in the U.S., industrial designs in Thailand are also protected in the form of patents, called Design patents, governed by the Patent Act. This is an object with a similar protection mechanism to industrial designs in Vietnam, the only difference is the name of the object and the name of the protection certificate.

Of the three types of patents available in Thailand, protection of industrial design patents is the easiest because the cost and time of registration are lower and the scope of protection can be established based on the original patent. draw. Meanwhile, the actual scope of patent and utility protection is difficult to determine and is often inferred from claims filed by lawyers and interpreted by judges.

An industrial design protection title is an important document issued by the Department of Intellectual Property of Thailand (DIP) to protect industrial designs that are suitable for protection conditions.

Process of industrial design registration in Thailand

The registration of industrial design protection in Thailand goes through the following main steps:

  • Filing application: Submit an industrial design application at the DPI with an official filing fee on the filing date.
  • Formal examination or preliminary examination of the application: takes place within about 6 months from the date of receipt of a valid application. Additional requests to amend the application are made by the applicant within 90 days.
  • Publication of an industrial design application: Payment of the publication fee is required within 60 days from the date of receipt of the corresponding notice (late submission, but not more than 120 days, will incur additional fees). Within 90 days from the time of successful payment, the application will be published. Third parties may file an objection to the application within 90 days of publication.
  • Substantive examination: takes place within 6 to 8 months from the date of publication from the date of publication by the Patent Office of DIP. Where the registry has grounds and has issued a notice of its intention to reject the application, the applicant may object to the above decision within 60 days. The objection review will take place between 10-18 months.
  • Make a decision to grant or refuse to grant a protection title. The applicant pays the degree fee within 60 days of receiving the notice.
  • Industrial design protection title: within 15 days from successful payment.

Therefore, the total time to carry out the industrial design registration process in Thailand is from 16 to 24 months. However, in reality, this time may be longer depending on the DIP’s ability to process the application and complaints, objections, and additions that arise during the application process.

Application dossier

An industrial design application dossier must include the following documents:

  • Industrial design description: clearly describes the 7 sides of the design.
  • Indicates the product in which the design is used (when the description is not clear).
  • Summary of protection claims.
  • Other documents:
    • A copy of the assignment contract if the applicant is not the creator of the industrial design.
    • Copy of signed declaration of rights of the applicant if the applicant is the creator of the industrial design.
    • Notarized Power of Attorney for Industrial Property Representative in Thailand (for foreign applicants).
    • A certified copy of the application for priority rights is valid within 6 months from the date of filing the application abroad.

Note: The latest deadline for submitting the above additional documents is within 90 days from the date of filing the industrial design registration application.

Language: Thailand.

Term of protection title

  • From 2020, the protection term of industrial design patents in Thailand will be increased to 15 years from the filing date (an increase of 5 years compared to the previous regulation), which cannot be extended but must pay a maintenance fee (in Vietnam, no maintenance fee is required)

Registration fee

According to data provided by intellectual property agents in Thailand, we summarize the following average reference price lists:

Service  Professional fee Professional fee fees
Design Patent Application 250 – 350 9
Late filing of formal documents (if any) 50 – 100 2
Priority claim 100 – 140 2
Urgent filing 60 – 100
Publication 80 – 120 9
Suspension of publication 100 – 200 2
Granting fee 80 – 120 18

Unit: USD

Note:

  • The above price list does not include 7% VAT in Thailand.
  • Excluding document translation fee, fee for checking the accuracy of translation into Thailand, and translating specification into Thailand.

Some questions related to the industrial design registration in Thailand

Does Thailand use the Locarno Industrial Design Classification?

Yes. Although not yet an official member of this Agreement, DIP has still used this classification since 1990 for similar registration in Vietnam.

How can Vietnamese people register industrial designs in Thailand?

For foreign applicants, Thailand law is similar to Vietnamese law, requiring them to apply through an intellectual property representative legally registered in Thailand to proceed with the application procedure.

The applicant will conduct the trademark registration procedure at DPI responsible for receiving and processing industrial property protection claims. Current DPI application forms use:

  • DPI’s E-Filing System ;
  • Submit directly at DPI.
  • File an international application through the Hague system.

How is the maintaining fee for an industrial design in Thailand calculated?

This is different from industrial design protection titles in Vietnam. Because protection is based on the mechanism of invention, industrial designs in Thailand also need to pay fees to maintain exclusive protection.

The maintenance fee in Thailand is regulated as follows:

Year Maintenance fee Late payment amount (paid within 120 days after the end of the protection year)
5th year 14 18.6
6th year 18.6 24.2
7th year 27.2 35.3
8th year 40 52
9th year 57.2 74.3
10th year 78.6 102.2
Full payment 214.4

Unit: USD

Refer to updated fees on DIP’s website:

https://www.ipthailand.go.th/en/design-patent-006.html

Industrial design registration service of Viet An Law in Thailand

  • Consulting, searching, evaluating usability, and registering for protection of industrial designs in Thailand;
  • Monitor the registration process in Thailand;
  • Representing clients throughout the entire process of establishing rights and responding to official correspondence in Thailand regarding industrial design registration;
  • Consulting and implementing services to maintain the validity of industrial design protection certificates granted in Thailand;
  • Registration of an international industrial design by application of the Hague Designation of Thailand.

If you need to apply for industrial design registration in Vietnam or abroad, please contact Viet An Law for the most effective support.

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