Design patents are very popular in Thailand, among both foreign and Thai applicants alike. The purpose of a design patent is to protect the ornamental aspects or aesthetics of an article including features pertaining to the shape, configuration or pattern.

Under Thai patent law, each design patent application may contain one design. Therefore, IP holders who wish to protect more than one embodiment of a design, such as an alternate or complementary pattern scheme, must file a separate application for each embodiment.

It is important that the application includes depictions of the design from several perspectives, both two-dimensional and three-dimensional, such as: front view, back view, right view, left view, bottom view, top view and perspective view.

These views can be either drawings or pictures of the product.

The design of Crocs ® shoes applied to mobile phone case and The actual product

Commensurate with the potential earnings from successful commercialization of a design patent, by virtue of the patent’s monopoly, the requirements to for design patent protection are relatively high, compared to copyright protection.

The two requirements for design patent protection in Thailand are that the design must be novel, and the design must be capable of industrial application.

Thai law requirements for novelty in design patents are the same as those required for other types of patents.
The novelty requirement is the most essential requirement for all three types of patents protected in Thailand. Thai law specifies that an invention is not new if it forms part of the state of the art, which includes the following inventions:

• an invention which was widely known or used by others in the country before the date of application for the patent;
• an invention the subject matter of which was described in a document or printed publication disclosed to the public in Thailand or in a foreign country before the date of application for the patent (for example in a scientific magazine or thesis);
• an invention for which a patent was granted in Thailand or overseas;
• an invention for which a patent was applied in a foreign country more than 18 months before the patent application date in Thailand;
• an invention for which a patent was applied in Thailand or a foreign country and the application was published before the date of the application in Thailand.
  

It should be noted that in evaluating whether an invention is new, the Patent Examiner will not only consider inventions already granted protection in Thailand, but will also perform a novelty check in international patent databases and check patents granted overseas. More and more frequently, the Examiner also conducts searches in non-patent literature (publications, studies and information available online) for the purpose of verifying novelty. It is imperative that patent owners wishing to apply for protection under Thai law ensure that the patent is not disclosed, except with appropriate non-disclosure agreements, prior to the application date. Any prior disclosure or exposure that falls under the “state of the art” definition risks jeopardizing the patent applicant’s rights to the patent.

The requirement of industrial application is usually easy to meet as Thai Patent Examiners have a broad interpretation in this regard. Any invention is deemed capable of industrial application if it can be made or used in any kind of industry, including handicrafts, agriculture and commerce. NB – However, inventions capable of only academic or theoretical application without industrial impact would not qualify under this requirement.

Below a simplified overview of the national patent registration procedure for design patents in Thailand.
It is important to note that Design Patent applications are substantially examined in Thailand and that therefore design patent applications must satisfy the condition of novelty.

Currently, is not possible to obtain patent protection for partial designs in Thailand. However, it is anticipated that changes will be enacted to provide protection for partial designs in the future, given the increasing importance of design in the Thai economy.

Thailand is not currently a member state to the Hague International Design System, an international filing system for design protection registration through the WIPO similar to the PCT system for patents. Membership in the Hague System is envisaged as for Thailand as part of the new patent and design patent law foreseen in 2021.