How to get Thai Design (in English)

 In Thailand, the provisions of Design are regulated under the Patent Act 1999 (from Section 56 to 65 ).Therefore there is not separated as Design Act in Thailand. 

(Before Filing Registration)
1-1　Who is able to file the registration ?
1-2　What information shall be prepared by applicant before registration ?
1-3　What is the power of attorney attached the document by a notary public ?

(Design )
2-1 What are the main requirements for registration of Design registration ?
2-2 What Designs are not patentable?
2-3 Can we file one registration which concludes several Designs?
2-4 Can we file registration of which Design is a part of product ?
2-5 Can we use the drawing which we have used for registration in foreign country before ?
2-6 What kind of points do we have to be careful of when we prepare drawings of Design ?
2-6-1 If we use photo drawings to show our Design, what kind of point do we have to be careful of ?
2-6-2 If we make patent design drawings with a pen, a ruler and any instrument to show our Design, what kind of point do we have to be careful of ?
2-7 What shall be written in the claim of Design ?
2-8 What shall be written in the description of Design ? 

(Priority)
3-1 What is the main requirement to claim priority? (For example, the period, the documents and so on)
3-2 What qualifications are required to the applicant who wants to claim the priority?
3-3 What about the circumstances of treaty in the world which Thailand is a member?
 
(Procedures)
4-1 How about the procedure of registration after filing documents?
4-2 If we received the order of amendment, what shall we do ?
4-3 If we received the order of refusal, what shall we do ?
4-4 When is the publication of Design published?
4-5 When can we appeal the opposition ? And, are there any special conditions to appeal ?
4-6 Are there a system of request for examination about Design ?
4-7　In the case where we file a Design application more than one country over Thailand, and if we got the result of application about it in the said country before getting it in Thailand, is it necessary to inform the registration about it to the Department of Intellectual Property in Thailand ?
4-8　How do we have to inform the result of the foreign country’s examination when we knew it ? 
4-9 How about the procedure after receiving the order of registration ?
4-10 What is the next procedure after registration of Design ?

(Design Right)
5-1 How many years do we have a Design right ?
5-2 Is it possible to renew the right of Design ?

(Contact us)

(Before Filing Registration)

1-1　Who is able to file the registration ?
Pursuant to the section 14 of the patent Act 1999, the applicant must be a national of Thailand , or of section of 14 (2) he must be a national of country which allows Thai national to apply for patents. 

1-2　What information shall be prepared by applicant before registration ?
The following information are necessary to prepare:
(1)applicant name (2)nationality of applicant (3)the address of the applicant (4)legalized or notarized power of attorney (Please refer to 1-3) (5)deed of assignment (If there is an assignment about the right) (6) Design drawings (Please refer to 2-6) (7) Claim of Design (You or our office will provide. Please refer to 2-7) 

1-3　What is the power of attorney attached the document by a notary public ?
In the case where the applicant is a foreigner, the applicant must have agent in Thailand. The power of attorney is filed and notarized by a notary public or legalized by the Royal Thai Embassy/ Consul in the case there is no notary public in that country , showing that the applicant has the power to apply for registration in Thailand. In addition, the Thai/ foreign applicant has to appoint an agent who has only been registered with Thai patent office. 

(Design )
2-1 What are the main requirements for registration of Design registration ?
Pursuant to the section 56 of the patent Act 1999, Design shall be a new industrial and handicraft Design. And, in the section 57, the following Designs shall not be deemed to be new:
(1)a Design widely known or used in this country prior to the date of the patent application
(2)a Design of which the representation, essentials or specification were disclosed in a published document or printed matter, whether in his or a foreign country, prior to the date of patent application 
(3)a Design which had been published under Section 65 and 28 before the filing of the patent application
(4)a Design which so nearly resembles any of the Designs prescribed in (1),(2)or(3) as to appear to be an imitation 

2-2 What Designs are not patentable?
 Pursuant to the section 58 of the patent Act 1999, the following Designs are not patentable:
(1)  Designs that are contrary to public order or morality, for example, Designs which doesn’t respect royal family or religion
(2)  Designs proscribed in Ministerial Regulation (There haven’t been any Ministerial Regulation yet) 

2-3 Can we file one registration which concludes several Designs?
No. Each Design application shall relate to a Design for use with only one kind of product. 

2-4 Can we file registration of which Design is a part of product ?
Yes. However, you don’t have to write a whole Design of product, only to write a part of Design of which you want to claim the right. 

2-5 Can we use the drawing which we have used for registration in foreign country before ?
It depends on the country if it is possible to use it again. So, please contact us.

2-6 What kind of points do we have to be careful of when we prepare drawings of Design ?
The following points are necessary when you make drawings:
(1)  The size of paper shall be about 21centimeters wide and about 29.5 centimeters long (size A4) . And you can use the paper vertically or horizontally.
(2)  It shall be a technical drawing with pen, ruler and Instruments (Please refer to 2-6-2 ), or photo drawings (Please refer to 2-6-1).
(3)  The drawing shall be concluded a front side view, a rear side view, a right side view, a left side view, a top side view, a bottom side view and a perspective view of the drawing.
(4)  The drawing shall express only the surface of the goods, not to show the inside of it.
(5)  You shall not write the words or sentences in the drawing.(If there are some description about the drawing, you shall write it as the description of the Design. Please refer to 2-8 ) 

2-6-1 If we use photo drawings to show our Design, what kind of point do we have to be careful of ?
The following points are necessary when you use photo drawings:
(1)  You shall prepare a photo which size is about 21centimeters wide and about 29.5 centimeters long (size A4). Or, after sticking this photo on the white paper which size is about 21centimeters wide and about 29.5 centimeters long (size A4), it shall be covered with plastic film.  
(2)  If you claim color, you shall use color photo.
(3)  If you don’t claim color specially, you shall use monotonous photo.
(4)  You don’t have to write number in the drawing.
(5)  The plane figure of the photo shall not be distorted .
(6)  The object shall be only the Design to apply, and the background shall be in light color and be seen clearly. 

2-6-2 If we make patent design drawings with a pen, a ruler and any instrument to show our Design, what kind of point do we have to be careful of ?
The following points are necessary when you make it:
(1)  it shall be the paper which size is about 21centimeters wide and about 29.5 centimeters long (size A4).
(2)  If you claim special color, you shall draw a drawing with the color.
(3)  If you don’t use color, you shall draw a drawing with the black ink which won’t become to be light later.
(4)  If the Design is composed of a transparent material, for example, a glass or plastic material, you shall draw a transparent view of drawing with fine 2 parallel lines.
(5)  You can use a dotted line, if any, but you shall not use in the Design which you want to apply. When you use it, you shall be careful of it not to be obstacle of the Design.
(6)  You shall use even line in drawing .
(7)  The height of the character or mark shall be over 0.32 centimeters high.
(8)  You shall not use ( ) or circular mark in writing number or other mark.
(9)  If you use a number, you shall use it as an Arabian character.
(10) If you reduce the size of drawings, you shall make drawings with scale.
(11)  Even if you reduce the size of drawings, you shall make it as clear as possible to see.
(12)  If you want to show a shadow, you shall draw a shadow in the diagonal view. You shall not draw it in the plane shape.
(13) You don’t have to put dots in the drawing in order to show the differences of color. If you make drawings with only black color, you will get the right of all color.  (14)  If you want to show a slanted view of drawing, you shall use parallel slanted lines to the part of the Design which it is necessary. 

2-7 What shall be written in the claim of Design ?
You or our office can write one characteristic of shape about Design . 

2-8 What shall be written in the description of Design ?
It isn’t necessary to write a description of Design. But, if the applicant want to have us written, we shall write the description of the Design within 100 words in Thai. 

(Priority)
3-1 What is the main requirement to claim priority? (For example, the period, the documents and so on)
The following conditions are required:
(1)  The application for the registration of the Design in Thailand shall be within 6 months after the first filling date of the Design in a foreign country.
(2)  The said country shall be the country party to a convention or international agreement on Design protection to which Thailand is also a party

The document for which the applicant shall prepare is the priority certificate of Design, which you may not translate it into Thai if it is not asked by the competent officer for more evidences.

3-2 What qualifications are required to the applicant who wants to claim the priority?
The following conditions are required:
(1)  Being a Thai national or a juristic person having its headquarters located in Thailand
(2)  Being a national of a country party to a convention or international agreement on Design protection to which Thailand is also a party
(3)  Being a national of a country which accords the same rights to Thai nationals or juristic persons having their headquarters located in Thailand.
(4)  Being domiciled or having a real and effective industrial or commercial establishment in Thailand or a country party to a convention or International agreement on Design protection to which Thailand is also a party

Since Thailand is a member of WTO, the applicant of WTO member’s countries can claim the priority. And, the applicant of the countries which have a bilateral treaty with Thailand can also claim the priority.    

3-3 What about the circumstances of treaty in the world which Thailand is a member?
Thailand has joined a member of WTO (World Trade Organization),and hasn’t joined Paris convention for the Protection of Industrial Property, Hague Agreement and Locarno Agreement yet.

4-2 If we received the order of amendment, what shall we do ?
Pursuant to the section 27 according to the section 65 of the patent Act 1999, the applicant shall amend the application within 90 days from the date of receipt of the order. If he doesn’t amend the application, the application would be abandoned.
In the case where he doesn’t agree to the order, he will be able to appeal disagreement to the patent examiner. After that, the patent examiner shall inform about this disagreement to Patent Board. 

4-3 If we received the order of refusal, what shall we do ?
In the case where the applicant doesn’t agree to the order, he will be able to appeal disagreement to the patent examiner within 60 days from the date of receipt of the order.
After that, the patent examiner shall inform about this disagreement to Patent Board. 

4-4 When is the publication of Design published?
It isn’t sure when it will be published, but the information about publication will shown in the gazette which are named ” publication of patent application”. 

4-5 When can we appeal the opposition ? And, are there any special conditions to appeal ?
Within 90days after the publication of a Design application, any person who thinks that he has better right in the Design than the applicant or that Design is not registerable, or that the application is not in conformity with the provisions of Patent Act may file a notice of opposition to the Registrar stating the grounds of the opposition. 

4-6 Are there a system of request for examination about Design ?
No. There aren’t (any system such as patent). 

4-7　In the case where we file a Design application more than one country over Thailand, and if we got the result of application about it in the said country before getting it in Thailand, is it necessary to inform the registration about it to the Department of Intellectual Property in Thailand ?
Yes. You have to inform the result about it to the Department of Intellectual Property in Thailand within 90 days after receiving it. In the fact, there aren’t any restriction about the day , but we recommend you to inform as fast as possible. 

4-8　How do we have to inform the result of the foreign country’s examination when we knew it ? 

The necessary documents to file are, “a publication of patent registration ”as Japanese examination result, or “ a United States Patent Publication゛as US examination result. You don’t have to prepare for the certificate about the said documents.
If we haven’t got the result of patent examination from other foreign country like that, alternatively we can request Thai Patent Office for asking Australian Patent Office to examine it, which examination fee is around twenty thousand baht depending upon currency exchange. It takes about several months to get the result of it, and those procedures are arranged by Thai Patent Office. 

4-9How about the procedure after receiving the order of registration ?After paying the registration fee within 30 days of receipt of the notification, the Registrar shall issue a certificate of registration of Design. 

4-10 What is the next procedure after registration of Design ?
According to Thai Ministerial Regulation No.23, the applicant shall pay annual fee for Design each year, provided that starts from 5th year of the term of the Design until 10th year if the applicant would like to receive the protection throughout the whole term of the Design, or pay all fees at once. Annual fee is different as a period .If you want more information about fee, please link to the member page ”Thai Ministerial Regulation No.23 (in English)”. But before link it, you shall register our member page at first.   

(Design Right)
5-1 How many years do we have a Design right ?
The registration of a Design shall have a term of 10 years from the date of application date. 

5-2 Is it possible to renew the right of Design ?
No.

(Contact us)