A design patent protects the visible shape, form, or pattern of a product's exterior — not how it works internally. It suits products whose look is a key selling point, such as packaging, furniture, electronics, or household goods. Many business owners are interested but don't know what to prepare, or how long it takes. This article summarizes it all in one place.
The most important condition: file before public disclosure
Under the Patent Act B.E. 2522, a product design must be "new" as of the filing date. If you launch the product, post photos of it, or send samples to customers before filing, the design may be considered publicly disclosed and you could lose the right to register it. Always file your application before launching the product.
Steps to Register a Design Patent
- Check for novelty upfront — search for existing registered or previously published designs to assess your chances of protection
- Prepare the application documents, along with images or drawings of the product from multiple angles showing its full form
- File the application with the Department of Intellectual Property (DIP)
- The examiner checks the application's accuracy and supporting documents (Formality Examination); if anything is incomplete, you'll be notified to correct it within a set deadline
- The application is published, opening a 90-day window from the publication date for third parties to file an opposition
- Substantive Examination — checking whether the design is genuinely new and not contrary to public order or morality
- The design patent is registered and the certificate is issued
How long does it take?
On average, the whole process takes about 1-2 years — faster than an invention patent (averaging 3-5 years), since there's no inventive-step examination. However, it still goes through the publication and opposition stage, just like an invention patent. The timeframes given are the Department of Intellectual Property's averages — each application may be faster or slower, depending on the complexity of the design, the volume of applications the Department is handling, and whether anyone files an opposition during publication.
How long is it protected?
A design patent is protected for 10 years from the filing date and cannot be renewed — unlike a trademark, which can be renewed an unlimited number of times as long as it stays in use.
Documents to Prepare
ID card or company registration (for a corporate entity), images or drawings of the product from multiple angles — such as front, back, sides, top, and bottom — showing its full form, a brief description of the design, and a power of attorney (if a patent agent files on your behalf).
Roughly How Much Does It Cost?
Government fees as set under the Patent Act B.E. 2522 and its related ministerial regulations, plus our service fee, vary depending on the number of designs per application and the complexity of the work. Consult a patent agent for an accurate price estimate based on your actual work.
Why Use a Patent Agent
Images or drawings that don't cover all angles, or a description that doesn't match the images, can narrow the scope of protection more than you intended, or trigger a correction request that delays your application. An experienced patent agent will check for novelty upfront, prepare complete and accurate images and documents, track progress with the Department throughout the process, and handle the publication stage if anyone files an opposition.
Patent To You offers full-service design patent, invention patent, petty patent, and trademark registration, and copyright notification, with patent agents and lawyers who have more than 10 years of experience handling everything from novelty checks, preparing images and documents, and filing, through to receiving the certificate. Free consultation before you decide.
Call 082-995-4454, 085-351-7977, or add us on LINE — we're happy to answer questions every day, 09:00–18:00.