A design patent under Thailand's Patent Act B.E. 2522 protects the shape, form, or pattern of a product visible from the outside - not its function. It suits products where external appearance is a key selling point, such as packaging, furniture, electronics, or cosmetics containers. The Department of Intellectual Property examines whether the design is new and not contrary to public order or morality before granting the patent.
What Is a Design Patent? Everything You Need to Know
- Protected for 10 years from the filing date
- Covers only the shape, form, or pattern visible from the outside, and the arrangement of color elements on a product's surface
- Shapes dictated purely by functional necessity cannot be design-patented - consider whether an invention patent applies instead
- The design must be new - public disclosure before filing can forfeit your rights, so file before launch
Design Patent Articles
Design Patent Infringement: What to Do First
Think your design patent is being infringed? How to document it, whether a cease-and-desist letter is required, and what remedies are available under Thai law.
How Does a Design Patent Differ From an Invention Patent and Petty Patent?
A design patent protects appearance, while an invention or petty patent protects function. Can the same product hold both protections at once?
What Is a Design Patent? How It Differs From a Patent and a Trademark
What's protected, how long it lasts, and how it differs from an invention patent, a petty patent, and a trademark, plus the basic filing process.
What Can Protect Your Product?
An overview of all 3 types of IP protection, to help you plan before filing.
What Is a Patent, and Why Register One?
What a patent means, why you should register one, and how it differs from other forms of IP.
Frequently Asked Questions
How is a design patent different from copyright on artistic works?
A design patent protects the appearance of an industrial product and must be registered before rights exist. Copyright arises automatically without registration and covers creative works more broadly. The same work may be protected by both in different respects - consult a professional to assess your case.
Can a shape that's purely functional be design-patented?
No - the law excludes shapes dictated purely by functional necessity from design patent protection. Consult a patent agent on which protection type fits your invention.
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