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Learn more about Industrial Design

If you are a startup or a business executive, your inventions are part of your wealth and constitute a lucrative legacy. Filing an industrial design gives you additional protection to that of copyright, and allows you to take action against any competitor who has infringed your industrial design, thereby causing you harm. In addition to trademark and copyright protections, prudent creators and IPR owners should protect their designs through the design patent whenever applicable. With Themis Partner, our IP Lawyers can support you and provide full assistance to submit your industrial design application and benefit from protection and ownership rights. Through our specialist lawyers, Themis Partner implements Thai or International industrial design laws according to your need.

Table of contents

What is an industrial design?

The pattern patent is an innovative work on the graphic nature of a device that is distinct from the commons and can be a modern concept of manufacturing or craftsmanship. This concept has not been widely disseminated in the world, or its content or description has not been published in any paper or written medium before the date of patent filing. It should not be identical to any design or model previously established.

Why register your industrial designs?

In Thailand, you have protection for your industrial designs, giving you the exclusive right to use design, in particular, to create, sell, position in the market, manufacture, distribute or use the product using your industrial design. Or on which your concept is applied. Third parties are allowed to use the template with your permission only.

You can obtain an operating monopoly on the graphic elements of your 2D drawings and your 3D models. This includes protection against counterfeiting, but also the possibility of marketing your creations.

1. Filing a concept or model promotes protection against any infringement action against you, by giving the creation a certain date.

The simple proof of creation obtains copyright since the original character of the work of the mind is established. Originality, however, presupposes that the research is unique, and another person has established no previously disclosed work. Thus, following the filing of your drawings for registration, they will be legally dated following the registration of the drawings.

Thus, you will legally prevent the replication of your creations by third parties while increasing the protection and the value of your property.

2. Filing a model or design facilitates the extension of your protection abroad.

Another advantage of filing a design is that the industrial property claim is an asset you can have openly. It allows you to benefit from the following advantages:

License of your creations: You can authorize your design or model by a collaborator or a subcontractor under conditions that you openly agree with him. You decide whether the certificate is valid and how much to charge.
Sell Can Sell Your Design: Sell your commercial properties to increase your income without producing and marketing the items.

Filing a design or industrial design is often a way to improve your reputation in the market, whether you want to sell it, attract buyers, grow your business, or protect your designs.

What sketches can be patented?

Sketches generally involve black and white line drawings illustrating the ornamental nature of a three-dimensional frame or a two-dimensional image or illustration in a concept patent application. It is best to have these illustrations done by a qualified engineer to have the correct views and shades. In general, it is important to apply for a patent before the product is marketed.

How do I protect my models in Thailand?

The applicant should file the concept patent application and pay the fee to the office on the 3rd floor of the office of the Ministry of Intellectual Property, the Ministry of Commerce or the regional office of the Ministry of Commerce, or file the application with the supporting documents by mail with the Study Office, the Department of Intellectual Property.

How much to register an industrial design?

The Thai Intellectual Property Department publishes the costs of registering a design. You will find all the cost information to register your innovation from the IP Thailand website.

How to register an industrial design?

To register your innovation, the following steps must be followed:

Step 1) Filing documents with the Thai DIP department

You will need to complete the request form, including the information and attachments that will be requested.

In case the applicant has filed the concept patent application in a foreign country, the first international filing date can be indicated as the filing date in the country if the application is filed within six months of the first filing date.

Also, the applicant’s signature or the patent agent/patent advisor (in the case of a representative mandate) should be affixed to the Director-General of the Department of Intellectual Property.

Regarding the elements to be attached as an attachment, the following documents should be prepared:

➤ The model of the innovation sent for registration must be submitted and indicated in the request form. The graphic should clearly show the outward appearance of the object from all perspectives, including the animation of the object
➤ Complete form P1 / PD / PP / 001-2
➤ Letter of transfer of the creation or confirmation that the person is the owner of the work
➤ Applicant's identity card or company affidavit document not older than six months

Step 2) Prepare a representation mandate for your lawyer to file your registration request

Please note, your lawyer must have the license allowing him to register patent applications. To this end, it is important to choose the right lawyer.

The patent representative or agent or attorney must be registered with the Director-General of the Department of Intellectual Property before the latter applies. Indeed, without obtaining this approval, the lawyer will not be able to file the request. The applicant must send the representation mandate with the tax stamp of 30 Baht per patent attorney and a copy of the representative’s identity card.

Where the patent applicant does not reside in the Kingdom of Thailand, the representative or attorney registered with the Director-General of the Department of Intellectual Property is authorized to act on his behalf.

If the representation mandate is signed in a foreign country, the signatures must be legalized and certified by the Thai Embassy or Consulate of the country of domicile of the applicant.

If the mandate for representation in the Kingdom of Thailand, the applicant should add a copy of the passport and the page of his visa in Thailand.

Step 3) Application submission and preliminary examination of the patent

Following the submission of your request, the examiner will carry out control and may authorize modifications within the framework of error or irregularity during the request. To this end, the officer will carry out the following control:

➤ Checking the details of the patent application form and supporting documents, the name of the patent applicant and his address in Thailand, the name of the inventor and his address in Thailand, the name of the patent attorney/attorney patents and its address in Thailand
➤ Only one design patent application must be specified. The applicant must explicitly state the scope of the right claimed for protection following the device image attached to the submission
➤ The illustration of the product used for protection must show the extent of the safety in terms of the characteristics, style, or color of the product. While adhering to design standards to be used as a guide to making or crafting, the image should explicitly illustrate the exterior dimensions of the object in all respects. The representation of the model submitted for the defense may be of the drawing or image type
➤ The officer must determine whether or not the company that has filed a patent application has unique characteristics that have not already been filed
➤ After consideration, the officer may issue a request, or order the requester to comment, provide a written explanation or include additional documents related to the recording

Following his check, the officer will give the result of the deposit:

The investigator will assess whether or not the company which applied for the registration of the patent has specific characteristics that should or should not be considered a benchmark for the automotive industry as a craft.

After examination, the inspector may request a request or order the applicant to respond, include a written statement or provide sufficient photographic evidence relating to the recording, if necessary, by the inspector.

Step 4) Invention registration publication

If the application was accepted, the applicant will have to pay the patent registration fees. Following registration of the invention, any other person will have 90 days to file an opposition request.

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