Further to the APAA Newsletter Issue No. 45 published in February 2025, which covered updates on the new draft Thai Patent Act and key developments in invention patents, this edition will provide further insights into design patents.

Key Developments in the Thai Patent Draft Act of Design Patents

The current draft Thai Patent Act (the “Draft”) introduces significant revisions for design patents, summarized below. Some of these revisions aim to align with the Hague Agreement Concerning the International Registration of Industrial Designs (the “Hague Agreement”). It is worth noting that Thailand’s Parliament approved accession to the Hague Agreement since November 2022.

Key proposed changes include:

• Additional Requirement for Design Patent Protection

Patentable product design must be not only new but also possess “special characteristics” for industry and handicrafts. The term “special characteristics” is proposed to mean that a person having skill in the art or relevant field would not consider the design to be easily created compared to prior designs.

• Extended Protection for Related Designs

The draft introduces the concept of “principal design” and “related design,” which refers to two or more similar design patents filed by the same applicant. The applicant can submit a related design application within six months from the filing date of the principal design, as long as the principal design has not yet been published. Notably, the related design will be deemed filed on the same date as the principal design patent application and will not be refused on the grounds of similarity to the principal design. Additionally, the licensing or assignment of both principal and related design patents must be conducted together and granted to the same licensee or assignee.

• Extended Protection Period

The Draft proposes extending the design patent protection period from 10 to 15 years. Initially, a design patent will be granted for a five-year period from the filing date, with the option to renew it twice, each for an additional five years.

• Grace Period for Novelty Determination

A six-month grace period is introduced for disclosures made voluntarily by the designer or applicant, or unlawfully by a third party without consent before the filing date. Such disclosures will not compromise the design’s novelty.

• Removal of Claim Requirement

The requirement to include a claim in the application has been removed. However, the wording has been revised to explicitly state that the design illustration must be clear, implying that the scope of protection will be primarily defined by the design illustrations. Additionally, the Draft stipulates that the product title, claim, and description may also be considered in determining the scope of rights.

• Procedural Changes

To streamline the examination process, the Draft proposes conducting both formality and substantive examinations consecutively before the design is published. After the design application is published, any interested party can file an opposition within 60 days of the publication date.

Target Design Patent Fast-Track Program

As mentioned in the APAA e-Newsletter Issue No. 45 published in February 2025, the Target Patent Fast-Track program, originally launched in 2022, was expanded in December 2024 to include Green Innovations. This expansion was further extended to cover design patents for green innovations, making it the first fast-track program specifically for design patents.

The program accelerates the registration process for design patents related to environmentally friendly product designs, accelerating the granting of design patents. To participate, the applicants must file in Thailand and submit requests via the e-filing system. The DIP will review and approve up to 10 applications per month. Selected applications will receive expedited examination results, with final results announced within 3 months.

Please note that a key requirement for participating in the Target Patent/Design Patent Fast-Track program is that the patent/design patent application must be initially filed in Thailand, and no priority claim can be made.

The program accelerates the registration process for design patents in seven green product design categories, as outlined below:

• Water Management Innovations
• Electricity Generation from Marine Energy
• Urban and Agricultural Cultivation and Farming Technologies
• Water collection, Filtration and Purification Technologies
• Electric Vehicles
• Solar Photovoltaic Technologies
• Green Architecture Innovations

Thailand is dedicated to enhancing its patent system. Future updates on Thai patent laws and practices will focus on efforts to foster innovation, drive technological progress, and ensure strong patent protection in the global market.