Understanding the Difference Between Invention Patents, Design Patents, and Petty Patents in Thailand

When it comes to protecting intellectual property in Thailand, understanding the different types of patents available is crucial. Thailand’s patent system provides three key types of protection: Invention Patents, Design Patents, and Petty Patents. Each offers varying levels of protection based on the nature of the innovation, and choosing the right one can significantly impact your intellectual property strategy.

In this blog, we’ll break down the differences between invention patents, design patents, and petty patents in Thailand. We’ll explore what each patent protects, the eligibility criteria, the filing process, and the benefits of choosing the right form of protection for your invention or design.

1. Invention Patents

Invention Patents referred to as Utility Patents in some countries are the most comprehensive and widely recognized type of patent protection. They are granted for novel and innovative inventions that contribute to technological advancement and can be used in industry. These patents protect the functionality, structure, and/or processes of an invention.

What Does an Invention Patent Protect?

An invention patent covers the technical or functional aspects of an invention. This includes:

• New products (including machine, manufacture, or composition of matter).

• New manufacturing processes (including industrial methods).

• Improvements to existing products or processes.

For example, if you create a new machine or develop a unique method for manufacturing a product, you would file for an invention patent to protect the underlying products and processes.

Eligibility Requirements

To be eligible for an invention patent in Thailand, your invention must meet the following criteria:

• Novelty: The invention must be new that is it should not have been disclosed or made publicly available before the filing date - certain exceptions do apply.

• Inventive Step: The invention must involve an inventive step that is not obvious to someone having ordinary skills in the field. This means the invention cannot simply be a minor modification of existing technology.

• Industrial Applicability: The invention must be capable of being used in some kind of industry. The invention should be functional and practical in its application.

• Must Not be an Excluded Subject Matter: The following cannot be patented in Thailand: (1) naturally occurring microorganisms and their components, animals, plants, or extracts from animals or plants; (2) scientific and mathematical principle and theory; (3) data systems for computer operation; (4) methods of diagnosis, treatment or cure of human or animal diseases; (5) inventions contrary to public order, morality, public health, or welfare.

Term of Protection

In Thailand, invention patents are protected for 20 years from the filing date, provided that annual maintenance fees, starting from the 5th year or after the grant, are paid throughout the patent’s life. This long-term protection ensures that the patentees have exclusive rights to the inventions, allowing them to commercialize, license, or enforce their patents.

Filing Process

Filing for an invention patent in Thailand involves applying to the Department of Intellectual Property (DIP). The application must include:

• A title of the invention.

• A brief statement of the nature and purposes of the invention.

• A detailed description of the invention.

• Claims that define the scope of protection.

• An abstract summarizing the invention.

Relevant drawings or diagrams may also be submitted.

The application undergoes a formal and substantive examination, which evaluates the novelty, inventive step, and industrial applicability of the invention. Once granted, the patent provides strong legal protection against infringement.

When to Choose an Invention Patent

An invention patent is suitable when you have a novel, technically advanced invention that significantly improves upon existing technologies. It provides comprehensive protection for inventors seeking to secure exclusive rights over a technologically sophisticated invention.

2. Design Patents

While invention patents protect functionality, design Patents (also known as product design or industrial design rights) focus on the appearance of a product. A design patent protects the unique visual elements of a product, such as its shape, configuration, or surface patterns. It could be 3-dimensional (3D) or 2-dimensional (2D). It does not cover the function or utility of the product.

What Does a Design Patent Protect?

A design patent protects the ornamental or aesthetic design of a product, ensuring that others cannot copy or use the design without permission. Examples of design elements that can be protected include:

• The shape of a car or a mobile phone.

• The pattern of a textile.

• The design of furniture or household items.

For example, if you create a chair with a unique shape and appearance, you would file for a design patent to protect the visual aspects of the chair, not how it functions.

Eligibility Requirements

To be eligible for a design patent in Thailand, your design must meet the following criteria:

• Novelty: The design must be new. It should not have been disclosed or made publicly available before the filing date or is not very similar to such a design.

• For Industry: As mentioned in Section 56 of the Thai Patent Act, the design must be for the industry, including, handicrafts.

• Non-functional: The design must be ornamental, not functional. A design patent protects only the visual characteristics of the product, not its utility or functionality.

• Must Not be an Excluded Subject Matter: Designs contrary to public order or morality cannot be patented in Thailand.

Term of Protection

Design patents are protected for 10 years from the filing date, provided that annual maintenance fees, starting from the 5th year or after the grant, are paid throughout the patent’s life. During this period, the patent owner has the exclusive right to prevent others from making, using, or selling a product that incorporates the patented design.

Filing Process

The application process for a design patent in Thailand is simpler and quicker than for invention patents. The applicant must submit:

• An indication of the product for which the design is to be used.

• Drawings or photographs that depict the appearance of the design.

• A clear or concise claim.

The application undergoes an examination to ensure compliance with procedural requirements and novelty. Once the design patent is granted, the owner can enforce their rights if someone copies or uses the design without authorization.

When to Choose a Design Patent

A design patent is appropriate if your innovation lies in the appearance of a product rather than its function. Businesses in industries where product aesthetics are key—such as fashion, furniture, packaging, and consumer electronics—often use design patents to protect their aesthetic innovation.

3. Petty Patents

Petty Patents also referred to as utility models, innovation patents minor patents in other jurisdictions protect inventions that may not meet the inventive step requirement for an invention patent but still offer some degree of novelty and industrial applicability. Petty patents are designed to encourage incremental innovations and improvements to existing products or processes.

What Does a Petty Patent Protect?

Petty patents protect inventions that are new and useful, but may not involve a significant inventive step. They are ideal for protecting:

• Small improvements to existing products.

• Modifications to existing manufacturing processes.

• Practical, but not groundbreaking, technical innovations.

For example, if you make a minor but useful improvement to an existing household appliance, a petty patent can protect your improvement.

Eligibility Requirements

To qualify for a petty patent in Thailand, the invention must meet the following criteria:

• Novelty: The invention must be new and not previously disclosed to the public. Even if the inventive step is low, the invention must still be novel.

• Industrial Applicability: The invention must have practical applications and be capable of use in industry.

• Must Not be an Excluded Subject Matter: The following cannot be patented in Thailand:(1) naturally occurring microorganisms and their components, animals, plants, or extracts from animals or plants; (2) scientific and mathematical principle and theory; (3) data systems for computer operation; (4) methods of diagnosis, treatment or cure of human or animal diseases; (5) inventions contrary to public order, morality, public health or welfare.

• Must Not Exceed 10 Claims: To maintain their simplified nature, petty patent applications in Thailand are limited to a maximum of 10 claims. This contrasts with invention patents, which allow for more extensive claim sets. The limit on the number of claims ensures that petty patents are focused on clear and concise technical advancements, suitable for inventions that may not require the complexity and broad scope associated with full invention patents.

Unlike invention patents, an inventive step is not a requirement for petty patents. This makes petty patents easier and faster to obtain, particularly for incremental innovations that may not qualify for full patent protection.

Term of Protection

Petty patents in Thailand are protected for 10 years from the filing date, subject to renewal fees. This is shorter than the 20-year protection period for invention patents but still offers valuable protection for incremental innovations.

Filing Process

The application process for a petty patent is less complex than for invention patents. Even though the applicant is required to submit the same documents as an invention patent, the examination process is much simpler. The DIP conducts a formal examination to ensure compliance with procedural requirements and there is no thorough substantive examination, thus, the process is typically faster than for invention patents.

When to Choose a Petty Patent

A petty patent, which offers fast-track protection, is ideal for inventions that involve minor improvements or incremental advancements. It is also suitable if you need faster protection than an invention patent provides. Small and medium-sized businesses often choose petty patents to protect practical, short-term innovations or improvements to existing technologies.

Conclusion

Selecting the appropriate type of patent depends on the nature of your invention or design. If your innovation is technical and sophisticated, an invention patent offers the most robust protection. If your innovation lies in the appearance of a product, a design patent will protect its visual characteristics. For minor improvements or incremental innovations, a petty patent provides fast and cost-effective protection.

Each type of patent serves a specific purpose, and understanding these differences is key to building an effective intellectual property strategy. If you’re unsure which type of patent is right for your invention, consulting with an experienced patent attorney can help guide you through the process and ensure your intellectual property is properly protected in Thailand.