Design renewal fees in Thailand: costs, due dates and grace period
A design patent in Thailand lasts 10 years from the filing date. Annual fees run from year 5 to year 10, each due when the year it covers begins. A late payment carries a 30% surcharge, and DIP's fee page allows it within 120 days of the start of that year.
What are the design renewal due dates in Thailand?
Thailand protects a design patent for up to 10 years from the filing date. An annual fee falls due every year from year 5, 6 times in all.
The first annual fee falls due when year 5 begins, payable to DIP; the Patent Act allows 60 days to pay it. It covers year 5.
For example, if the filing date is 2015-03-15, the first annual fee falls due on 2019-03-15, and the Patent Act allows payment until about 2019-05-14.
Each further annual fee falls due every year on the same basis, until the 10-year term ends. There is no renewal beyond it.
For example, protection can be kept alive until 2025-03-15, after which no further renewal is possible.
Thailand is not a member of the Hague System. There is no international design route into Thailand: a design must be registered directly with DIP, and every renewal fee is paid to DIP rather than to WIPO.
A design patent here lasts 10 years. The first annual fee falls due on 15 Mar 2019, and annual fees then run every year, 6 in total. Miss one and you can still pay with a 30% surcharge, until about 13 Jul 2019 in this example.
Official design renewal fees by year in Thailand
Official fees payable to the DIP, in THB, charged every year the design stays on the register, up to year 10.
| Renewal | Official fee (THB) | Cumulative (THB) |
|---|---|---|
| Year 5 | 500 | 500 |
| Year 6 | 650 | 1,150 |
| Year 7 | 950 | 2,100 |
| Year 8 | 1 400 | 3,500 |
| Year 9 | 2 000 | 5,500 |
| Year 10 | 2 750 | 8,250 |
| Full term, years 5 to 10 | 8,250 | |
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Missed a design renewal deadline in Thailand?
Thailand gives 120 days, not six months, to pay a missed annual fee, with a surcharge of 30% of the unpaid fee. Each annual fee falls due when the year it covers begins. The Patent Act allows 60 days to pay before the surcharge applies, but DIP's own fee page counts the 120 days from the start of the year, so pay early. All six annual fees can also be paid at once for THB 7,500. Once the late period passes, the design patent lapses.
If the annual fee due on 15 Mar 2019 is missed, DIP's fee page allows a late payment with the 30% surcharge until about 13 Jul 2019 in this example.
Design renewal fees in other jurisdictions
The same schedule, deadlines and grace rules, in the jurisdictions we are asked about most.
Looking for a different jurisdiction?
Design renewal fees and deadlines in every jurisdiction we cover.
Other IP renewals in Thailand
Designs aren't the only rights that lapse without renewal. Thailand also protects patents and trademarks. Each on its own schedule and fee scale.
Patents
Renewal deadlines, grace periods and official fees for patents in Thailand.
Trademarks
What happens to a Thai design patent before it has been registered?
There are no annuities due in Thailand before the patent is granted. Once the patent has been granted, annuities must be paid in accordance with the renewal interval described above under the section Due Dates.
When can I pay the renewal fee in Thailand?
The renewal fee in Thailand can be paid at any time before the renewal due date. Technically, all annuities can be paid at the same time, meaning that you will only have to pay one, large sum of renewal fee.
Can I renew a design patent after I miss a renewal due date?
Yes, it is possible to renew a Thai design patent after its renewal due date. If you fail to pay the renewal fee before the due date, a grace period of 120 days is given wherein the renewal fees can still be settled. When entering the grace period you will incur a surcharge fee to be settled along with the renewal fee. If you wish to maintain the design patent, both the renewal fee and the surcharge fee will have to be settled. For example, if a design patent has a renewal due date of 2021-05-31 and the due date is missed, the design patent will enter the grace period from 2021-06-01. After this point both the renewal fee and the surcharge fee will need to be settled by 2021-09-28. Failure to pay these fees before the surcharge due date will result in the design patent lapsing.
How long do design patents last in Thailand?
A design patent will stay in force for 10 years in Thailand from the filing date if successfully renewed. Failure to pay the renewal fees will result in the design patent lapsing.
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