Introduction Under Thailand’s current Patent Act, the rule is harsh: if you disclose your design to the public before filing an application, you destroy its novelty. This “absolute novelty” requirement has long been a trap for designers who display their work at exhibitions or test markets prematurely. The new Draft Patent Act, however, is poised to fix this with a long-awaited solution: a six-month grace period.

The Grace Period Explained The proposed amendment, which was the subject of intense public discussion in early 2025, allows designers to disclose their work for up to six months prior to filing without losing the right to obtain a patent. This aligns Thailand with international standards (like the Paris Convention) and provides crucial breathing room for creators.

Defining “Distinctive Character” The Draft Act also seeks to clarify the definition of a design by emphasizing that it must have a “distinctive characteristic.” This suggests that in the future, simply being new might not be enough; designs may face stricter scrutiny to ensure they are truly unique and not just minor variations of existing products. The exact criteria will be elaborated in future manuals from the Department of Intellectual Property (DIP).

Preparing for the Change While the law is still being finalized, businesses must start adjusting their product launch strategies now. Understanding how to document your disclosure dates will be critical to taking advantage of the grace period once it is active.

How ASEAN IPR Helps: Don’t let a premature launch kill your IP rights. ASEAN IPR is closely monitoring the legislative progress of the Draft Act. We advise clients on how to structure their product roadmaps to leverage the upcoming grace period and prepare evidence of disclosure, ensuring your designs remain protected even after a market test.