The Registration of Partial Design
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Abstract
This article is the conclusion of the content of a thesis on the Registration of Partial Design aiming to study the problems and obstacles regarding the registration of an industrial design by claiming a part of the industrial design under the Patent Act, B.E. 2522 as well as the Ministerial Regulations, the Department of Intellectual Property Regulations relating to the registration of industrial designs. In addition, this article aims to undertake a comparative study of the U.S. and Japanese legal systems in relation to the registration of an industrial design by claiming a part of the industrial design, the representation of drawings, the indication of design claim and other important requirements regarding the registration of an industrial design by claiming a part of the industrial design.
The results reveal that for registration of an industrial design under the Patent Act, B.E. 2522 as well as other related laws, an applicant must register by seeking protection for the industrial design as a whole only, by showing line drawings in unitary solid lines and indicating design claim namely shape, ornamental, pattern or color of the design and cannot disclaim any part of the industrial design.
Therefore, in order to register an industrial design by claiming a part of the industrial design in Thailand, the author suggests that the definition of “Design” must be amended in the Patent Act, B.E. 2522 to cover a part of design, including amendment in the important requirements for design patent application and the relating Ministerial Regulations regarding the representation of line drawings and the indication of design claim.
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References
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