Petty Patents in Thailand
Petty Patents in Thailand are a form of intellectual property protection under the Thai Patent Act B.E. 2522 (1979), as amended. They are designed for inventions that do not meet the high inventive step requirement of a full invention patent but still possess novelty and industrial applicability.

Key Features of Petty Patents in Thailand

Scope of Protection:

• Petty patents are granted for inventions that are new and industrially applicable but lack the significant inventive step required for an invention patent.
• Examples include improvements to existing technologies or simpler innovations.

Duration:

• Initial protection: 6 years from the filing date.
• Renewable: Two additional terms of 2 years each, for a maximum duration of 10 years.

Quicker Process:

• The process to obtain a petty patent is faster and simpler than that for a full invention patent.

First-to-File Principle:

• Priority is given to the first person to file the petty patent application.

Eligibility Criteria for Petty Patents

To qualify for a petty patent, an invention must:
1. Be new: It must not have been publicly disclosed, used, or sold before the filing date.
2. Be industrially applicable: It must have practical use in an industry or field.
3. Lack a high inventive step: While still requiring novelty, the invention does not need to involve a significant inventive step.

Non-Eligible Items

Petty patents cannot be granted for:

• Scientific or mathematical theories.
• Methods of treatment for humans or animals.
• Natural substances (unless artificially modified).
• Plant or animal varieties.
• Inventions contrary to public order or morality.

Petty Patent Application Process

Filing the Application:
Submit the application to the Department of Intellectual Property (DIP) with the following:

• A detailed description of the invention.
• Claims specifying the scope of protection.
• Drawings (if applicable).
• Filing fees.

Formal Examination:

• The DIP reviews the application to ensure it meets the procedural requirements.

Granting of the Petty Patent:

• Unlike a full invention patent, a petty patent does not require a substantive examination.
• If the application is complete and the invention meets the criteria, the petty patent is granted.

Rights of a Petty Patent Holder

• Exclusive rights to make, use, sell, or distribute the invention.
• The ability to license the petty patent to others.
• The right to take legal action against infringement.

Enforcement of Petty Patents

• The petty patent holder can file lawsuits against infringers for damages and injunctions.
• Criminal penalties may also apply for intentional infringement.

Benefits of Petty Patents

• Simpler Process: Less stringent requirements compared to invention patents.
• Faster Protection: Ideal for smaller or incremental innovations.
• Cost-Effective: Filing fees and processes are generally less expensive than full patents.

International Considerations

Thailand is a member of the Paris Convention, which allows applicants to claim priority from a petty patent application filed in Thailand to apply for protection in other member countries within 12 months.

Comparison: Petty Patent vs. Invention Patent