Intellectual Property

FAQs about Patent / Petty Patent

FAQs about Patent / Petty Patent

1. What is a patent?
 

Answer:
It is an official document issued by the government to protect invention (product and/or process) and product design.

An invention is patentable only if it meets all of the following 3 requirements.
      o New or novel
      o Inventive step
      o Industrial applicability
A product design is patentable only if it meets the following 2 requirements.
      o New or novel
      o Manufacturing or industrial applicability

2. What is a petty patent?
 

Answer:
It is an official document issued by the government to protect the invention (product and/or process) only, not product design.

An invention can be granted a petty patent only if it meets the following 2 requirements.
     1. New or novel
     2. Industrial applicability

3. What is the difference between a patent and a petty patent?
 

Answer: There are 5 differences.
    1. Patent protects both invention (product and/or process) and product design, while a petty patent protects only invention (product and/or process).
    2. Legal requirements as mentioned in the answers to questions 1 and 2.
    3. Registration Procedure
Patent– After filing a patent application until patent publication, a patent examiner will review the contents of the application to determine if the application meets the requirements.
Petty patent– After filing a petty patent application until petty patent publication, a petty patent will be issued without patent examination procedure.
    4. Protection Terms
A patent for an invention– 20 years from the filing date.
A petty patent – 6 years from the filing date. The term can be extended for 2 periods, and each period will be valid for 2 years.
    5. Annual Fee
Patent maintenance fees are required to be paid annually to keep the patent in force beginning the fifth year of the term of the patent. If not paid, the patent will be deemed abandoned and then cancelled.
The fees are required for a petty patent as well, but the annual fee is cheaper because of the short term of protection.

4. Can an inventor apply for both patent and petty patent?
 

Answer:
You cannot apply for both a petty patent and a patent for the same invention. However, the applicant is entitled to change the protection category application (i.e. from petty patent to patent) prior to the issuance or prior to the publication.

5. What is new / novelty of the invention?
 

Answer:
It means the invention is neither published nor publicly used anywhere in the world.
The applicant cannot obtain a patent or petty patent if the invention has already been publicly disclosed. Therefore, a search of all previous public disclosures and foreign patents will be conducted.
The most important thing is that the applicant must file for a patent or petty patent before sharing this proprietary information with another party. The inventor has to get a patent application number prior to any academic publication or presentation. Otherwise, it will ruin the chance of getting a patent or petty patent because it is previously known or used, not new anymore!

6. When should innovators file for a patent and petty patent?
 

Answer:
The applicant should file for a patent when realizing that sufficient information is available. Because of a first-to-file system, the first person to file a patent application for protection of that invention will be granted a patent for given invention, regardless of the date of conducting invention.

7. How to apply fora patent and petty patent on behalf of KMUTT?
 

Answer:
Once having sufficient information of the invention, the inventor(s) can draft the application and fill out the Patent / Petty patent Request Form together with required additional documents and submit them to…
Intellectual Property Unit

Research Innovation and Partnerships Office (RIPO)
7th Floor, Office of the President Building
Tel. 02-470-9663
E-mail: ip@kmutt.ac.th
Website :https://ripo.kmutt.ac.th/

8. How long does it take to obtain a patent / petty patent?
 

Answer:
The patenting process typically takes 2-5 years, and 1-3 years for petty patent.

Important Remarks:

1. Patent first – publish Later

If patent / petty patent is needed,

  • Don’t share the completed research / invention with public;
  • Don’t present to media or any academic conference; and
  • Don’t send the related article to publish in journals.

The applicant must refrain from doing these before filing for a patent and petty patent to get the application number.

2. Getting suggestion before signing a research grant contract / agreement

Before signing research grant agreement, the researcher is requested to contact KMUTT lawyer or RIPO to check or revise the content of each legal point, especially IP right, for the benefits of all parties.