The Role of Petty Patents in Protecting Incremental Innovations in Thailand

In today’s competitive landscape, many significant innovations come from incremental improvements rather than radical breakthroughs. For businesses and inventors, it is essential to protect these smaller advancements to maintain their competitive edge. In Thailand, petty patents—sometimes referred to as innovation patents or minor patents in other countries—play a crucial role in safeguarding these incremental innovations. Introduced through the B.E. 2542 amendment in 1999, petty patents provide a simpler, faster, and cost-effective form of intellectual property protection, making them accessible to a wide range of inventors and businesses.

This article delves into the strategic importance of petty patents in protecting incremental innovations, their key features, and how businesses can leverage them to stay ahead in Thailand’s growing innovation landscape.

What is a Petty Patent?

A petty patent is a type of intellectual property protection that grants legal rights over minor innovations or functional improvements to existing products or processes. It is often compared to utility models in other countries and is designed to offer faster and more accessible protection than a full invention patent. While invention patents require a higher level of inventiveness, petty patents focus on novelty and industrial applicability, allowing inventors to protect innovations that, while valuable, may not meet the rigorous standards required for a standard patent.

Petty patents in Thailand are limited to 10 claims, a feature that helps simplify the application process and focuses the protection on practical, specific improvements. This cap also encourages applicants to be precise in identifying the aspects of the innovation they wish to protect.

Historical Context in Thailand

The introduction of petty patents into the Thai Patent Act in 1999 through the B.E. 2542 amendment marked a significant milestone in the development of Thailand’s intellectual property landscape. Before this amendment, Thailand’s patent system focused primarily on invention patents, which required inventiveness or complex technical advancements. However, with the rise of small and medium-sized enterprises (SMEs) and the increasing need for local inventors to protect their incremental innovations, the Thai government recognized the need for a more flexible and accessible system of intellectual property protection.

By broadening the scope of patent protection to include petty patents, Thailand ensured that a wider range of innovations could be protected. This was particularly important in industries where incremental improvements were common, such as manufacturing, mechanical engineering, and consumer goods. Moreover, the introduction of petty patents allowed SMEs and local inventors to compete more effectively with larger companies by enabling them to protect their innovative contributions, however small.

Key Features of Petty Patents in Thailand

Petty patents in Thailand offer a streamlined and accessible way to protect incremental innovations, making them a popular choice for inventors who want quicker and more cost-effective protection. Here are the key features that innovators should be aware of.

Lower Inventiveness Threshold: Unlike invention patents, petty patents only require the invention to be new and industrially applicable. This lower bar makes petty patents ideal for incremental improvements that may not qualify for full invention patent protection.

Limited to 10 Claims: In Thailand, petty patent applications are restricted to 10 claims, allowing applicants to focus on the specific elements of their innovation. This makes the process more streamlined and efficient, particularly for smaller inventions that do not require the broader protection of multiple claims.

Faster Grant Process: Petty patents typically go through a faster examination process than standard patents. This is because there is no requirement for a substantive examination. This faster process allows innovators to secure protection more quickly, which is especially valuable in fast-moving industries.

Cannot Apply for Both Invention Patent and Petty Patent: Under Thai law, applicants must choose between filing for a petty patent or an invention patent for the same innovation. Dual filings are not permitted, but Thai patent law provides the flexibility to convert.

Marking with 'Thai Petty Patent': Once granted, the holder of a petty patent can mark their product with ‘Thai Petty Patent’ alongside the petty patent number signaling legal protection in Thailand. This marking can be used on products, packaging, and advertisements, offering clear notice of the protected status.

Shorter Protection Term: The protection period for petty patents in Thailand is 10 years from the filing date, compared to the 20 years offered by standard invention patents. Initially, petty patents are granted for 6 years, with the possibility of two 2-year extensions if the necessary fees are paid. This shorter term reflects the focus on incremental innovations that may not require the long-term protection afforded to more complex inventions.

How Petty Patents Protect Incremental Innovations

Incremental innovation involves making small but valuable improvements to existing products or processes, rather than inventing entirely new technologies. These improvements may not qualify for full patent protection, but they can still provide significant competitive advantages to businesses. Petty patents play a crucial role in protecting these types of innovations in Thailand by offering a simpler, faster, and more affordable route to intellectual property protection.

Protecting Practical Improvements: Petty patents are particularly suited to industries where incremental improvements are essential, such as manufacturing, consumer goods, and mechanical engineering. For instance, a small modification in a manufacturing process or an improvement in a product’s design could provide a significant competitive edge. Petty patents help protect these small but important advancements from being copied by competitors.

Encouraging Innovation in SMEs: For small and medium-sized enterprises (SMEs), the cost and complexity of filing a standard patent may be prohibitive. Petty patents offer a cost-effective solution that encourages SMEs to protect their innovations without the need for extensive research and development (R&D) investment. This makes petty patents an attractive option for businesses looking to protect smaller-scale innovations.

Filling Gaps Between Major Innovations: For larger companies, petty patents can be used to protect intermediate developments that occur between major technological breakthroughs. By securing petty patents for incremental innovations, companies can build a stronger intellectual property portfolio and maintain a competitive edge in the marketplace.

Noteworthy Points

Below are several noteworthy aspects of petty patents that inventors and businesses should also be aware of:

Option to Convert Application: Thai patent law offers inventors the flexibility to convert a petty patent application into an invention patent or vice versa before registration of the petty patent or publication of the standard invention patent in the Thai Patent Gazette. This option allows inventors to adjust their IP strategy while retaining the original filing date, preserving the priority of their application.

Re-examination Requests by Third Parties: Even though petty patents in Thailand do not undergo substantive examination before registration, third parties have the right to request a re-examination. This request must be filed within one year from the date of publication of the petty patent’s grant. The purpose of this mechanism is to contest the patent’s validity if there are concerns that the petty patent fails to meet the requirements. This allows for a review of the patent’s merits post-grant.

Enforcement of Petty Patents: Despite the lack of a detailed substantive examination, petty patents can still be enforced through both civil and criminal legal actions in Thailand. Patent holders have the right to take action against infringers, even though the patent has not undergone the same rigorous scrutiny as invention patents. However, the validity of the petty patent can still be challenged during infringement proceedings.

International Protection via PCT: Petty patents in Thailand can also benefit from the Patent Cooperation Treaty (PCT) national phase entry, similar to invention patents. This mechanism allows Thai applicants to file for international protection while claiming the priority date from their original Thai application. Additionally, foreign applicants who have already filed international PCT applications can leverage this process to enter Thailand, ensuring their innovations are protected in Thailand as well.

Strategic Benefits of Petty Patents

Petty patents in Thailand offer inventors and businesses several options that enhance flexibility and protection, making them an attractive alternative to standard invention patents. Here are some key reasons why petty patents are an excellent option for many innovators:

Cost-Effective Protection: For businesses with limited R&D resources, petty patents provide a cost-effective way to protect smaller innovations. Filing and maintenance fees for petty patents are generally lower than those for invention patents, making them accessible for SMEs and individual inventors.

Flexibility and Adaptability: The option to convert an invention patent application into a petty patent application (or vice versa) before the publication of the application or the granting of the patent offers flexibility to inventors. This adaptability allows businesses to make strategic decisions based on the development of their innovation and market conditions, without sacrificing the filing date.

Licensing Opportunities: Like invention patents, petty patents can be licensed to third parties, creating potential revenue streams for businesses. Even incremental innovations can hold significant value in industries where minor improvements can lead to substantial commercial success.

Blocking Competitors: By securing petty patents for minor innovations, businesses can effectively block competitors from introducing similar improvements. This provides an additional layer of protection, especially when combined with invention patents, creating a strong IP portfolio that covers both large-scale inventions and smaller, practical advancements.

The Importance of Petty Patents in Thailand’s IP Landscape

The importance of petty patents in Thailand cannot be understated. In 2023, a total of 3,633 petty patents were filed in Thailand, with 3,464 applications filed by Thai nationals and only 169 applications by foreign applicants. Interestingly, the top five countries filing for petty patents in Thailand were China (62), Taiwan (33), Japan (12), Malaysia (5), and Spain (5). Petty patents are still underutilized by applicants from Europe and the US, highlighting an opportunity for more international inventors to take advantage of this form of protection.

Petty patents are particularly important in sectors where continuous improvement is key. They allow businesses to quickly secure protection for minor innovations, which can prevent competitors from copying valuable improvements.

Why You Should Consider Petty Patents

For businesses and inventors operating in Thailand, petty patents offer a valuable tool for protecting incremental innovations. Whether you are an SME looking to protect smaller improvements to your products or a large company with a comprehensive IP portfolio, petty patents provide a fast, flexible, and cost-effective route to securing legal protection for your innovations. The ability to enforce petty patents without substantive examination and the option to convert applications make them an attractive option for businesses across industries.

By carefully assessing your innovation and strategic goals, you can determine whether a petty patent is the right form of protection for your business. Consulting with a patent attorney can help you navigate the process and ensure that your intellectual property rights are fully protected.

If you are considering filing for a petty patent in Thailand, it’s important to act quickly and strategically to secure the best protection for your innovations. Whether you're filing domestically or internationally, petty patents provide an effective way to protect your intellectual property and maintain a competitive edge in the market.