Many people hear the term "petty patent" alongside "invention patent" and get confused about the difference, and which one to register. This article explains it clearly.
What is a petty patent?
A petty patent (Petty Patent) protects an invention that is new and has real practical use, but doesn't need as high an inventive step as an invention patent. It suits inventions that improve or build on something existing — for example, improving a mechanism, changing a material, or adjusting how something is used to work better.
Key differences from an invention patent
Inventive step level: an invention patent needs an inventive step, while a petty patent doesn't require one at all, making it easier to register.
Examination process: an invention patent must go through in-depth Substantive Examination by an examiner. A petty patent has no such step — the Department only checks document accuracy and basic novelty, so it's granted much faster.
Protection term: an invention patent is protected for 20 years, while a petty patent is protected for 6 years, renewable twice for 2 years each, up to a maximum of 10 years.
Processing time: an invention patent takes an average of 3-5 years, while a petty patent takes roughly 6 months to 1 year.
Which should you choose?
If your invention is highly novel and complex, is a genuinely new innovation, and needs long-term protection of up to 20 years, choose an invention patent.
If your invention is an improvement on something that already exists, you need to bring it to market quickly, or your business has a short product cycle, a petty patent fits better — because it's granted much faster, and in some cases you can still file for an invention patent later.
One thing to watch for: a petty patent doesn't go through the same in-depth novelty examination as an invention patent. If a dispute arises later, the other party can request a retrospective novelty check. So before filing, always run a Novelty Search carefully, no matter which type you choose.
Patent To You offers full-service patent and trademark registration, and copyright notification, with patent agents and lawyers who have more than 10 years of experience helping analyze which type of filing suits your invention, checking novelty before you file, all the way through to tracking your case until the certificate is issued. Free consultation before you decide.
Call 082-995-4454, 085-351-7977, or add us on LINE — we're happy to answer questions every day, 09:00–18:00.