Filing a petty patent starts with preparing the invention details and supporting documents, then filing the application with the Department of Intellectual Property. The DIP runs only a preliminary examination of novelty and industrial applicability (not the substantive examination an invention patent goes through) before registering and publishing it. The whole process typically takes about 6 months to 1 year. Government fees run in the low hundreds of baht, kept clearly separate from Patent To You's professional service fee, and once the initial 6-year term ends you can renew twice, 2 years each.
Overview of the Filing Process
Getting a petty patent registered differs from an invention patent mainly in one respect: there's no substantive examination step, so it moves much faster. In summary, the process runs through these stages:
- Prepare the invention details and documents — a clear description of the invention and what it improves on
- File the application with the Department of Intellectual Property, with supporting documents
- Formality examination — checking that documents and forms are complete
- Preliminary examination of novelty and industrial applicability only
- Publication and registration once the application passes examination
- Receive the petty patent certificate
Documents You Need Before Filing
Having complete documents from the start reduces the risk of the DIP issuing a correction order during examination, which would otherwise delay the process:
- National ID card, or company registration certificate for a juristic person
- Invention details clearly describing what has been improved from the existing design
- Drawings or sketches, if applicable
- Power of attorney, if a patent agent is filing on your behalf
What the DIP Examines
Petty patent examination happens in two stages: a formality examination (checking documents are complete and the application follows the correct form) and a preliminary examination covering only novelty and industrial applicability - there is no examination of inventive step, and no substantive examination the way an invention patent gets. That's what makes the process faster. The trade-off is that novelty isn't scrutinized in as much depth at this stage, so a registered petty patent can still be challenged for novelty later if a dispute arises.
Government Fees vs. Professional Fees, Kept Separate
How Long It Takes to Get a Petty Patent
The process typically takes about 6 months to 1 year from the filing date - much faster than an invention patent, which often takes several years because of its substantive examination. Actual timing depends on how complete your documents are from the first filing, how clearly the invention is described, and the DIP's current application volume.
Renewing After Registration
A petty patent is protected for 6 years from the filing date and can be renewed twice, 2 years each, for a maximum protection term of 10 years, under Chapter 3 Bis of the Patent Act B.E. 2522 (Sections 65 bis through 65 decim). The renewal request must be filed with the competent official within 90 days before the expiration date of each protection period. Unlike an invention patent's annual maintenance fees, the law does not provide a grace period after that deadline, so plan ahead and track the date closely. Current renewal fee amounts were not freshly verified in this update - confirm the current rate with the DIP or our team ahead of your renewal date.
Frequently Asked Questions
Can I file a petty patent application myself, without an agent?
Yes - an inventor can file directly with the Department of Intellectual Property. Many applicants still choose a registered patent agent, though, to help draft the application so it covers the right scope of protection and to reduce the risk of refusal caused by documentation errors.
What happens if my filing documents are incomplete?
The Department of Intellectual Property will issue an order requiring correction or clarification within a set deadline. If you don't respond to that order, the application can be treated as abandoned or refused. Preparing complete documents from the start reduces the risk of delay.
When do I need to file for petty patent renewal?
You must file the renewal request within 90 days before the expiration date of each protection period. A petty patent can be renewed up to twice, 2 years each, for a maximum total protection term of 10 years from the filing date.
