Many inventions improve on something existing rather than create something wholly new. Those often fail the inventive step a patent requires, but can still be registered as a petty patent, for which the law does not impose that condition.
The trade-off is a considerably shorter term, in exchange for much faster registration, since there is no detailed examination of inventive step at the first stage. For products with a short life, getting the right quickly is worth more than holding it for long.
Novelty still applies exactly as it does for a patent: public disclosure before filing destroys it.
When a petty patent is the right choice
- The invention improves on something existing and a skilled person might arrive at it without great difficulty.
- The product has a short life and the right is needed quickly.
- A registered right is needed for negotiations with partners or investors.
- The aim is to control copies in the domestic market.
When to file a patent instead
- The invention is not obvious to a skilled person and has long-term value.
- You will also file abroad, where many countries have no petty patent system.
- It will be used as an asset in fundraising or a sale of the business, where investors look at the remaining term.
What we do
- Assess which of the two routes fits the invention.
- Search the prior art to assess novelty.
- Draft the specification and the claims.
- File and see the application through to registration.
- Keep the annual fees and renewals in order.
- Act against infringers, and record assignments and licences.
This page is general information, not advice on your invention. The choice between the two is made case by case; bring the details for assessment before disclosing anything publicly.