Petty Patent Definition

Petty patents, also known as utility models, protect certain new inventions from competition for a limited period of time. While the details of the definition and the requirements for obtaining a petty patent vary from one country to the next, these patents are available worldwide in some form.

Definition

Petty patents are generally issued for inventions that do not meet the requirements of ingenuity and novelty necessary for a full patent. In other cases, they are used to protect minor changes to an invention that already has a regular patent.

Time and Cost

Because receiving a petty patent does not require the thorough examination necessary for a full patent, it generally only takes about six months for the patent to be issued. They are also less expensive to obtain.

Length

Most petty patents protect an invention for seven to 10 months, depending on the location of the patent. While they cannot be renewed or extended, they can be changed into a full patent under certain qualifying circumstances.

Competition

Competitors have the legal right to challenge an application for a petty patent if they disagree that the invention is novel and inventive. If this happens, investigators re-evaluate the qualifying features of the invention.

References

• Ladas & Perry LLP: Petty Patent (Utility Model) Protection
• World Intellectual Property Organization: Protecting Innovations by Utility Models
• DPMA: Utility Model Protection
• India Patent: Difference Between Patent and Utility Model
• Patent Filer: Utility Models