What is a utility patent?
A utility patent covers the invention of a new or better machine, technique, or valuable product. A utility patent, also called a “patent for invention,” forbids other people or businesses from producing, using, or commercializing the idea without permission. Most people probably mean a utility patent when they talk about patents.
Recognizing Utility Patents
Utility patents provide innovators with the exclusive right to manufacture and use the newest technology covered by the patent for commercial purposes. It is challenging to secure utility patents because of their value. They may also be challenging to write, requiring a time-consuming and costly procedure, and challenging to comprehend due to their intricacy.
Utility patents give the invention owner the exclusive right to sell the new or improved machine, method, or product for 20 years.
One definition of a utility patent is any invention for which a patent may be obtained. Title 35, Part II, Chapter 10, Subsection 101 of the United States Code states that “whoever invents or discovers any new and useful process, machine, manufacture, composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.”
The U.S. Patent and Trademark Office (USPTO) grants utility patents with a 20-year maximum duration. However, the patent holder could have to pay maintenance costs during that time. Upon issuing a utility patent, creators can prohibit other parties from producing, using, or commercializing their creations.
Aside from having a brilliant concept, hiring a patent lawyer or agent is the first step for many in getting a utility patent. They can help an innovator navigate the complex utility patent application procedure. Hiring a technical artist to create patent drawings can be the next step. Once everything has been assembled, a filing may be created. The cost of submitting an invention may vary greatly, from a few thousand dollars to tens of thousands, depending on its intricacy.
Comparing Utility and Other Patents
A product with a utility patent may also be eligible for a design patent, which protects the product’s distinctive visual elements and only necessitates a minimal amount of text and drawings to describe the design. Design patents are available independently and have a 14–15-year expiration period from the filing date. Remember that your innovation must be functional and serve a purpose—it cannot merely be for show—to qualify for a utility and a design patent.
The third type of patent is a plant patent, which a person who has discovered or created a new plant can obtain. It has a 20-year expiration date and has no maintenance costs. Compared to utility or design patents, there are much fewer plant patents.
Utility Patent Examples
The most prevalent kind of patent granted by the USPTO are utility patents, which cover a wide variety of innovations such as:
- Machines (i.e., anything with moving components, like computers or engines)
- manufactured goods (such as candleholders and brooms).
- Procedures (software, business procedures, etc.)
- Materials compositions (pharmaceuticals)
According to the USPTO, over 90% of all awarded patents are utility patents.
Looking for Patents on Utility Products
Whether you’re interested or studying before applying your invention, the USPTO provides several methods for looking for patents. Users may do keyword, inventor name, and filter-based searches using the Patent Public Search option. If you’ve previously applied for a patent, check the progress of your application using confident choices.
What sets utility patents apart from other types of patents?
Over 90% of patents awarded by the USPTO are utility patents for new or better machinery, processes, or goods. Design patents are drawings of a design with very little text, among other kinds of patents. You may even patent a plant that you have made or found.
Is it possible to look up current patents?
Users may check what patents exist by using the USPTO’s Patent Public Search feature. Keywords and other descriptors may be used to narrow searches.
Utility Patents: Do They Expire?
Patents on utilities are valid for 20 years. The patent holder could be required to pay maintenance costs to keep the patent active during that time.
The Final Word
Utility patents provide holders with exclusive rights over the product and are available for new or improved machinery, processes, or goods. This covers the production and marketing of the product, which might be beneficial if there is a demand for the patented good. With a 20-year validity period, utility patents are the most frequently awarded patent type by the USPTO.
Conclusion
- Utility patents are reserved for novel or enhanced goods, systems, or machinery.
- Utility patents are valuable because the patent owners have the exclusive authority to manufacture, use, or market the innovation.
- Up to 20 years are allowed to renew patents, during which maintenance costs could apply.
- Over 90% of all patents awarded by the U.S. Patent and Trademark Office are utility patents.
