Invention Basics: What is a utility patent?
Do you have an invention you would like to protect? Congratulations, you came to the right place to learn how to turn your idea into a patent.
Hsiang here (pronounced Shawng), your trusted registered patent attorney at Innovent Law. My goal in this guide is to explain to you the most coveted patent type: utility patents.
It will take less than 5 minutes to know the difference between a utility patent and a design patent, how to obtain a utility patent, and how long it lasts.
Understanding the Basics
The easiest way to to understand the difference between a design patent vs. utility patent is asking yourself this 2 questions:
- Is your invention a new, improved, and useful process, machine, manufacturer, or composition of matter?
- Does your invention relate to a new and useful improvement of a process, machine, manufacturer or composition of matter?
If your answer is: “Yes” and it qualifies the above-mentioned criteria, you have an invention eligible for a utility patent.
However, if you find yourself asking if you can also patent the ornamental designs of an invention, you may want to learn more about design patents. We have a separate blog post “Design Patents and Their Importance in the Market” for you.
The United States Office of Patents and Trademarks issues utility patents, they last up to 20 years from the date the patent application was filed. Protecting your invention will prevent other people and companies from making, using, offering to sell, or selling the patented invention, within the United States, or importing into the United States the patented invention, during the term of the patent.
Did you know that 90% of granted patents are utility patents? If you are ready to start your journey toward securing an utility patent, go to our pricing page and find out more about what and how we can assist you.
Utility Patents Examples for Inventors and Startups
Do you still have questions about design patents and utility patents? Let me explain it with a few examples of what we have registered as utility patents attorneys at Innovent Law.
Machines
Machine includes every mechanical device or combination of mechanical powers and devices to perform some function and produce a certain effect or result. Croning v. Burden, 56 U.S. 252, 267 (1853). As an electrical engineer and registered patent attorney, learning about machines and understanding their functionality it’s one of my favorite parts about working with utility patents.
This kind of utility patents relates to something composed of moving parts such as computers, electrical spare parts, hardware, engines.
Article of Manufacture
The term refers to the production of articles for use from raw or prepared materials by giving to these materials new forms, qualities, properties, or combinations, whether by hand-labor or by machinery. Chakrabarty, 447 U.S. at 306. These patents are crucial, specially with what happens when amazon sells a product that works the same as your inventions.
Articles of manufacturing can be a range from products like: hair, beauty, home decor, cleaning products, and others.
Processes
Process means “process, art or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material.” 35 U.S.C. § 100(b). Does your company have a business model that is new or improved and useful for their business goals and it’s a differentiator from their competitors? If so, you have a process invention.
Some examples of process inventions are: business model, software, algorithms, mobile apps, and more.
Remember they need to be new or improved and useful. If your invention it’s about how it’s used but how it looks, maybe you have in your hands a design patent. My best advice it’s to consider a strategic call with a patent attorney or agent to talk about this specifics.
How to obtain a utility patent
The first step is to make sure you do a patent search to have certainty that your patents is new or improved
After doing our patentability checklist, Google Patent Search, USPTO Public Search are a good start for your research. My recommendation is to talk to a patent attorney or agent before starting your process. The patent registration process it’s costly and time consuming. Avoid common mistakes in this process, you can learn more here.
With Karima Fathi Gulick, also a registered patent attorney, we created a downloadable patent checklist completely free, you only need to register with your name and email and we will send you the checklist in pdf format.
The most common question is: How much are utility patents?
There are the USPTO fees and legal fees you will need to cover for your utility patent. We have a whole blog post about costs of patenting for you to have handy after this.
Things you must not forget: Criteria for Utility patents require which of the following elements?
- Patentable subject matter
- Utility
- Novelty
- Non-obviousness
- Enablement
Patent Illustrations
Utility patent illustrations are an essential component of a patent application. They serve to visually represent the invention, providing clear and detailed drawings that help clarify and support the textual description.
These illustrations or sketches will help patent examiners to understand how your invention works and respond to the USPTO requirements. Properly executed, they can significantly impact the success of your patent application and the strength of your patent protection.
Why Choose Expert Guidance for Your Utility Patent Journey
Securing a utility patent transforms your idea into a recognized invention. This journey, though exciting, involves complex and costly steps. Ensuring compliance with USPTO requirements and your company’s strategy is critical for your patent’s success.
At Innovent Law, we specialize in guiding inventors, startups, and venture capitalists. Our team of experienced patent attorneys and agents is committed to simplifying your patent process. We offer the expertise and support needed to efficiently bring your proven inventions to market.
Don’t go at it alone. Contact us today to explore our services and learn about our competitive pricing options.