Overview
A utility patent covers the creation of a new or improved—and useful—product, process, or machine. Often referred to as a “patent for invention,” it prohibits others from making, using, or selling the invention without authorization. When most people mention a patent, they are usually referring to a utility patent.
Key Insights
- Innovation Shield: Utility patents specifically protect new or improved products, processes, or machines.
- Exclusive Rights: Patent owners hold the exclusive rights to make, use, or sell the invention, adding substantial value to utility patents.
- Long-Term Protection: Utility patents are valid for up to 20 years, often requiring maintenance fees for continued protection.
- Primary Patent Type: Over 90% of all patents granted by the U.S. Patent and Trademark Office (USPTO) are utility patents.
Understanding Utility Patents
Utility patents grant inventors exclusive commercial rights to produce and use the technology covered by the patent. This exclusivity makes utility patents difficult to obtain. They often involve complicated writing, time-consuming processes, and potential expenses, which highlight their importance.
Governed by Title 35, Part II, Chapter 10, Subsection 101 of the United States Code, a utility patent encompasses any invention that involves a new and useful process, machine, manufacture, or composition of matter, or an improvement thereof.
Utility patents, issued by the USPTO, last for up to 20 years but may require periodic maintenance fees. Once issued, they empower inventors to prevent others from creating, using, or selling their invention.
For many inventors, the initial step towards obtaining a utility patent—aside from having a unique idea—is hiring a patent attorney or agent to navigate the complex filing process. Technical illustrators often draft patent drawings. Filing costs for a utility patent can range from a few thousand dollars to tens of thousands, depending on the invention’s complexity.
Utility Patents vs. Other Patents
A product covered by a utility patent may also obtain a design patent to safeguard its unique visual elements. Design patents, lasting 14 to 15 years from the filing date, are accompanied by limited text and do not require maintenance fees.
Additionally, plant patents are awarded for discovering or creating a new plant variety. These patents also last for 20 years from the filing date and differ significantly in processing and maintenance from utility patents.
Examples of Utility Patents
Utility patents cover an extensive range of innovations, including but not limited to:
- Machines: Complex structures with moving parts, such as engines or computers.
- Articles of Manufacture: Simple physical items, from household tools to industrial devices.
- Processes: Systems like business methodologies or software algorithms.
- Compositions of Matter: Chemical compositions, including pharmaceuticals.
According to the USPTO, utility patents account for more than 90% of all patents granted.
How to Search for Utility Patents
The USPTO provides multiple tools for patent searches. The Patent Public Search allows users to find patents using keywords, inventor names, and other filters. This feature is useful for both preliminary research and ongoing application status checks.
FAQs
How Do Utility Patents Differ From Other Patents?
Utility patents focus on new or improved products, processes, or machines. Other patents, like design patents, protect visual designs accompanied by minimal descriptions or drawings. Plant patents are issued for new plant varieties.
Can You Search for Existing Patents?
Yes, the USPTO offers a Patent Public Search tool to locate existing patents. Filters such as keywords and inventors’ names can help narrow down searches.
Do Utility Patents Expire?
Utility patents are valid for up to 20 years, with maintenance fees potentially required throughout that period.
Conclusion
Utility patents shield and enhance the value of new or improved products, processes, or machines by granting exclusive rights over their manufacture and sale. As the most common type of patent granted by the USPTO, they are invaluable assets that offer up to 20 years of protection.
Related Terms: design patent, plant patent, patent attorney, patent agent, patent maintenance.
References
- U.S. Patent and Trademark Office. [“2701 Patent Term [“R-10.2019"]”](https://www.uspto.gov/web/offices/pac/mpep/s2701.html).
- Cornell Law School, Legal Information Institute. “35 U.S. Code Sec. 101 - Inventions patentable”.
- U.S. Patent and Trademark Office. “Maintain your patent”.
- U.S. Patent and Trademark Office. “USPTO Fee Schedule”.
- U.S. Patent and Trademark Office. [“1505 Term of Design Patent [“R-08.2017"]”](https://www.uspto.gov/web/offices/pac/mpep/s1505.html).
- U.S. Patent and Trademark Office. “General Information About 35 U.S.C. 161 Plant Patents”.
- U.S. Patent and Trademark Office. [“2504 Patents Subject to Maintenance Fees [“R-10.2019"]”](https://www.uspto.gov/web/offices/pac/mpep/s2504.html).
- U.S. Patent and Trademark Office. “All Patents, All Types Report”,
- U.S. Patent and Trademark Office. “Search for Patents”.
- U.S. Patent and Trademark Office. “Welcome to Patent Public Search”.
