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What Is a Utility Patent?
Let me explain what a utility patent is. It covers the creation of a new or improved—and useful—product, process, or machine. This type of patent, also known as a 'patent for invention,' stops other individuals or companies from making, using, or selling your invention without your authorization. When people talk about patents in general, they're usually referring to utility patents like these.
Key Takeaways
Utility patents apply specifically to products, processes, or machines that are new or improved. As the patent owner, you get exclusive rights to make, use, or sell the invention, which gives these patents real value. They last for up to 20 years, but you might need to pay maintenance fees to keep them active. Remember, utility patents represent more than 90 percent of all patents granted by the U.S. Patent and Trademark Office.
Understanding Utility Patents
Utility patents provide you, as the inventor, with exclusive commercial rights to produce and use the latest technology your patent covers. This exclusivity makes them valuable, but it also makes them hard to get. They can be tough to write up, the process takes time and money, and their complexity might make them hard for you to understand fully.
Utility patents cover the creation of a new or improved—and useful—product, process, or machine, giving you exclusive commercial rights for 20 years. This is outlined in Title 35, Part II, Chapter 10, Subsection 101 of the United States Code, which states that whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent, subject to the conditions and requirements of the title.
The USPTO issues these patents, and they last up to 20 years, though you may have to pay maintenance fees during that period. Once issued, you can prevent others from manufacturing, using, or selling your invention.
For many inventors, the first step after having a unique idea is to hire a patent attorney or agent. They can guide you through the complex filing process. Next, you might need a technical illustrator for patent drawings. Once everything is ready, you file the application. Costs can range from a few thousand to tens of thousands of dollars, depending on how complex your invention is.
Utility Patents vs. Other Patents
A product with a utility patent might also qualify for a design patent, which protects its unique visual elements and only needs drawings with limited text. Design patents last 14 to 15 years from filing and can stand alone. If you want both, your invention must be useful and serve a practical purpose, not just be decorative.
There's also a plant patent for anyone who discovers or creates a new plant variety. It lasts 20 years from filing with no maintenance fees. Plant patents are much rarer than utility or design patents.
Examples of Utility Patents
Utility patents, the most common type from the USPTO, cover a wide range of inventions. These include machines like engines or computers that have moving parts, articles of manufacture such as brooms or candleholders, processes including business methods or software, and compositions of matter like pharmaceuticals. According to the USPTO, over 90% of granted patents are utility patents.
Searching for Utility Patents
The USPTO provides several ways for you to search patents, whether you're researching before applying or just curious. Use the Patent Public Search to look by keywords, inventors' names, or other filters. You can also check application status if you've already filed.
How Do Utility Patents Differ From Other Patents?
Utility patents are for new or improved products, processes, or machines, and they make up more than 90% of USPTO patents. Design patents are just drawings of a design with minimal text, and you can even patent a new plant you've discovered or created.
Can You Search for Existing Patents?
Yes, the USPTO's Patent Public Search lets you check for existing patents. You can filter searches by keywords and other details.
Do Utility Patents Expire?
Utility patents last up to 20 years, but you may need to pay maintenance fees during that time to keep them in force.
The Bottom Line
If you have a new or improved product, process, or machine, you can apply for a utility patent to get exclusive rights over it. This includes manufacturing and selling, which can be valuable if there's a market. Utility patents are by far the most common type granted by the USPTO, and they last up to 20 years.
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