What Is a Utility Patent?

Utility patents pertain to technologies and other man-made inventions. As stated in the patent laws, anyone who "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."

  1. Function

    • Utility patents are designed to legally exclude others from manufacturing, selling, using or preparing to sell the same invention that is patented. The utility patent protects a useful manufactured product and/or the process of how it works.

    Time Frame

    • The duration of the utility patent is 20 years from the date the application is approved and filed.

    Significance

    • The key intent of this patent is to incentivize and protect individuals involved in the creation of inventions of technologies and unique manufactured goods to keep the country as innovative as possible. Since an inventor usually invests so much time and money into creating the invention, the incentive for doing this is that they are protected to have sole rights to gain control of commercial sales of their item.

    Utility vs. Design Patents

    • Utility patents protect the way the item works and how it is utilized. Design patents protects the decorative appearance of the item. You are able to apply for both patents for one invention. They will maintain separate legal value, but perhaps may apply simultaneously in that the function of an invention may also be a decorative element.

    Submittal

    • There are numerous elements involved with the submittal process. Primarily, the application must include a specification, design drawings if necessary to explain it, oath and appropriate fees.

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