Utility Patent Applications

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What is a Utility Patent?

By Dr. Bela Malik, Ph.D.

A utility patent application is a formal request submitted to the government, typically the United States Patent and Trademark Office (USPTO), seeking exclusive rights for a new and useful invention.

The law says that “whoever invents or discovers any new and useful process, machine, manufacture, composition of matter, or improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title,” as stated under Title 35, Part II, Chapter 10, Subsection 101. 
 
Inventors are given exclusive rights for their inventions through granted patents for a specified period. Only the patent holder can make, use, or sell the patented item during this time. 
 
There are three types of patents. These are utility, design, and plant. The patent office grants a design patent for a unique, original, and ornamental design applied to an article of manufacture. Meanwhile, a plant patent is granted for a plant capable of reproducing asexually and has a new genotype.
 

On the other hand, the classification of utility patents may include provisional and non-provisional categories.

Welcome to the Affordable Patent Agency’s Utility Patents service, where we help you protect your innovation with ironclad security. Our expert team can navigate the complexities of Utility Patent drafting and filing with precision and affordability. We ensure our comprehensive approach drafts your utility patent application to withstand the test of time. Choose the power of utility with us because your innovation deserves the fortress of patent protection that we offer.

Looking for a Trusted Utility Patent Agency? Call Affordable Patent Agency, LLC

Call (855) 444-1946 Today

Provisional Applications vs Non Provisional Applications

Provisional patent applications are temporary placeholders that allow you to obtain patent-pending status. The United States Patent and Trademark Office (USPTO) will not examine your application but will hold your patent application for up to 12 months. During this period, you can still make changes to your application. However, after 12 months, the application will become abandoned unless converted to a non-provisional application. 
 
In contrast, non-provisional applications are permanent applications that the USPTO will examine. Once submitted, applicants can never alter, add, or remove any application content. 

Understanding Utility Patent

The patent office grants a utility patent for an invention that is new or improved in one or more of the following areas: process, machine, article of manufacture, or composition of matter. A utility patent protects the article and governs how it must be operated, made, and manufactured. Thus, the patent covers the invention’s nature (such as structure or composition) and function. It is pertinent to note that utility patents protect your invention, how it can be used and made, and what your invention does. 
 
As a Registered Patent Practitioner with the USPTO, we apply a successful five-step process to ensure the grant of patents for your invention.

Utility Patents Search

Searching for previously published patents and non-patent prior art is crucial before applying for a utility patent. Find patents, articles, and public disclosures related to your innovation to determine whether it is novel or non-obvious.
 
To do this, you must establish your search scope. We will help you identify your invention’s keywords, phrases, and concepts based on claim scope.

Patentability Assessment 

This assessment depends upon two aspects of your invention:

Novel Invention: After completing the patent search, ascertain your idea is patentable. Determine if your innovation is new, meaning it has not been published or patented before your application filing date. If the prior art search uncovers similar patented products, we can help you identify novel and patentable aspects of your inventions.

Patentable Subject Matter: Your invention must be patentable subject matter. This topic is complex, but patentable innovations include machines, manufactured products, processes, and methods. In contrast, laws of nature, natural phenomena, and abstract ideas are not patentable subject matter.

Utility Patent Application Drafting

Utility patent applications need a precise and clear description of your innovation. A complete specification should include your invention’s components, functioning, and relevant drawings or diagrams. Also, clearly explain how to create and use the invention, including any required materials, techniques, or procedures. Draw or diagram essential inventive elements if relevant. Your patent claims should also specify your precise protection scope.

Application Filing

Once complete, file your applications with the USPTO with all the necessary documents. Electronically filing your patent application is cheaper and faster. Filing fees vary by type of patent and size of patent owner company (micro-, small, or big). 

Patent Prosecution

Upon submission, a patent examiner reviews your utility patent application. This process is called patent prosecution. Your application is checked for patentability by the patent examiner. They may reject, object,   clarify official acts, or allow one or more claims. 
We, the Affordable Patent Agency, can assist you because we understand and know all the complexities of utility patents, from drafting to prosecution.

Significance of Utility Patents

Exclusivity

Most importantly, utility patents provide inventors exclusive selling, making, and importing rights to their innovations for 20 years after filing, allowing inventors to profit from their inventions.

Innovation Incentive

Utility patents bolster innovation. Patents encourage innovators to spend time, effort, and money on innovative technologies, goods, and processes by granting a limited-time monopoly and offering a financial advantage through the patent.

Disclosure

An inventor must describe their idea in depth in a utility patent application to receive exclusive rights. By law, the patent owner must provide full disclosure in exchange for the limited-time monopoly granted. This disclosure must enable others to make and use the innovation.

During the application and award procedure, the patent office rigorously reviews innovations for novelty, non-obviousness, utility, and patentable subject matter eligibility. This oversight maintains industry innovation quality and reputation.

Infringement Prevention

A utility patent protects an innovation from unlawful use, manufacturing, sale, or import. The patent owners can sue for damages if someone uses the protected technology without authorization.

Market Edge

A utility patent can provide you with a commercial edge. It can increase market share and brand recognition. It also promotes a strong patent portfolio, attracting investors and venture capitalists.

International Protection

Utility patents allow innovators to protect their inventions worldwide because the inventors can file a PCT patent application using a utility patent priority date. For multinational firms, this is crucial.

Encourage Collaboration

Patents can also foster inventor-company collaboration. To use patented technology, licensing agreements, cross-licensing, and joint ventures might ensue. With this, they help advance technology and safeguard innovators. Patented items or technology also attract more funding for further research and development.

Provisional Patent Application

Curious about additional patent services? Explore our offerings, including the Provisional Patent Application service, and discover how we can assist you in safeguarding your intellectual property!

Frequently Asked Questions

1. What does a utility patent protect?

A utility patent protects new and useful processes, machines, manufactured items, or compositions of matter, or any new and useful improvement thereof. To put it another way, utility patents protect inventions that serve a specific purpose or are used for a particular purpose. A utility patent entitles the holder to exclude others from making, using, selling, and importing the patented invention for a limited time, typically twenty years from the first filing of the patent application.

2. What is the cost of a utility patent?

It is important to note that the cost of obtaining a utility patent can vary widely depending on several factors, including the complexity of the invention, the type of patent attorney or agent you hire, the country in which you are filing the patent, and government fees. In addition to the cost of the patent, it is important to consider whether the attorney will spend the time necessary to comprehend your invention. Our practical experience in the real world makes us proficient at handling this. Furthermore, due to our low overhead costs, we can provide a professional service at a very competitive price.

3. Is a utility patent worth it?

Whether obtaining a utility patent is worth it depends on several factors, including the potential market value of the invention, its nature, and the resources available to bring it to market. Since a utility patent protects your invention from being copied or imitated by competitors, this exclusivity can provide a competitive advantage, particularly if your invention is unique, has strong commercial potential to dominate the market, and is likely to generate substantial revenue or market share. If your innovation requires funding and investment to bring it to market, a utility patent can enhance your credibility with investors, as they frequently look for intellectual property protection as a sign of the innovation’s value and potential. The patent rights can, however, be licensed to others in exchange for royalties if you do not intend to manufacture and sell the invention. The cost of not protecting your invention may be much higher and riskier than not obtaining a utility patent. If you are considering pursuing a utility patent for your invention, it is advisable to consult with a patent attorney or agent who can assess your situation and guide you in making an informed decision. We are pleased to offer you a free initial consultation to determine whether a utility patent is appropriate for you.

4. What are utility patent examples?

Utility patents cover a wide range of inventions, including processes, machines, manufactured items, and compositions of matter. Examples of inventions eligible for utility patents are original and non-obvious new drugs, formulations, treatment methods, medical equipment, mechanical devices, chemicals, genetic engineering products and techniques, gene therapies, biopharmaceuticals, industrial processes, and manufacturing processes.

5. What is a utility patent?

A utility patent, often known as a patent for innovation, is an intellectual property protection that covers novel and valuable methods, machinery, manufactured objects, formulations, and compositions.

6. Who may file for a utility patent?

Utility patents can be applied for by inventors (individuals or organizations) and assignees (those who hold legal ownership of the innovation).

7. What is the term of a utility patent?

Utility patents typically have a life of 20 years from the filing date, assuming maintenance costs are paid.

8. What are the fundamental prerequisites for acquiring a utility patent?

To be eligible for a utility patent, an invention must be innovative, non-obvious, useful, and is patentable subject matter. It should also be fully detailed in the patent application.

Hire a Reliable Patent Agent

In the intricate world of patent protection, the Affordable Patent Agency stands out as a valuable partner.

Our team boasts deep patent law expertise, ensuring your intellectual property is in capable hands. Whether you’re a seasoned inventor or new to patents, our competence guarantees top-notch support.

Wondering if your innovations qualify for patents and where and when to file them? We offer tailored guidance, helping you make informed decisions. Our expertise in crafting quality patent applications increases your chances of success.

Our prior art searches unveil existing patents and publications related to your idea, assisting you in assessing its uniqueness and patent-worthiness. We streamline the application process, meeting deadlines with professionalism.

For those with inventions deserving of utility patents, reach out to our Affordable Patent Agency today. Our free consultation ensures you’re on the right path to safeguarding your intellectual property effectively.

Looking for a Trusted Utility Patent Agency? Call Affordable Patent Agency, LLC

Call (855) 444-1946 Today

Affordable Patent Agency, LLC
4131 N. Central Expressway, Suite 900, Dallas, TX 75204
(855) 444-1946

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