Utility Patent

Lia Kopin-Green
November 7, 2022

What is a Utility Patent?

Utility patents protect “new, nonobvious and useful” articles of manufacture, compositions of matter, processes, machines, and some relevant improvements. In the United States, utility patents are the most common type of patent. Therefore, when people refer to the term “patent,” they are typically referring to utility patents.

The patent prohibits third parties from making, using, or profiting off of a certain invention without proper authorization. In other words, utility patents give inventors exclusive rights to produce and use a particular invention or creation. 

Key Takeaways

  • According to U.S. federal law, utility patents protect “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”
  • The most common type of patent in the United States is a utility patent.
  • In most cases, utility patents remain valid for 20 years beginning with the date the patent application was filed with the United States Patent and Trademark Office (USPTO). 

Filing a Utility Patent Application

In order to obtain federal protection for your invention or creation, you will need to submit an official patent application with the USPTO. This process can be costly and complicated, especially if you attempt to file your application without proper legal representation. Working with a professional intellectual property attorney can help ensure that the patent application process is conducted correctly and efficiently. 

Here is a brief overview of how obtaining a utility patent works:

  1. Conduct a patent search - According to U.S. law, utility patents must be considered “new.” This is what makes patent searches so important, as they ensure your invention is original and has not been done before.
  2. Prepare your application - Once you have made sure your invention is the first of its kind, it’s time to file a patent application. The process involves a number of critical components, so it is recommended that you complete your application with the help of a knowledgeable intellectual property attorney.
  3. Respond to the examiner - Generally, you will receive at least one rejection from the USPTO’s patent examiner before your invention is finally approved. It is important to make the necessary amendments and modifications before moving forward with the application process.
  4. Receive a notice of allowance - If the patent examiner decides that your invention is worthy of federal protection, you will receive a Notice of Allowance for your utility patent. 
  5. Pay relevant fees - Receiving a notice of allowance does not mean that your patent is officially registered. In order to obtain a utility patent, filing fees must be paid within three months of receiving a notice of allowance.

Bottom Line

A utility patent is a valuable asset to any company or individual. However, in turn, they can be challenging to obtain. Utility patent applications are full of complex legal language, which can make the entire process time consuming and frustrating.

Working with a skilled patent attorney is the best way to reduce stress and improve efficiency throughout the patent application process. Consult with one of our top tier lawyers today at Attorney at Law.

Featured Intellectual Property Lawyers

Klinedinst Attorneys PC

Google rating
40 years in practice
Criminal Defense, Employment Law, Intellectual Property, Premises Liability, Real Estate Law
View Profile

Stevens & Legal, LLC

Google rating
13 years in practice
Employment Law, Intellectual Property, Personal Injury, Premises Liability, Wrongful Death
View Profile

Law Office of Peace & Squires, PLLC

Google rating
14 years in practice
Auto Accidents, Business Law, Employment Law, Intellectual Property, Medical Malpractice
View Profile

Orange County Personal Injury Attorney

Google rating
22 years in practice
Auto Accidents, Personal Injury, Wrongful Death
View Profile

Ibrahim Law Firm

Google rating
11 years in practice
Auto Accidents, Bankruptcy, Personal Injury
View Profile

JSM Injury Firm APC

Google rating
4 years in practice
Auto Accidents, Personal Injury, Premises Liability, Wrongful Death
View Profile

Related Posts

False Advertising
Lia Kopin-GreenAugust 30, 2022
Patent Abstract
Lia Kopin-GreenAugust 4, 2022
Patent Troll
Lia Kopin-GreenOctober 23, 2022
Intellectual Property
Lia Kopin-GreenSeptember 1, 2022
Attorney At Law is changing how clients connect with lawyers. By providing an innovative platform to lawyers who want to expand their practice’s reach, AAL is bringing law practices into the future.
6142 Innovation Way
Carlsbad, California 92009
Some of the content of this website may be considered attorney advertising under the rules of certain jurisdictions. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
crossmenuchevron-upchevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram