Utility Patent

Utility Patent: Definition, Rights, and How to Get One

Key takeaways
* A utility patent protects new or improved and useful products, processes, machines, or compositions of matter.
* It grants the patent owner the exclusive right to make, use, sell, or import the invention for up to 20 years from the filing date (subject to maintenance fees).
* Utility patents are the most common U.S. patents and can be complex and costly to obtain.

What is a utility patent?

A utility patent (often called a patent for invention) covers inventions that are new, useful, and non-obvious. Typical subjects include machines, processes (including software and business methods), manufactured articles, and chemical or pharmaceutical compositions. The statutory basis in U.S. law is 35 U.S.C. §101, which permits patents for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”

Once granted by the U.S. Patent and Trademark Office (USPTO), a utility patent lets the holder exclude others from making, using, selling, offering for sale, or importing the patented invention in the U.S.

Term and fees

• Term: Generally up to 20 years from the earliest effective non-provisional filing date.
• Maintenance: Periodic maintenance fees are required to keep many utility patents in force. Failure to pay can result in expiration before the 20-year term.

How to obtain a utility patent

Typical steps:
1. Evaluate patentability: novelty, usefulness, and non-obviousness.
2. Prepare application: a detailed written description, claims that define the invention’s scope, and usually drawings.
3. File with the USPTO (provisional or non-provisional routes exist).
4. Prosecution: respond to USPTO office actions and amend claims as needed.
5. Issuance: if allowed, pay issue fees and maintain the patent with periodic fees.

Because drafting claims and responding to office actions requires technical and legal skill, inventors commonly hire a patent attorney or registered patent agent. Costs vary widely by complexity — from a few thousand dollars for simple filings to tens of thousands for complex technologies and extended prosecution.

How utility patents differ from other patents

• Design patents: Protect the ornamental appearance of an article, not its function. They rely mainly on drawings and last about 14–15 years from the filing date. Design protection can be obtained in addition to utility protection for the same product if the item is both functional and has a distinct appearance.
• Plant patents: Cover new and distinct asexually reproduced plant varieties. Plant patents also generally last 20 years from filing and do not require maintenance fees.
  Utility patents account for the vast majority of patents issued by the USPTO.

Examples of inventions covered

• Machines: engines, computers, medical devices.
• Articles of manufacture: tools, consumer products, industrial components.
• Processes: manufacturing methods, chemical processes, software algorithms (when patentable).
• Compositions of matter: drugs, polymers, chemical compounds.

Searching for existing patents

Before filing, search existing patents and published applications to assess novelty:
* Use the USPTO’s Patent Public Search tools to search by keywords, inventor names, classification, or application number.
* Consider professional patent searches or freedom-to-operate opinions for commercial projects.

Common FAQs

Q: Do utility patents expire?
A: Yes—typically after 20 years from filing, unless maintenance fees are not paid earlier.

Q: Can an invention receive both a utility and a design patent?
A: Yes. If an invention is both functional (utility) and has a novel ornamental design, it may be protected by both types of patents.

Q: How long does it take to get a utility patent?
A: Pendency varies by technology area and USPTO backlog; it commonly takes one to several years from filing to issuance.

Conclusion

Utility patents provide strong, exclusive rights over functional inventions and are central to protecting technological innovations. Because obtaining and enforcing utility patents can be complex and costly, careful preparation, a thorough patent search, and professional guidance are recommended.