Inventions have the power to change the world. Whether it was the lightbulb of Thomas Alva Edison or the radio of Guglielmo Marconi, inventions have changed the world for the better. But behind every great invention is the hard work, passion, and persistence of its inventor. Patent Services USA ensure that the inventors and their inventions remain well-protected always.
Do you have an idea or product that is unique and has huge commercial potential? If yes then submitting a patent application should be on the top of your priority list. It will protect you and your invention from being commercially exploited by current and future competitors.
When you file for a patent at Patent Services USA, you will have to choose from multiple categories of patents. Depending upon your product and idea, you will have to decide what kind of patent you would most preferably want. Your choice of patent type will play a crucial role in determining the scope of the protection granted under the patent.
A utility patent is the most common patent granted by Patent Services USA. In this blog, you will learn everything you need to know about Utility Patent, their scope, and their benefits. Keep reading to know more.
What is a Utility Patent?
A utility patent is granted to anyone who has invented the new machine, process, article of manufacture, or a composition of matter. In more simple terms, a utility patent protects the core function or solution of a new invention.
A US utility patent is valid for 20 years. However, the inventor must pay periodic fees to enforce his or her right or claim to the patent.
The utility patent approval rate is 11%. Considering the high rejection rate, it is wise to hire a patent attorney who can better navigate the complex patent filing procedure.
For your invention to be eligible for a utility patent, it must meet the following criteria:
Utility Patent Eligibility Criteria
- The invention must qualify for at least one of the statutory classes. There are 5 types of statutory classes: (1) the machine, (2) a process, (3) a composition of matter, (4) an (article of) manufacture, and (5) an improvement of an invention
- The invention must be novel( new and unique)
- The invention must be nonobvious
- The invention must be useful
Examples of Utility Patent
Utility patents are the most common type of patents issued by the USPTO. Nearly 9 in 10 patents granted by Patent Services in the USA are utility patents. They cover a wide range of inventions, including:
- Compositions of matter (e.g. Covid Vaccine Patents)
- Articles of manufacture (e.g. Hammers, Chairs)
- Processes(e.g. Software applications)
- Machines (e.g. Electric Vehicle Chassis)
What Does a Utility Patent Protect?
Whether you request a utility patent or any other patent, the scope of protection will be determined primarily by how well-planned and well-documented your patent application is.
If we have to give you a generic view of the scope of a utility patent, the following points aptly answer the question.
- A utility patent prevents individuals and companies from copying and commercially exploiting your invention
- A utility patent grants you (the inventor) complete authority for selling a patent, license usage rights, or market the product for commercial gains.
- A utility patent grants the inventor the right to claim damages against instances of patent infringement
Utility Patent Cost
Several factors determine utility patent costs. The primary among these is the USPTO Filing fees and the Patent Attorney fees.
You can file a patent for as little as $3,0000 or up to $10,000+. You can save considerably on costs if you decide to file it on your own without hiring an attorney. But this would require a considerable investment of time and effort on your part. You will have to do a lot of reading and carefully draft your patent application. In case of rejection, you will have to file an appeal. This will necessitate further reading into patent laws, more careful drafting, and submission of an appeal fee.
Given that patent grants can take anything between 3-4 years, it is always wise to hire a patent attorney who is well experienced in the technology you are working with as well as the area of work.
Provisional Vs Non-Provisional Patent Application
At times inventors are guilty of being over-ambitious with regards to the commercial scope of their application. Many times, there is already an alternative technology that offers a similar solution. This limits the potential revenue that investors can generate in the long run.
As such, the patent law allows inventors to evaluate the commercial aspects better by filing for a provisional patent. The cost of filing a provisional patent is comparatively less and inventors have one year before they need to file for a non-provisional patent.
Following the 12 months, if investors feel that the patent is not commercially viable, they can opt not to file for the non-provisional patent application. No fees are levied by the USPTO on inventors for failing to execute the non-provisional application.
Should You File a Design Patent Along With Utility Patent?
Design is a key element of any new invention. Especially, if the invention is the machine, an article of manufacture, or an improvement over a previous invention, a design patent further enhances and strengthens the scope of the patent protection.
However, please note that design patents will further increase your patent cost. Not to forget the extra time and effort that you will have to put in preparing the design patent draft. So, file for a design patent only if you feel it is necessary and intrinsic to your invention.
Alternatives to Utility Patent
The patent filing process can be resource-consuming. Especially, if you are an entrepreneur or a start-up the long-term costs associated with a patent filing can cripple you financially. There are some alternatives to patents that you can consider as well. These include:
# Trademark: Protects brand name and logos used on your products and services
#Non-Disclosure Agreement (NDA): An NDA is often referred to as a confidentiality agreement or a contract between two or more parties. The contract prevents the concerned parties from disclosing confidential information in public.
Please note that the scope of protection offered by these alternatives is very limited. NDA’s are part of contract laws and they are very different from patent laws. The interpretation of contract laws varies from one demographic to another. Hence, using these alternatives as your sole protection is ill-advised.
Final Words
The benefits and scope of utility patents outweigh the time, effort, and money you invest in the patent filing process. Patents are considered to be a very valuable asset, similar to investments, real estate, collectables, and jewellery.
A patent will safeguard your intention for two decades while giving you exclusive rights to check and demolish any act of infringement and exploitation by competitors. If you feel that your invention is unique, non-obvious, and saleable, a patent is a natural step forward for you to realize its maximum potential.
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