What is a Utility Patent?

A utility patent is one of several types of patents you may be able to obtain if you plan to create and build an invention. This specific type of patent is important for the invention of something new or a significant improvement on an existing product. It can also apply to a process or a machine. This is the most commonly understood form of a patent, though there are several other forms that may be better for your invention. Here’s what you need to know.
About 90 percent of all patents that the USPTO receives and approves are utility patents. Because they are so important, it is also essential that you understand how they work and how to get them.

Utility Patent Overview

Like all patents in the country, the United States Patent and Trademark Office, also known as USPTO, is the issuing body for this form of patent. When a person successfully secures a utility patent, he or she is given exclusive rights to the property. There are numerous steps in this process, and they can be quite difficult to manage. Yet, utility patents are the most common form.
This type of patent protects the creation of a product, process, or a machine. That is, it stops other people from using or making the same thing. It also prohibits them from selling the invention without the proper authority from the patent holder.
If you are creating an invention of any type, you will go through a detailed process that demonstrates to the USPTO that your invention is new or is an improvement that is useful to an existing product, machine, or process. Once you do this, and the USPTO agrees that it is new, the agency then issues you the patent. Keep in mind that having this type of patent is very valuable. It provides exclusive rights, providing some of the most important control over the invention for the inventor.
The problem is, utility patents are also very hard to obtain. There are multiple steps to obtaining one, requiring detailed and complex diagrams of the patent. They can also be more expensive to undertake, which makes it even more important to fully understand the process and what to expect from it.

How Can You Secure a Utility Patent, Then?

There are various ways to do so, but the goal here is to understand how to go about the process whether you try to do it on your own or you hire a professional to help you. Utility patents must provide an incredible amount of detailed information. According to the USPTO, that includes:

The utility patent application transmittal form or a transmittal letter
All associated fees
Application data sheet
Specifications which should include at least one claim for the invention
Drawings (generally done professionally) when necessary
Executed oath or declaration
Nucleotide and amino acids sequence listing when necessary
Large tables or computer listings, when necessary

You can follow the specific process through the USPTO website. However, here’s a short guide to how to get a utility patent (this is a very condensed version).

Your first step is to break down what the invention is clearly. It’s important to do this in a way that shows the essentials of the invention separate from the nonessential parts. Break down each component of the invention in detail.
It is very common to need to invest in significant utility patent research. The goal here is to find out if anyone has ever patented or published anything that is similar to your invention. Even if it is not the same if it is similar that needs to be considered.
You will need to submit all of the teaching documents to the USPTO. These are documents that showcase the invention and follow the USPTO’s guidelines about describing your patent. There are numerous forms with various sections (all of which you can obtain from the USPTO directly). Each form has requirements not just for what is included but also for the formatting of them.
Diagrams and drawings are a very common part of patents like this. They need to display the invention, when possible, but also need to show how the invention works. This allows the researcher to understand how they work.

All of this information must be submitted to the USPTO in great detail and with a careful eye for following their rules. Any limitation here can result in the patent being denied.

What Types of Utility Patents are There?

To further complicate the understanding of utility patents, you must also consider the various types of them. The U.S. Code shows us there are five different types, including:

Composition of matter
Machine
Manufacture
Process
Improvement of an existing patent

When you are creating your patent application, you will need to ensure it is clear what this actually is for your invention. However, some inventions can fall into multiple areas. No matter how many categories it falls into though, you can only obtain a patent in one area.

What Does a Utility Patent Protect?

This particular type of patent falls under Title 35, Part II, Chapter 10, Subsection 1010 of the U.S. Code. This is the section of the code that explains the details of what the utility patent provides, protects from, and requires.
Utility patents have the goal of protecting your ideas that are considered both novel and useful. For example, the patent provides protection for something new that you have thought up and developed. It has to be something that has never existed before or has never been published before. If the item is not new but is a significant improvement on an existing invention, the new invention will only be given a patent if the changes are useful and also non-obvious. Proving that an invention is novel is the hardest part of the process, but it is the most critical as well.
The second component here is that the patent must be useful. That may seem even more difficult to prove. However, in your patent application, you need to show the usefulness of the invention based on the intended purpose for it. You must also show not just what the purpose is, but that it is actually able to accomplish that goal. To do this, you must provide outstanding details within your application that makes it easy to see what the goal of your invention is. One way to do this is to show how significant the invention is in terms of what it can accomplish.
As noted in that chapter of the U.S. Code, the utility patent provides protection for:

New and useful processes, products, or machines
Novel and useful improvement of an existing invention
Protects others from manufacturing the invention
Stops the use of the invention by any other party
Prevents the selling of the invention by any other party

What’s the Difference Between Utility and Design Patents?

There are other types of patents, each with different benefits and goals. A design patent is the second most common version. A design patent is a type of patent for new designs that are made of an existing product. That’s a bit more complex and even harder to prove as original. Here’s a look at the differences:

A utility patent has the goal of protecting a new invention or a significant improvement of an existing patent.
A design patent doesn’t involve a new product or even a significant improvement on an existing product, but rather a brand new design of that product.

Is a Utility Patent Better than a Design Patent?

It’s hard to see one type of patent is better than another because they have different purposes. However, utility patents can be a bit more powerful in terms of what they cover. They also provide you with complete control over the new invention, eliminating much of the frustration you may have in protecting your invention.
A key comparison to make, though, is the complexity of each form. Design patents tend to be easier to obtain, while utility patents tend to require more research to complete. Utility patents tend to take longer to obtain as well, which can be frustrating for some inventors.
With a design patent, you may be able to change the way the existing product looks, but you are not changing the actual function of it. This helps to make design patents easier to create – because the basic product is present. Yet, it does not apply to other forms of inventions when you are creating something brand new.

What’s the Typical Cost for a Utility Patent?

The cost of a utility patent will range widely depending on who you hire to help you and what to expect through the process. Many inventors must go through a significant amount of research, which is where costs can grow significantly.
The more complex the invention is, the more important it will be for you to have a complex drawing and technical aspects of the invention broken down. This adds to the cost over time. Most of all, if you need to hire an attorney – which many people do – this can add to the cost as well. You can estimate a basic, do-it-yourself utility patent application to cost you as little as $900 for a very basic and simple invention up to $10,000 or more for more complex and professional created patents. Keep in mind the application fees for any type of patent are significantly lower than the research and design that goes into those applications.

For Sale By Inventor Helps You Navigate the Path From Idea To Market...

Turn Your Spark Of Genius Into A Full-Blown Flame With Our Expert Patenting And Marketing Services.

Provisional Patent
Secure a temporary filing for your innovative concept

Utility Patent
Full protection for functional and useful inventions

Design Patent
Safeguard the unique aesthetic features of your design

Feasibility Analysis
Evaluate the practicality and viability of your project.

Research & Development
In-depth exploration to enhance innovation and product quality.

Engineering
Expert engineering solutions for optimal product development

Patent Drafting
Precise and legally sound drafting of patent applications

Invention Marketing Packages
Tailored strategies to promote and commercialize your invention.

Marketing Services Tour
Engage audiences through targeted marketing campaigns.

Virtual Prototype
Showcase your product digitally for effective pre-production visualization.

FREE Patent Search
Comprehensive search for existing patents in specific fields.

Licensing
Navigate licensing agreements for profitable commercialization.

Inventor Resources
Curated tools and guidance to empower and support inventors.

Reviews & Testimonials
Discover success stories and positive experiences from satisfied clients.

Inventor’s Blog
Insights, tips, and industry updates for aspiring and seasoned inventors.

Virtual Tradeshow
Explore innovative products and network in a virtual exhibition.

READY TO GET STARTED?

Join over 3,000 inventors and innovators who trust For Sale By Inventor to bring their ideas to life and introduce them to the market!

Frequently Asked Questions

What is a Patent?

A patent is a grant of property rights by the U.S Government through the U.S. Patent and Trademark Office. A patent grant excludes others from making, using, or selling the invention in the United States. The right conferred by the patent grant extends throughout the United States. However, a patent cannot be obtained on a mere idea or suggestion, but rather on the tangible manifestation of those ideas.

It is imperative for an inventor to understand that a patent cannot be granted if the invention was sold or publicly known anywhere in the world for more than one year, prior to filing for a patent. This is often referred to as the 1-Year-Rule. A patent also cannot be obtained on a mere idea or suggestion, but rather on the tangible manifestation of those ideas.

Patent applications are examined for both technical and legal merit. Prior to filing a patent application, a search of existing patents should be conducted.

What are the different types of patents?

The following list comprises the most common patents inventors file for: Provisional Application for a Patent (usually incorrectly referred to as a Provisional Patent), Utility Patent, Design Patent, and to a far lesser degree a Plant Patent.

First, a Provisional Application for a Patent is only a one-year filing which holds limited power, and can be utilized for certain cases. This filing is most often abused and misunderstood. The provisional patent application will be destroyed after one year unless the inventor takes precise steps to convert to a Utility Patent. Filing for a Provisional Patent may appear straightforward, but special care to maintain the priority rights as well as various other patent considerations should be strategized. More details regarding Provisional Patents below.

Second, a Utility Patent, which is the most common form of patent protection, protects the actual function of an invention. When an inventor receives a Utility Patent, they are granted a twenty-year term for a new, useful and non-obvious process, machine, composition of matter, article of manufacture, business method, or an eligible improvement thereof.

Third, a Design Patent protects the overall appearance, or decorative nature of the invention. The patent can be of value in protecting the aesthetics of new industrial designs, if used properly. A Design Patent is granted a fourteen-year protection for any new, original, and visible decorative design of an invention.

Lastly, a Plant Patent is a twenty-year grant for asexually reproduced assortments of distinct new plants, hybrids, and seedlings other than tuber-propagated or existing in an uncultivated state.

What is a Provisional Patent?

There is actually no such thing as a Provisional Patent. There is a Provisional Application for a Patent that an inventor can file that is never examined and will be abandoned after 1-year unless it is converted into a Utility Patent. Provisional Patent Applications may be recommended for certain inventors who want to perform market testing, to raise capital while finishing their invention, or to gather technical data. Conversely, if not filed correctly, inventors can easily be misled into believing that these are cost effective patents. If the product is being marketed during this 1-year timeframe, the inventor will lose all of the time and money it took to file the patent as well as any exclusive rights they had to their invention. Inventors should tread carefully when they are offered overhyped, inexpensive Provisional Patents online. In reality, Provisional Patent Applications will often cost far more in the long run. Remember… You always get what you pay for.

Additionally, to obtain patent rights when converting to a Utility Patent, the Provisional Patent Application must be sufficiently to take advantage of the early filing date. Essentially, somebody who is skilled in the field of your invention must be able to make your invention simply by reading your patent application. You can not simply make a claim that you can not substantiate, such as filing a provisional patent on a time machine, flying car, or a perpetual motion machine without supporting documentation on how these are made. Because many inventors are not completely aware of these requirements, many of these provisional applications are abandoned after 1 year wasting valuable time, money and energy.

Can I write my own patent application?

In the same sense that an individual can defend themselves in a court of law, an individual is given the opportunity to write their own patent application without the assistance of a Patent Attorney or Patent Agent. Before one should endeavor to write their own Patent Application, they should consider the years of schooling required to become a patent attorney or agent. These individuals must have adequate scientific and technical backgrounds of education as well as pass the patent bar which has a high failure rate. Remember… A man who represents himself has a fool for a client.

How do I know which patent is best for my invention?

Conducting a Patent Search with an Opinion of Patentability from a licensed patent practitioner is the best way to start to understand which patent, if any, is recommended for your invention idea. Please keep in mind that a practitioner may caution you from filing any patent on your idea. The reason for this is it may interfere with a current patent or products that are already known in public.

How do I know if I can trust someone with my invention?

Inventors should be cautious before submitting their invention idea online or sharing the idea with friends. America, as of March 2013, will become a “First to File for a Patent” country. If someone beats you to the patent office on your invention idea after that time period, they will have priority rights to the invention. When an inventor is ready to get started, we recommend submitting the invention idea with a Confidentiality Agreement and/or a Non-Disclosure Agreement. If an inventor is serious about protecting and marketing their invention, the best advice that we can give is to come up with a game plan of combining legal, technical, and marketing characteristics.

Do I need to get a Patent Search?

It is not required to perform a Patent Search before writing and filing your Patent Application. The United States Patent & Trademark office recommends that inventors get a search performed prior to filing the application but it is up to the inventor’s own discretion. You may find options online that advertise low cost Patent Searches for inventors. You should exercise caution if it seems too good to be true as these are usually not performed by a licensed practitioner and do not come with a Patentability Opinion. It is like checking to make sure there is water in the pool before diving in head first.

What is a Patentability Opinion?

The main purpose of a Patentability Opinion is to aid the client in deciding whether to proceed with a patent application for the invention. The Patentability Opinion should identify the most relevant prior art to the invention, and it should give an indication as to whether the invention would be patentable over the prior art, and effectiveness of such patent protection.

The Patentability Opinion from a licensed patent practitioner can save you considerable time and money.

Does a patent guarantee financial success?

Getting a patent for your invention does not guarantee that your product will make money. A patent prohibits the ability for someone else to make, sell, or distribute your invention without your consent.

Can I market my invention without a patent?

As long as you are not infringing on the patent rights of another person, you are legally allowed to market and sell your invention. Without a patent however, you can not restrict another person from selling the same product.

What does patent pending mean?

The term patent pending simply makes everyone aware that a patent application has been filed with the United States Patent & Trademark Office. This does not guarantee that the invention being marketed will ever actually obtain an issued patent. In many cases where an individual has prepared and filed their own patent, there is very little likelihood that it will ever convert to an issued patent.

How much does a patent cost?

Patent costs vary depending on many different factors. It is similar to asking how much a house or car costs. Without knowing more information, it is impossible to give a ballpark estimate. The type of patent, how complex the invention is, and who is preparing your patent application will all have a major impact on your total patenting costs. Typically, a Utility Patent will have a higher overall cost than preparing a Design or Provisional Patent Application. In addition to patent preparation fees, there is a government filing fee as well. Our company provides free consultation and recommendations for inventors and can provide a good estimate after we know more about the invention.

What if I already have a patent pending or issued patent?

It is still a good idea to submit all materials that you have for your pending or issued patent and we can provide you a free consultation and recommendations on how to proceed with your invention.

How do your services compare with Legal Zoom?

We are not aware of all of the service offerings from Legal Zoom and concentrate mainly on how we can best help inventors. Everyone is encouraged to do their own research on how they would like to get started on their invention idea. We want to educate our inventors on their options and allow them to select the company they are most comfortable working with on their invention idea.

Where can I sell my invention idea?

Unfortunately, until the invention idea has been fully developed, we are unaware of anyone having success selling invention ideas. It is wise to be cautious if you are receiving information contrary to this as it is probably too good to be true. Inventing is not a get rich quick scheme. Inventing takes time, has risk, cost money, and usually requires professional help.

Am I ready for the Shark Tank?

To get ready for the Shark Tank, you should have a well-written patent filed or already an issued patent. You should also preferably carry inventory, have significant sales or strong sales projections, and a clear game plan on how the sharks can easily recoup their initial investment and more. Watching the Shark Tank is important for inventors to see real world examples of how to become successful profiting from their inventions.

What is the difference between a Copyright, a Trademark, and a Patent?

A Copyright is a form of ownership and legal protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The Copyright Act of 1976 allows the owner of a copyright, usually the creator of a work, the exclusive right to produce or reproduce the work, or to permit anyone else the right to do so.

On the other hand, Trademarks are used to distinguish the goods or services of one person, or company from those of another. Names of products, a word or groups of words, slogans, phrases, symbols or designs, logos, or distinctive packages are all examples of features which are eligible for registration as trademarks.

There are two distinctive Marks, Trademarks and Service Marks. While a Trademark appears on the product and/or packaging, a Service Mark appears in advertising for an entity providing a service. Despite the difference, all registered Marks are valid throughout the United States, and may last indefinitely, as long as the owner continues to renew the Mark, and use the Mark in interstate trade.

Lastly, a Patent is a grant of property rights by the U.S Government through the U.S. Patent and Trademark Office. A Patent excludes others from making, using, or selling the invention in the United States. Most importantly, a Patent cannot be obtained on a mere idea or suggestion, but rather on the tangible manifestation of those ideas. In the United States, the first to invent, and promptly file for a patent will have preference over those who invent later, or those that delay an excessive time in the filing of their patent. Keep in mind that in March 2012 the U.S. will become “First File” country.