Utility Patents refer to the term that defines the usefulness of a new product, process, machinery or matter composition. A utility patent is also known as “patent for invention” prohibits other individuals or companies from making the invention without authorization. They provide exclusive rights to the applicant for producing and utilizing new technologies. The applicants can also protect against the import of their invention into other countries, which makes utility patents incredibly valuable. The USPTO issues utility patents which last for up to 20 years. However, the patent holder needs to pay a certain maintenance fee over that time period.
Essentials of Utility Patents:
If the invention qualifies in filing for a utility patent, one must surely do it without wasting time. A utility patent is difficult to write and understand but serves as a great advantage for the applicants.
Classification of Utility Patents:
The classifications of utility patent apply to a broad range of inventions. It includes:
- Machines: Something which composes moving parts such as engines or computers.
- Manufacturing processes or business systems.
- Compositions of matter or chemical compounds.
Types of Utility Patent application:
There are basically two types of utility patent applications:
- Provisional Utility Patent application:
A provisional patent application allows you to begin securing patent rights. Contrary to it, a non-provisional patent application is the first step toward a legally recognized patent. Some inventors refer to the provisional patent application as a provisional patent, but provisional patents don’t exist.
A provisional patent application is meant to help protect your idea and give you time to perfect it. Once you have the design and function ready, you can apply for the non-provisional patent.
- Non-Provisional Utility Patent Application:
Non-provisional patent laws require inventors to submit an application for a patent within a year of showing the product in any way. This includes print, at a trade show, or images of the item. If you don’t submit within that time frame, the chance to file for a patent is gone.
The requirement for filing Utility Patents:
Utility patents protect functional and new inventions and systems. Claims in a utility patent recite the essential part of the invention. To qualify for a patent, a patent examiner must find that the invention meets the following requirements:
The invention must have a purpose and work properly to do that function.
The invention must be new. All of the claims that make an invention unique can’t appear in multiple existing patents that a reasonable person could combine. The patent examiner can reject your invention on the basis of it not being novel. The patent examiner will have to find a patent, a patent application, or a publication that includes all elements of your invention.
The invention shouldn’t be obvious to a reasonable person. If the invention combines claims from existing patents, it should argue that no one would think to do so. There is a possibility of an examiner discovering that half of some elements exist in one reference while others exist in another reference. The examiner can combine the two references and reject your invention.
Advantages of filing Utility Patents:
Patent holders have exclusive rights to prevent others from selling, making, or using their inventions. Utility patents carry a series of numbered sentences that claim the invention. One cannot make, sell, or use the exact product that the patent owner describes in a patent claim. Otherwise, the applicant has the right to sue one for patent infringement.
Also, the utility patent teaches others and promotes innovation. They describe how to make inventions or create systems.
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