Utility refers to the term that describes the usefulness of any good obtained by the user. Similarly Utility Patent means a Patent that defines the usefulness of a new or improved product, process, machinery or matter composition. It is also termed as ‘Patent for invention’.
Although Utility Patent is hard to get, consumes a lot of time, is expensive, difficult to write and understand, still it serves as a great advantage to the owner. You should be aware about how to write a patent. The Invention is labeled as ‘Patent pending’ after the submission of an application during the patent filing process. If other parties tried to copy or use the invention during the ‘pending’ status, the Patentee can seek payments from them on behalf of Patent policies. This is done after the Patent gets granted.
Classification of the Utility Patent
They are divided into three subcategories according to the functioning of the invention:
Requirement for Filing utility patent
If you want your invention to be eligible for the Utility Patent Filing then it must fall under the categories mentioned below:
The Invention must be Novel. It is not allowed to disclose any detail of the Invention to the public. The Invention types such as machines, processes, composition of matter, article of manufacture etc. are accepted. The Invention must be non-obvious, specific and user-friendly.
If the invention qualifies in filing for Utility Patent, it should be done without wasting much time. The one who files the Patent first is considered the Inventor.
Types of Utility Patent application
There are basically two types of Utility Patent Applications:
1) Provisional Utility Patent Application
Provisional Patent application is used to fix a filing date. This ensures the registration of your invention and provides you a time period of 12 months for Filing for Non-provisional Patent application. It gives your invention a status of ‘Patent pending’ which helps you to prevent copying of your Invention during that period of time.
Requirements for this form are:
- Title for the Invention.
- The motive of the invention.
- Detailed description of the Invention in written.
- The steps taken for the making of Invention or components of the Invention.
- Mentioning the usefulness of the Invention for public.
2) Non Provisional Utility Patent Application
This is somewhat complex type of Patent application process. An experienced Professional should be preferred to avoid any type of error.
It must include the following key points:
- Detailed illustration of the Invention through drawings.
- An oath for the invention claiming it to be your intellectual property
- The datasheet of application.
- A statement with minimum one claim.
- Fees required, including cost for patent search, its filing, and examination.
How to file a Non Provisional utility Patent application
- Ensure that the idea is new and useful.
- Then you make sure that the Invention or the elements of Invention do not disobey any segment of another Patent. This is done through a thorough Patent analysis or search.
- In the next step you prepare the Patent application; this requires drafting claims and scientific details of the Invention with respect to the requirements of USPTO.
- Then you file the Patent application along with the filing fees.
- USPTO will then assign an examiner for the application and they may ask you for further information or details and you have to act accordingly.
- The final step is all about waiting for the decision, on getting successful you will have a Patented Invention and on rejection you can appeal for the decision later.
Key points to remember while filing the Patent application
The inventor must be named correctly. If more persons are related with the invention, then they all will be considered as combined inventors and can use the license solely.
Before the Patent is granted, it can be cross checked whether if it meets the requirements or not and even after the issuing of Patent, the invention’s validity can be questioned.
Utility Patents have 20 years validity time, but maintenance fees have to be paid every six month. If you fail to do so, your Patent might get cancelled.
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