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Definition

Utility Patents

What is Utility Patent?

Utility Patents are the most common type of patent covering what we generally think of as new inventions that must be useful, must be new and unusual in relation to already existing products in the field, and must not be obvious to a person of ordinary skill in the field. 

Understanding Utility Patents

Patents in this category may be granted to anyone who “invents or discovers” any new and useful process, the machine, manufacture, or composition of matter, or any new and useful improvement thereof. 

The term of a utility patent is 20 years from the date of the initial application. After 20 years, the patent expires, and the invention falls into the public domain, which means that anyone can produce and sell the invention without paying the prior patent holder.

An overview, illustrations, detailed specifications, and a sequential list of claims are all included in a standard utility patent.

  • The overview is a short explanation of your invention that usually follows the terms of the claims as presented.
  • Examples showing the invention's overall idea, particular forms, combinations of such, and/or prior/existing techniques can all be included in illustrations.
  • The specification is a written statement of the innovation that must fit three criteria. The first step is to properly and thoroughly describe the invention. The second requirement is that the invention is explained at a considerable level to enable a similarly skilled person (for example, a software programmer) to create and use the stated product without unnecessary testing. The third point would include what the innovator feels to be the best possible method of putting the invention into practice.
  • The claims specify the scope and limitations of the utility patent's security.

Practical Example

Maria's innovative framework for driving a 6-speed manual mountain bike may include some of the components of a regular pushbike, such as the wheels, ring, and pedals. It does, however, include a novel fastener design that is influenced by a chainsaw.

So she did utility patent research to determine whether anyone had previously invented or released a design that was comparable to hers. She discovered that her concept was unique, and she began the utility patent application procedure. Her strategy was to locate a mountain bike that also utilized the unique chainsaw-inspired tensioner.

In Sentences

  • New machinery, methods, and other beneficial technologies are protected through utility patents.
  • Utility patents involve a detailed description of the invention's operation.

 

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