A utility patent is a type of patent that protects an invention. It must be novel, useful, and not a copy of a previously existing product. The claims for a utility patent must be novel, useful, and nonobvious. However, it is possible to get a patent without an attorney. Read on to find out how to get a utility patent. But before you begin, consider these steps.
According to the USPTO, more than 90% of all patents granted are utility patents. Utility patents are granted to a broad range of inventions, including:
- Machines (e.g. something composed of moving parts, such as engines or computers)
- Articles of manufacture (e.g. brooms, candleholders)
- Processes (e.g. business processes, software)
- Compositions of matter (e.g. pharmaceuticals)
Machine can be a device or combination thereof that performs some function or provides utility. Example A machine is an electronic or mechanical device, such as a pump, a flying car, or a robotic arm.
Articles of Manufacture can be a finished product that is useful but not mechanical or has moving parts. It can be ceramics, cast metal articles, hammers, crowbars, chairs, shovels, gloves, shoes, envelopes and mouse-pads, as these examples do not function as a machine.
Process This refers to a way of performing an activity. Processes and methods are interchangeable. A process/method can be a recipe for arriving at a result, think of a cooking recipe as a process. Process and method patents can include those for communicating information, processes, or methods (unique sequences) to address a business goal. Software is typically claimed as method steps and documented as flowcharts in the description.
Composition Of Matter Any combination of materials or ingredients to create a new chemical compound. A composition of matter can include special forms or rubber, glue, cement, or other pharmaceutical drugs. It can also contain genetically modified (or isolated) parts of plants and organisms. Other examples include drugs, soaps, and composite material materials.
Obtaining a utility patent involves hiring a patent attorney
A utility patent protects your intellectual property assets. It grants exclusive commercial rights to a new, improved product, process, or industrial practice. Patents are valuable assets that protect you from other companies and individuals using your invention for profit. But obtaining a utility patent is difficult, expensive, and complex. Hiring a patent attorney can help. If you want to protect your intellectual property and protect your invention from others, read on to learn more.
While every application is unique, there are a few common characteristics. A free consultation allows you to get a better idea of the firm’s experience and technical understanding of your product. You can also determine whether their fees and approach match your goals. If a firm is able to offer you a free consultation, you can trust that they will take the process seriously. If the firm can give you valuable insight on the process, you’ll likely be satisfied with their services.
Once you hire a patent attorney, he or she will walk you through the complex process of utility patent filing. Once your attorney is in place, the next step may be hiring a technical illustrator to draft patent drawings. Finally, you’ll have to file your patent. Filing a utility patent can cost anywhere from a few thousand dollars to tens of thousands of dollars. And once the patent is filed, you’ll have to pay maintenance fees every three years.
Hiring a patent attorney is essential if you want to protect your invention from competition. An unlicensed copy of your invention will invalidate the patent, exposing you to potential lawsuits and wasted money. Additionally, a utility patent application can take two years to process, meaning that you’ll need to hire a patent attorney as early as possible. However, the process can be rewarding and you’ll be glad you did.
After the application has been filed, you’ll have to submit it to the USPTO. A patent examiner will examine it and decide whether it meets all legal requirements. You’ll need to pay associated fees, including application, search, and issuance fees. Moreover, you’ll need to pay maintenance fees if you’re ever asked to submit an amendment or appeal. Finally, you’ll need to prove that your invention has a practical purpose.
Whether or not you’re the inventor, hiring a patent attorney is essential. Whether or not you have experience patenting an invention, an attorney will help protect your rights and minimize your risks. A mistake in a utility patent application can cost you thousands of dollars. You can avoid these costs by hiring a patent attorney. A patent attorney will help you ensure that your invention is protected from the competition.
Claims in a utility patent must be novel, unobvious and useful
To qualify for a utility patent, your invention must be new and useful, and cannot be obvious to people of ordinary skill in the relevant art. Similarly, claims in a plant patent must be new and useful, but they cannot be tuber propagated or uncultivated plants. Patents claiming novel varieties of plants do not require these qualifications. This section is devoted to defining the meaning and legal requirements of each of the three criteria.
One of the most difficult aspects of obtaining a patent is proving that the invention is not obvious in light of the existing art. Often, claims in a utility patent can fail because a combination of prior art references can reveal, teach, or suggest an alternative, but cannot prevent competitors from copying the patented method. In this situation, a patent applicant may amend the claims to include details to ensure that their invention will remain new and useful.
The Office will also review the claimed utility to determine if the invention is novel, unobvious, and useful. In some cases, a claim of cure for a disease may be credible, but if the claimed utility is impossible under current scientific understanding, the claims may be deemed unworthy. Those claims may need more evidence to prove their utility. For instance, a claim of treatment for cancer in humans is regarded as “incredible” before it has even been discovered.
While most utility patents cover a wide range of inventions, not all are eligible for a utility patent. To qualify, your invention must be novel, unobvious, and useful. It must also satisfy the other requirements for a utility patent. It must also meet the written description, enablement, and best mode of use. After obtaining a utility patent, you can restrict others from using, making, selling, or importing your invention.
You may need to hire a patent attorney to help you file the application, but it is not essential. If you do decide to hire an attorney, be sure to consult a patent lawyer specializing in utility patents. You should also understand the ins and outs of the utility patent application before filing one. It will take two to five years for a utility patent to be granted.
Utility means the claimed invention should be useful for someone of ordinary skill in the relevant art. A person of ordinary skill in the art should be able to recognize its utility immediately based on its characteristics, applications, and properties. Utility must be specific and substantial. Moreover, it must be capable of creating a significant improvement over the prior art. If the utility can be demonstrated, the patent application will be granted.
Evidence should support the claims in a utility patent. The applicant may use data generated using an animal model, but this evidence is not relevant. The applicant must explain why the data proves the assertion of utility. Furthermore, he must demonstrate that the data is relevant to the assertion of utility. Regardless of whether the data is generated from a human or animal model, it must be assessed substantively and independently to determine its utility.
Cost of obtaining a utility patent
Utility patents are the most common types of patents and account for 90% of patents granted by the USPTO. These patents protect useful products, processes, and machines. Apple is a prime example and holds numerous utility patents for the iPhone. The process of obtaining a utility patent can be lengthy and expensive, but it is necessary to secure the right protection for your product. A typical utility patent application will cost anywhere from $5,000 to $15,000, and can last up to 20 years with proper maintenance.
Despite the high cost of a utility patent, a design patent can still be inexpensive, particularly if you use a design patent. LegalZoom, an online patent service, can help you save money on legal fees by reviewing your design drawings and submitting your application to the USPTO. A provisional patent is a temporary patent that will grant “patent-pending” status for 12 months. Getting a provisional patent can be an excellent first step for a startup company or a small business.
The cost of obtaining a utility patent can be as high as $30,000, depending on how many Office Actions you receive. Moreover, your utility patent application will likely receive at least one rejection, and it may even receive more than one. However, this is not the end of the story; your goal is to get a patent that is allowed after one Office Action. If you fail to get one, you may need to pay a response fee of $1,500 to $3,000.
Unlike a design patent, a utility patent protects only the functional aspects of an invention. A design patent is granted for ornamental purposes and is usually 15 years after the date of issuance. On the other hand, a utility patent lasts 20 years. The cost of a utility patent varies depending on the complexity of the invention. However, there are certain factors that you should keep in mind when evaluating your needs.
Utility patents vary in cost based on the complexity of the invention. Simpler inventions are easier to write and prosecute. A space shuttle is a complex invention, while a toaster is relatively simple. In addition to a utility patent, a design patent can include a single set of figures describing the useful angles of a handle. If your product has more complicated components, you will need to have more figures in your design patent application.
Cost of obtaining a utility patent can range from $60,000 to over $100,000, depending on which country you choose. The US is the best bargain when it comes to patent costs, a US patent may cost as little as $60,000 and be protected across 300 million people. In comparison, a European patent could cost ten times as much. Another important factor is the international patent’s annual annuity fees. These can be as high as $1000 per year. In addition, the cost of obtaining a “worldwide” patent can run into the tens of millions of dollars over its life span.
Non-provisional utility patent application
Among the most important aspects of a non-provisional utility patent application is the abstract. This abstract informs the USPTO about the invention. It helps them understand the invention’s domain and advances over prior art. It should be written in a narrative form.
The abstract should be at least one paragraph. It should describe the invention in such a way that a person who is skilled in the pertinent art will be able to make and use the invention. The abstract may be written in your own language.
In non-provisional utility patent applications, it is a requirement to include drawings if they are part of the invention. Those drawings must be accompanied by a copyright rights notice. This notice should be at least 0.8 cm in print size.
Maintenance fees for a utility patent
Generally speaking, maintenance fees are payments made to the United States Patent and Trademark Office (USPTO) to keep a patent valid. The amount you’re required to pay depends on your business size, as well as the length of the patent. These fees are not required for design patents.
A maintenance fee can be a small amount, or it can be quite a lot. The patent maintenance fee is not the only fee you’ll need to pay, however.
The first maintenance fee you’ll need to pay is the initial fee for the patent, which is usually around $700. The patent maintenance fee increases as the patent length increases. The fees are payable in three installments over the life of the patent. The fees are due before the first day of each year.
Examples of inventions that qualify for a utility patent
Getting a patent for your invention is important. However, there are several factors that you must take into consideration when choosing the type of patent you want.
The two main types of patents are design and utility. Both of these types of patents allow you to protect your invention. However, they differ in how they are issued and how long they last.
In order to get a design patent, you must submit clear drawings. This can be a complex process, and the cost can be quite high. If you’re unsure about how to prepare your drawings, consult a patent attorney.
A utility patent gives you the right to prevent others from making or using your invention. It can also give you exclusive commercial rights to the latest technology.