Utility Patent
Candlefocus EditorUtility patents can be granted for inventions that represent sufficiently new and non-obvious improvements over existing technologies. Unlike provisional patents, utility patents are examined by the United States Patent and Trademark Office (USPTO).
To receive a utility patent, the inventor must first complete a patent search in order to evaluate the patentability of their invention. During the search, any prior art that is similar to the invention being asserted is identified. After the search is complete, the patent application is drafted, submitted to the USPTO, and will then go through the examination process.
The examination process can take several years to complete, but the length of time depends on the complexity and content of the application. During the examination, prior art documents are reviewed, and the examiner may ask questions to clarify or further explain the invention. If the patent is granted, the inventor will receive a patent certificate which provides the invention’s number, year and date of issue, and the name of the inventor.
Upon issuance of a utility patent, the inventor can exercise the right to exclude others from making or selling the invention or a product containing the invention without their permission. Even if the patent is only partially granted, the inventor can still prevent others from making, using, offering for sale, or selling the invention. The inventor can also enter licensing agreements with companies to manufacture the invention and can receive royalties for its use.
Utility patents provide inventors with greater protection than provisional patents and can last for up to 20 years from the date of filing. However, during the two-year period after the patent’s filing date, the patent may be challenged or even canceled due to new prior art. After the two-year period, the patent is considered “patent-pending” and is generally provided a statutory presumption of validity.
In sum, utility patents provide inventors with protection against unauthorized usage of their invention and can last for up to 20 years. If a patent is granted, the inventor can then exercise their right to exclude others from making or selling their invention or any product containing the invention without their permission. In addition, they can enter agreements to license their invention, or receive royalties upon its use.