A utility patent is a type of patent that protects the functional aspects of an invention. This includes new and useful processes, machines, devices, manufactured items, or chemical compounds. Essentially, a utility patent grants the inventor exclusive rights to their invention, preventing others from making, using, or selling it without permission for up to 20 years from the filing date.
Utility patents are primarily used in intellectual property law. They are essential for inventors and businesses looking to safeguard their innovations. This type of patent is relevant in various legal contexts, including technology, pharmaceuticals, and manufacturing. Users can manage utility patent applications and related processes using legal templates available through platforms like US Legal Forms.
Here are a couple of examples of abatement:
Example 1: A company develops a new type of energy-efficient light bulb. They file for a utility patent to protect the unique process and design.
Example 2: An inventor creates a new software algorithm that improves data processing speed. They seek a utility patent to prevent others from using their method without permission.
Utility patents are governed by Title 35 of the United States Code, which outlines the requirements for patentability and the patent application process. Key sections include:
| Term | Definition | Key Differences |
|---|---|---|
| Utility Patent | Protects the functional aspects of an invention. | Focuses on utility and function. |
| Design Patent | Protects the ornamental design of a functional item. | Focuses on appearance rather than function. |
| Provisional Patent | Temporary patent that establishes an early filing date. | Does not require formal claims or an oath. |
If you believe you have an invention that qualifies for a utility patent, consider the following steps:
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| Attribute | Details |
|---|---|
| Duration of Protection | Up to 20 years from the filing date |
| Maintenance Fees | Due at 3½, 7½, and 11½ years |
| Typical Filing Fees | Approximately $3500 for individuals and small businesses |
| International Protection | Requires filing under the Patent Cooperation Treaty |