Utility Patent : Everything You Need To Know


A utility patent is a kind of patent that protects the usefulness of an invention. Such type of patent is also known as “Patent for invention”. A utility patent restricts others from using or selling the product without authorization. A utility patent provides exclusive rights to the patent holders which makes utility patent a valuable asset. The patent holders of such patent can make the best use of the latest technology and earn more profit.

In terms of obtaining a utility patent, these patents are time-consuming and the patent application is prone to rejection. A utility patent is hard to obtain when you compare it with other patent kinds. Also, obtaining a patent grant is quite expensive. Despite these things, utility patents serve great advantages to the patent holders. Let’s talk about the benefits of the utility patents.

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What are the benefits of Utility Patent?

  • Protection from infringement – One of the key benefits of the utility patent is that it offers protection from infringement. Once an inventor receives the patent grant from the PTO for his/her invention, he/she can prohibit others from manufacturing or making the use of the technology. Thus, there is no chance that an outsider can infringe on your product or technology.
  • Huge Profit – By retaining the rights to use the technology to himself/herself, the patent holder can maximize the profits and earn a great reputation in the market. There are many ways through which the patent holder can earn a huge profits. The patent holder can choose to license the technology to generate a flow of income. Since the patent holder bears the exclusive rights to using the technology, he/she can restrict the competitors to enter the market.
  • Suitable for products for short span – Usually, utility patents are applied to make an improvement in the product. Thus, it helps in making an impression in the market.

What are the requirements for filing a Utility Patent?

To be eligible to receive a utility patent, your invention must follow some basic eligibility criteria. Your invention needs to be:

  • Non-obvious and novel.
  • It should have industrial application.
  • The invention should not be mentioned in publications.

So, if you think that your invention qualifies for patent, you should file a patent application as soon as possible.

What is the procedure for filing Utility Patent?

Before filing the utility patent, there are a few things that you must take a note of. You should be aware of the basic procedure, time taken for the approval, have an estimate of the fee.

So, prior to filling the patent application, it is equally important to conduct a novelty search. This will provide you information if your invention is patentable or not. Conducting a patentability search will reveal information if the prior-art are available or not. However, the applicant should note that the patent application may face rejection even after conducting a patentability search.

After than, you can proceed to file patent application. A patent application consists of various forms. The written description for utility patent should include:

  • Title of invention
  • Background of invention
  • Summary of invention
  • Abstract
  • Claims
  • Inventor oath
  • Description of invention
  • Patent illustration

Examination of Patent application – After the inventor files the patent application, the examination of patent application happens. The examination usually begins after 4 to 6 months of filling of patent application. The examiner from the patent office examines the utility patent application. The application will undergo a substantive examination. Under this, the examiner will thoroughly examine the patent application which includes conducting a novelty search, non-obviousness search. If the patent application passes these examination stages, the patent will be awarded to the inventor.

Get in touch with us

We at the Patent Drafting Catalyst are always there to help you out with our experienced team. So, if you are looking forward to filing for a patent application, get in touch with us. Our team of experts holds years of experience in filing patent application. We at PDC work with utmost precision to deliver work on time and at an affordable pricing. We have the right resources and the latest technology to work with.

To know more about us, get in touch with us or click here.

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