What is a utility patent? This type of patent covers either new inventions or certain types of improvements on existing inventions. It protects the way something is made, how it works and the parts used to make it work. The utility patent is somewhat harder to define than a design patent, which deals primarily in the appearance of a tangible product. Utility patents can protect not only a useful product, but also a procedure or process.
The Definition Of A Patent
A patent protects the patent holder from the use or abuse of anyone attempting to manufacture and sell an identical or nearly identical product. A patent for an invention is good for 20 years from the time it was filed with the patent office. In some cases, the patent will be extended if the approval process takes a few years and the delay is not the fault of the inventor.
Conditions For Utility Patents
To patent an invention, an inventor must meet several criteria. The invention must be different enough from anything existing that it deserves a unique protection status. The invention must also be considered novel, that is, it cannot be patented anywhere else in the world. The invention or improvements to an existing product must be beyond general common-sense improvements.
Examples Of Utility Patented Products
One example might be an ergonomically designed mouse. Other examples would include touch screen technology for a soda dispenser, an improved carburetor, a production procedure to make tougher material for body armor or a pharmaceutical company's latest drug.
Provisional Utility Patents
Because not every invention is viable, inventors can turn to provisional utility patents. These specialty patents allow an inventor to file a patent while still conducting trials. If the invention seems to be working, the inventor can file a traditional patent. If the invention is too costly, doesn't work or is simply not viable, the inventor can just let the provisional utility patent expire.
Who was the first woman to receive a patent? The first woman to earn this honor created a method of combining straw and silk to create better hats. |
Learning how to patent an idea isn't as easy as you might think. You need to determine what kind of patent you need, and then you need to fill out plenty of paperwork to prove the originality of your invention. |