The utility patent is most widely used patent and this type of patent is divided into three different categories based on their functionality of the invention: electrical, chemical or mechanical. Utility patent protect functionality and use of an invention, and anyone who invents unique process, device, machine or method, chemical compound or manufactured product can apply for and obtain a utility patent. Utility patent can also be used for any improvement to an existing invention which is new and useful. To determine whether you qualify for a non-provisional utility patent, you should make sure that your invention is sufficiently different from the existing items, and that you can determine all aspects of it in clear and definite term. Conducting a patent search yourself can be helpful in this regard. Otherwise getting the help of patent research form patent attorney can save you the time and hassle of figuring it all out yourself. It is important to note utility patent can not be used for a mere suggestion or idea. There are clear differences between a design and utility patents. The utility patent protects a new invention or improvements on existing invention which are functional.

How can we get a utility patent?

As you begin to describe your invention break it down into a series of essential and non-essential parts. For example, your new mechanism to drive a 10-speed bicycle may contain most of the parts of a standard bicycle: the gears, the chain, and the pedals. However, it also contains a new design for a tensioner that is inspired from a chainsaw. Conduct a utility patent search to see if anyone has patented or published a similar design. You will readily find the most of the elements of standard bicycle. A  patent search is critical before your file a patent you file a patent. If you find a patent that uses a same tensioner, then you are going to have hard time a getting a patent. It is better to find out before you go through the cost of filing a utility patent application.

Filing  a Utility Patent

Patents are teaching documents we already know that. The government grants inventors right invention so that the inventors will tell the public how to use their invention. Utility Patent Application has several formal requirements. It contains multiple sections each with its own rules for formatting. It requires drawing or diagrams to explain how your invention works. These requirements help the public learn to use the invention. This teaching requirement is well illustrated by the difference between utility and design patents.

  • Design patents requires only designs of drawings and limited text.
  • Utility patents require a thorough explanation of how inventions work.The inventor should be provide an alternative way to make the invention and provide enough details so that other could make it.

Staking your claim

Inventors file a patent a claim to get issued claims. In the process of sharing the information related with his invention and to make it available to public people, the patent office provides the inventor the right , so that third parties do not use, make or sell the invention without the inventors consent.  Utility patents contain a series of numbered sentences that claim the invention. If another person makes, uses, or sells the exact thing described in a patent claim, then that person is infringing the inventor’s patent.

The claim recite the essential element of the invention. The patent examiner will argue the inventor that the combination of element claim must be novel and non-obvious.

  • Your invention is novel if all these element do not appear in any one published patent reference. To reject your invention as not novel, the examiner will have to find a patent, patent application, or other publication that includes all the element of your invention.
  • Your invention is non-obvious if all these elements do not appear in any set of published reference. This means that if the examiner finds half of the element in one reference and half of the element in another reference that he can combine the two reference and reject your invention.

Common mistakes when using a Utility Patent Example

The biggest mistake when writing your own utility patent application from an example is not doing enough research. You need to fully understand the patent process. You should also download and compare several utility patent application example and templates to be sure you can cover all required information.

Deadline for filing a Application

There is no deadline for filing a patent application, you simply submit it when you want to obtain “patent pending” status. Once you do file the provisional application, however, the clock starts ticking on non-provisional patent application date. A provisional patent application gives you priority date by which the official patent application must be received. If you’re not sure whether you can file the more expensive and complex non-provisional application within that 12-month period, it’s better to wait, as long as you don’t have any competition. But since a provisional patent does not give you legal protection against infringement, you must consider what competition may exist.