Utility Patent in the United States

To know the subject better, let us start the discussion with Patent. Patent rights are given to an inventor by the Government for an invention. It gives the inventor sole control over his invention. It also helps the inventor to stop others from making, using, or selling his invention for a limited time. Patent rights are given by the Government of the country where the patent is filed. For example, in United States (US), patents are issued by the United States Patent and Trademark Office (USPTO). It is a government body which takes care of all Patent related matters such as Patent filings, examination of Patent applications, issue of Patents, and maintenance of Patents. Let us know more about Patents in the next paragraphs.

As we already know about Patents from the above paragraph. Now, let us discuss about its types. Mainly, there are three types of patents available in the US i.e., Utility Patents, Design Patents, and Plant Patents. Utility Patents are the most common type of patents issued by the USPTO. It is granted to protection of invention. To get a Utility Patent in US, you need to file a Patent application and follow the process given by the USPTO. First step, you need to prepare a Patent document where you need to write down the details of the invention. Details should be written as per the prescribed law. It should cover title, abstract, description, drawings and claims of the invention. Second step is filing of the Patent application where you need to provide details of inventor(s), applicant(s) etc. Post filing of Patent application, it enters in the prosecution stage. The Patent office publishes the filed Patent application on their official website and examines the application. Post examination, they may ask a few clarifications by issuing a Non-Final Office Action or a Final Office Action. Upon completion of prosecution stage, Patent office will give its decision on the filed Patent application. They may issue the Patent or may reject the Patent application.

From the above discussion, you can see that getting a Patent is complex process. It requires technical and legal knowledge. The typical process covers writing of Patent application, preparation of documents, forms, payment of government fees, and filing of responses to the issued Office Actions etc. Therefore, it is always advisable to take help of the Patent experts. They may help you in writing of proper Patent document, preparation of forms, filing responses to the issued Office Actions in timely manner. They represent your case before the examiner in the most efficient and effective manner. Patent experts may reduce your effort, time, and increase the chances of getting a granted Patent.

Now, if you want to take help for the Patent process, we at IPExcel will be happy to help you with the entire process and guide you in the right direction. Our team of experts have vast experience related to US patent processes.

What is a Utility Patent?

Let us know more about Utility Patent. It is a form of intellectual property that protects functional aspects of an invention. It includes technical information about the invention, its mechanism, and how an invention is made or used. You can apply for utility patent for inventions that are useful, novel, and non-obvious. Your invention qualifies for utility patent if it falls under the category of a machine, a process, or a composition. However, the USPTO does not allow patent for abstract ideas, natural phenomenon, and laws of nature.

The definition of a utility patent is described in the United States Code as mentioned in different areas of Subsection 11, Title 35, Chapter 10, and Part II. The utility patents only last for a certain period of time, i.e., 20 years, during which, the owner of the patent holder has to pay the maintenance fees.

If you are an inventor, there are many reasons why you’d want to hire a patent agent or attorney like IPExcel.

Because of its wider applicability to several different types of inventions, utility patent is a popular patent issued by the USPTO. Some innovations that come under the category of a utility patent include:

  • Different types of the process such as software, business process, etc.
  • Compositions of different matters such as pharmaceuticals
  • Articles of various manufactured products, for example, candleholders, brooms, etc.
  • Machines of moving parts, for example, computers, engines, etc.

If your invention falls involves any of the above, you can proceed with a utility patent application.

Furthermore, if you want to know if the patent is already there or not, then you can use the search feature by USTPO. You also need a technical illustrator for drafting a patent. After completing the pre-filing steps carefully, you can move on to the filing of your patent. Once you get a patent in US, it will give you rights to stop others from making, using, offering to sale, selling, or importing the invention into the US.

A top patent law firm have an in-depth knowledge of utility patent application along with extensive experience in handling a wide range of utility patent cases. A top patent firm like IPExcel can guide you throughout the process diligently.

Type of Utility Patent Applications

Mainly, utility patent applications in US can be filled in following ways:

Non-provisional Patent application – A non-provisional Patent application covers title, abstract, complete description, claims, drawings, etc. of the invention. It contains all the technical, functional, and structural details of the invention as per the law. ,Provisional Patent application – You can file a provisional Patent application to secure an early filing or priority date. The idea behind this is that the Patent law gives patent rights to the person who files first and not to whom who invents first. Therefore, the Provisional patent application help in getting the crucial patent filing date without any delay. It is a fast and cost-effective way to get the early filing date. During the initial stages of any business, filling provisional Patent application may be a good strategy to keep utility patent cost down and get ahead of competitors. However, after filling a provisional Patent application, you must file a corresponding non-provisional Patent application within a year of filing a provisional Patent application.

Utility Patent Application Process

The patent application process is also termed as patent preparation and prosecution. The process may start with the writing of Patent application and preparation of forms. Post that, the process of filing can be started. You may hire a Patent expert for writing of Patent application, preparation of forms, and filing of Patent application with the Patent Office. The process of filing a patent application requires both technical and legal expertise. A poorly written Patent application may not be granted.

Once your application is complete and accepted by the USPTO, your examiner will evaluate whether your invention is patentable, if your claim to patent protection is valid, and if your application meets the requirements. If your application doesn’t pass the test, you will get opportunities to make improvements in your application or argue against the objections put forth by the examiner.

This process will continue until the examiner is convinced by your claims. In some cases, the total time starting from filling a patent application to gaining the claim can be years. That’s why your aim should be to ensure your utility patent application is flawless and fast. We at IPExcel, have experienced Patent attorney with the right expertise that can remarkably add value to your Patent application process. This will increase the chances of getting a Patent effectively and efficiently.

Utility Patent Cost

Are you ready to file a utility patent? Then, the next and most important thing that you must know is the cost. To begin with, the average utility patent cost reaches up to $10,000 – $20,000 or even more. However, this is just the cost to file an application. There are several other costs that will be included in your patent.

The utility payment costs comprise different sections such as drafting and prosecution. For filing, the cost can range from $5000-$15000, along with the filing fees of $830 for any "small entity."

You may find lawyers who charge you less for drafting a patent application but opting for low-priced services often comes with added risks and expenses. Inexperienced or amateur attempts at patent filing will not only undermine your chances but can even cross the average utility patent costs. Hence, it’s always in your best interests to trust your utility patent application with an experienced firm like IPExcel.

Why choose IPExcel?

We at IPExcel provide world-class advisory for Utility Patents in the US. We have one of the best teams of patent attorneys, agents and advisors who help innovators across the country to protect their inventions. Partner with us to obtain high quality and secure broad patent protection for your inventions. To date, we have been credited with filing of Patent Applications in multiple countries including United States. We also have a very high success rate of receiving granted patents. So, if you are looking for a professional and trusted advisor for any type of patent application, we are here for you.

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