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Introduction:
To understand Utility Patent, we need to first understand the requirements for getting a Patent. Post that we will discuss Utility Patent and situation of Utility Patent in India. Generally, there are three criteria on which most of the countries judge an invention for giving a Patent. First is novelty which means an invention should be new across the world. It should not be disclosed in any document before the filing date. The said document or information should not be available to public in any form. Second is an inventive step. An invention should have technical advancement as compared to the existing knowledge. It should not be obvious to a person skilled in the art. Third is industrial applicability. An invention should have industrial application. It must have some commercial use. Therefore, to get a Patent for an invention, it should have met these three criteria.
The US Patent system offers mainly three types of Patents namely Utility Patent, Design Patent, and Plant Patent. Here, the Utility patent means same as Patent. Utility Patents are given for an invention or discovery of a new and useful process, the machine, manufacture, or composition of matter, or a new and useful improvement. It allows the inventor to exclude others from copying, making, using, or selling the invention for a period of up to twenty years from the filing date of patent application.
Let us learn about Design Patents. It is given for a new, original, and ornate design of an article. The Design may include visual ornamental features, the shape of an article, look or aesthetics of an article. It allows its owner to exclude others from making, using or selling the design for a period of up to fifteen years from the date of grant.
Now let us learn about Utility Patents and Design Patents with example. Suppose you have come up with a new product and you want to protect it. You may protect it under Utility Patents for the working or functionality attached with it. Also, you may protect the looks of the new product under Design Patent. Both protections will give you two different types of Patents. One for the working and other for the looks.
In general, Utility Patent and Patents granted in India are similar in nature. Only different terms are used to represent the same type of protection. The term Utility Patents in India is not used, instead of this, the term “Patent” is used. In India, inventions should follow the strict criteria as given under the Patent Laws of India for getting a Patent grant. It should be novel, inventive, with industrial application, and should not fall under the non-patentable subject matters given under the Indian Patents Act. Both Utility Patents and Patents in India are given for a new invention that fulfils the requirements given under the laws. Once Patent is granted, the Patent owner enjoys protection for twenty years to exclude others from selling, using, making, offer to sell, or importing the patented invention. So, if you have come up with a new invention and want to protect it in the US, you can protect it under Utility Patents for the functionality or working attached with the invention. Similarly, you can protect it under Patents in India. Both are going to have same effect, except the difference in countries.
Let us say, you want to protect the design or look of your new article. In the US, you can protect it under Design Patent. In India, you can protect it under Industrial Design. Please note that the article with an ornate design can be simply protected under Design Patent. It is not required to file Utility patent for the same, if it does not have any new functionality or working mechanism.
IPexcel is a specialised Technology Research and Consulting Organization that provides end-to-end services related to Patents. We have a strong team, from reputed colleges, which can help you in protecting your invention under utility Patent in those countries where it is allowed in the best possible manner. We have highly qualified and skilled professionals who can help you with the services related to novelty, writing of Patent document in the best possible way, filing of Patent with the Indian Patent Office, addressing the Patent related issues raised by the Patent with the filed Patent Application. During the Patent process, our experts take care of the whole process and save a lot of time of inventors and clients. This makes the process easy for our clients. We can help you in planning the best possible strategy for protecting your invention through Patent or Utility Patent.
From the above discussion on Utility Patents and the situation of Utility Patent in India, we can see that different terms are used for protecting an invention. In the US, we call it Utility Patent. In India, we call it Patent for an invention. Both provide similar types of protection and for the same period of time. Therefore, if you wish to protect your invention in the US, you can choose for Utility Patent and if you want to protect it in India, you can apply for a Patent.
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