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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.


IPExcel helps in protecting an invention by applying for Utility Patent in India

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.

The Patent firms like IPExcel provides Utility Patent related services as patent search, patent filing and patent registration

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.


IPExcel, we have a team that knows the Utility patent filing procedure in-depth and can guide you in appropriate ways.

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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IPExcel is a specialised Technology Research and Consulting Organization that provides end-to-end services related to Utility Patent India.

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Which can be easily filed in other countries without modifications

We have a strong team, from reputed colleges, which can help you in protecting your invention under utility Patent.

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IPExcel can help you in planning the best possible strategy for protecting your invention through Patent or Utility Patent.

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If you wish to protect your invention in the US, you can choose for a Utility Patent with IPExcel


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IPExcel can help you to protect your IP rights in the best possible manner through registration of Utility Patent.

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M.Sc. (Integrated) & Ph.D.

Dr. Anand Biswas - IPexcel is a specialized Global Intellectual Property Advisory Organization that assists in Filing A Utility Patent.

M.Sc. (Integrated) & Ph.D.

Anand is a Technology Analyst with over than 15+ years of experience in the Technology & Patent Domain. He holds Masters (Integrated) in Chemistry and Ph.D. in Materials Science both from Indian Institute of Technology (IIT), Kanpur, India. Over the years, he has gained immense hands-on experience in consulting Technologists & In-house R & D Teams of Fortune 50 organizations for developing, protecting and licensing innovative proprietary technologies. He has worked onsite/offsite extensively with global teams of attorneys, technologist and business leaders across many jurisdictions such as US, Europe, Canada, China, South Korea, Singapore, and Middle East.
Prior to joining IPexcel, he has worked for 8+ years, in a Fortune 50 organization - General Electric (GE), where he provided Inhouse R&D teams with Technology & Competitive insights to help them in various stages of technology development & commercialization. He has also worked as a Senior Portfolio Manager at King Abdullah University of Science & Technology (KAUST), Saudi Arabia, where he was responsible for working closely with Technologists in creating, protecting, maintaining and commercializing IP Portfolios of KAUST. He was also a Director in an International Technology Consulting Firm, where he was responsible for driving growth of the Organization in global markets. Anand has also published 17 research papers in journals & conferences of International repute on Technology & TRIZ.


  1. 1. Six Sigma Green Belt
  2. 2. TRIZ (Theory of Inventive Problem Solving) practitioner
  3. 3. Certified WON Information Specialist, Netherlands
  4. 4. Certification Course on US Patent Bar Review, Patent Resource Group (PRG), USA
  5. 5. Competitive Intelligence (CI), Frost & Sullivan
  6. 6. Customer Driven Innovation by Faculty, Kellogg School of Management
  7. 7. Market Analysis, Indian Institute of Management, Bangalore

M.S. (Electronics) | Ex-GE |
Ex-Lockheed Martin | Ex-Northrop Grumman

M.S. (Electronics) | Ex-GE | Ex-Lockheed Martin | Ex-Northrop Grumman

Jason has 35+ Years of Combined Technical & Legal Experience, where Jason has worked for several Fortune 500 organizations including General Electric, Lockheed Martin & Northrop Grumman. Jason has drafted more than 150 patent applications and prosecuted over 200+ office actions with a 90% patent grant rate in the areas of Electronics, Software and Electrical Technologies for Fortune 500 Organizations.

Master’s Biotechnology, LL.B.
Patent Attorney

Master’s Biotechnology, LL.B.
Patent Attorney

He holds a Master’s degree in Biotechnology and LLB with specialization in Intellectual Property Laws. He is an IIT Kharagpur Alumni and has an overall experience of 7 years in Patent Laws. His expertise lies in Patent Drafting and Patent Prosecution for India & abroad. He has drafted more than 300 Patent Applications for India, US, Europe and PCT and has prosecuted more than 250 Office Actions for India, US, and Europe. Prior to joining IPexcel, he worked for Fox Mandal & Associates, the oldest law firm in India with International presence. Apart from Patent drafting & Prosecution, he represents IPexcel at Various National and International Forums.

B.Tech., M.S., Dip. IPR
Robert Gordon Univ. UK

B.Tech., M.S., Dip. IPR
Robert Gordon Univ. UK

He holds a Master’s degree from Robert Gordon University, Aberdeen, UK. He is a Mechanical Engineer with overall 5 years of experience in Intellectual Property and technology domain. Before joining IPexcel, he has worked with General Electric (GE), where he evaluated Technologies and implemented ideas around various technology domains. His expertise lies in developing Technology Portfolio Strategies through Extensive Technology Landscapes, Technology & Patent Assessments, Competitive Intelligent reports and Freedom to Practice and White Space & Gap Analysis for R&D Areas. One of his expertise worth mentioning includes Oil & Gas. He also works with the R&D and legal teams for developing risk mitigation strategies for various organizations. He also has experience in Patent drafting & Prosecution of US and Indian Patent applications. He has also published many International Papers in highly reputed international journals.

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