key term - Utility Patent

Definition

A utility patent is a type of patent granted for the invention of a new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. Utility patents are the most common type of patents issued in the United States and are the focus of the U.S. patent system.

5 Must Know Facts For Your Next Test

1. Utility patents have a term of 20 years from the date the patent application was filed, as opposed to design patents which have a 14-year term.
2. To qualify for a utility patent, an invention must be novel, non-obvious, and have utility (be useful).
3. The U.S. patent system was established in 1790 to promote the progress of science and the useful arts by granting inventors exclusive rights to their discoveries for a limited time.
4. Utility patents account for the vast majority of patents issued by the United States Patent and Trademark Office (USPTO), making up over 90% of all patents granted.
5. The patenting process for a utility patent involves filing an application, undergoing examination by a patent examiner, and ultimately receiving a patent if the invention meets the legal requirements.

Review Questions

• Explain how utility patents fit into the foundations of the U.S. patent system and the purpose they serve.
  • Utility patents are the cornerstone of the U.S. patent system, which was established in 1790 to promote the progress of science and the useful arts. By granting inventors exclusive rights to their discoveries for a limited time, the patent system incentivizes innovation and the development of new and useful technologies. Utility patents, which account for the vast majority of patents issued, protect the invention of new and useful processes, machines, articles of manufacture, or compositions of matter, or any new and useful improvement thereof. This encourages inventors to invest time and resources into developing practical, functional innovations that can benefit society.
• Describe the key requirements and characteristics that distinguish utility patents from other types of patents, such as design patents and plant patents.
  • To qualify for a utility patent, an invention must be novel, non-obvious, and have utility, meaning it must be useful. Utility patents have a term of 20 years from the date the patent application was filed, which is longer than the 14-year term for design patents. In contrast, design patents protect the ornamental design of a functional item, rather than its utility or function. Plant patents, on the other hand, are granted for the invention or discovery of a new and distinct variety of plant. The patenting process for utility patents also differs, involving the filing of a patent application, examination by a patent examiner, and ultimately the issuance of a patent if the invention meets the legal requirements.
• Analyze how the prevalence of utility patents issued by the USPTO reflects the U.S. patent system's emphasis on promoting practical, functional innovations.
  • The fact that utility patents account for over 90% of all patents granted by the United States Patent and Trademark Office (USPTO) highlights the central role they play in the U.S. patent system. This disproportionate share of utility patents issued demonstrates the system's focus on incentivizing the development of new and useful processes, machines, articles of manufacture, and compositions of matter. By granting inventors exclusive rights to their functional innovations for a limited time, the patent system encourages investment in research and development that can lead to practical, commercially viable technologies that benefit society. The prevalence of utility patents reflects the U.S. patent system's core objective of promoting the progress of science and the useful arts, rather than simply rewarding aesthetic or ornamental designs or new plant varieties.

Related terms

Design Patent:

A design patent protects the ornamental design of a functional item, rather than its utility or function.

Plant Patent:

A plant patent is granted for the invention or discovery of a new and distinct variety of plant.

Provisional Patent: A provisional patent application provides a way to establish an early effective filing date for a patent application, but does not mature into an issued patent unless the applicant files a regular non-provisional patent application within one year.