Utility Patent

What is a utility patent?

When someone invents a new and functional design or item, the inventor can apply for a utility patent from the United States Patent and Trademark Office (USPTO). That patent shows that they are the original creator of the design or item and prevents others from claiming similar or identical designs as their own.

Utility patents are valid for 20 years from the date that the inventor files for the patent, either on their own or with a patent lawyer. During that time, they have exclusive rights to produce, sell, license, or develop the item covered under the patent.

Utility patents cover the following:

Processes
Methods
Compounds like chemicals and medicines
Physical tools
Devices
Improvements on existing products, processes, and methods

Though utility patents are versatile, they don’t protect everything. This includes these types of intellectual property.

Designs
Plants
Abstract ideas
Scientific discoveries
Inventions made for illegal purposes
Aesthetic improvements

Utility patent FAQs

How much does it cost to get a utility patent?

The filing fee with the USPTO typically costs between $200 and $400. However, there are other fees associated with filing for a utility patent. Depending on the complexity of the patent and the attorney you work with, you could pay more than $20,000.

How long does a utility patent last?

Utility patents last for 20 years from the filing date of the patent application. This means the inventor has exclusive rights to the item, process, or method for 20 years. Once the patent expires, others can produce and sell the invention without asking the inventor for permission.

Is a utility patent different from a design patent?

Yes. A utility patent protects the function of the item patented. Design patents cover the appearance of the item. Many inventors end up applying for both to fully protect their inventions.

Do you need an attorney to file for a utility patent?

You’re not legally required to work with an attorney to file for a utility patent. However, utility patent applications can be complex, and letting an experienced patent attorney help you navigate the process can eliminate delays and help you set your application up for success.