To obtain a utility patent, an inventor must submit an application to the USPTO, detailing specific claims about their invention. This type of legal protection covers the functionality and usage of the invention. The patent remains valid for 20 years from the date of filing and necessitates the payment of maintenance fees. In the event of infringement, the patent owner has the right to initiate legal proceedings in federal court.
A utility patent is a form of patent that safeguards the functionality and usage of an invention. To obtain a utility patent, the inventor must submit an application to the United States Patent and Trademark Office (USPTO) containing specific property claims for examination. The application may include multiple claims and must be supported by figures and documents as required by the USPTO. For instance, if someone creates a new coffee-making machine that is faster and more efficient, they can seek a utility patent to protect its functionality and usage. The term of a utility patent is 20 years from the U.S. filing date, or from the earliest effective U.S. filing date if referenced in an earlier application. Maintenance fees are necessary for utility patents. In the event of infringement, the patent holder can take legal action against the infringing party, such as in federal district court. For example, if the inventor of the coffee machine obtains a utility patent for their invention, they can pursue legal action against anyone who makes or sells a similar coffee machine without permission. Utility patents differ from design patents, which protect the appearance rather than the functionality of an article.
A utility patent is a form of legal protection granted by the government to an inventor for a new and useful process, machine, article of manufacture, or composition of matter.
A utility patent typically lasts for 20 years from the date of filing the patent application.
A utility patent can be granted for any new and useful process, machine, article of manufacture, or composition of matter.
To apply for a utility patent, you must file a patent application with the United States Patent and Trademark Office (USPTO) and meet all the requirements for patentability.
To obtain a utility patent, the invention must be novel, non-obvious, and useful. It must also be adequately described and enabled in the patent application.
Yes, you can file for a utility patent internationally through the Patent Cooperation Treaty (PCT) or by filing directly in individual countries.
Yes, as the owner of a utility patent, you have the right to sell or license your patent to others.
A utility patent grants the patent holder the exclusive right to make, use, and sell the patented invention for the duration of the patent.
Yes, a utility patent can be challenged or invalidated through legal proceedings, such as patent litigation or post-grant proceedings at the USPTO.
If someone is infringing on your utility patent, you can take legal action against them to enforce your patent rights and seek damages for the infringement.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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