What is a Utility Patent

Before applying for a patent, inventors should know the type of patent for which they need to apply. Utility patents are the most common types of patents issued by the U.S. Patent and Trademark Office (USPTO). What is a utility patent? The answer to this question is fairly simple: a utility patent protects the way in which a new invention or improvements to an existing invention is used or works. A utility patent essentially protects the invention's purpose or function. Utility patents are divided into three distinct categories: mechanical, chemical, and electrical. Items that are eligible for a utility patent include: products, processes, machines, matter compositions, methods, and devices.

A utility patent is one of the easiest types of patents to obtain. One of the requirements of this type of patent is that the invention have utility or usefulness. There are three types of utility that an invention can have. These are: general, specific, and moral (beneficial). General utility means that the invention serves a functional purpose, and specific utility means that the invention is able to perform the function for which it was invented. Moral or beneficial utility means that the invention will not be harmful to society, such as promoting debauchery. If the patent application does not express the inventions specific, substantial, and credible utility, it is highly likely that the patent application will be denied.

A utility patent needs to be sought when an invention introduces a new, beneficial function or improves the function of an item already in existence. Inventors desiring to obtain a utility patent for their invention may want to retain the services of an intellectual property law attorney. Intellectual property law attorneys have a thorough understanding of the utility patent application process and can help inventors ensure that they obtain the exclusive rights to their invention. Contacting an attorney may be one of the first steps inventors want to take before beginning the utility patent application process.