A utility patent is typically issued for the invention of a new and useful process, machine manufacture, or composition of matter, or a new and useful improvement of any of the above. A patent must also be novel, nonobvious, adequately described or enabled, and claimed by the inventor in clear and obvious terms. A utility patent protects the way an invention is used and works. Once a person is granted a utility permit, he or she can exclude others from making, using, or selling the invention for twenty years from the date the application was filed.
The owner of a utility patent is required to pay periodic maintenance fees in order to keep the patent in force. This is the most common type of patent, accounting for approximately 90 percent of patent filings in the United States.
Applications for utility patents are required to include a specification, including a description and claims, an oath or declaration, and the requisite fees. The specification is a written description of the invention, which should also include the manner and process of making and using the invention. Further, it should distinguish the invention from other inventions. The specification concludes with the claims to the invention.
The application is also required to include a statement concerning the background of the invention, i.e., the classification of the invention and a description of information related to the invention. A brief summary of the invention should also be included.
The section dealing with the inventor’s claims to the invention is perhaps the most critical portion of the utility patent application. The claims must set forth what the inventor regards as the subject matter of the invention, and they define the scope of the protection of the patent, which is a highly significant factor as to whether a patent will be granted.
The utility patent application process is complex and requires a great deal of time, knowledge, and diligence. Lei Jiang Law Firm will guide you through this process and assist you with the drafting and submission of your utility patent application. Please contact us with any questions you may have.