6 Simple Steps to File a Utility Patent in the US

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When it comes to patents, inventors often refer to utility patents. It is because these patents cover the most prevalent categories of invention. They grant protection to new ideas that produce unique and useful products. As the utility patents can prevent a lot of inventions from being used by other people or companies without permission of the owner, a majority of Patent Applications emphasize these types of patents.

For an invention to obtain utility patent protection, it must fall under one of the following categories:

  • Machines that often consist of moving parts, for example – an engine.
  • Processes that are in the form of stepwise methods, for example – approach to do any business.
  • Useful items that include no or a few moving parts, for example – a screwdriver
  • Compositions of matter that encompass compounds or mixtures, for example – drugs.

If you are having any of the above-given types of inventions and wish to get it patented, then you should meticulously go through the below steps.

Six Fundamental Steps to File a Utility Patent

Note that, the process to file a utility patent is country-specific and therefore, varies from nation to nation. The step-wise process provided here is according to the USPTO (United States Patent and Trademark Office).

  1. Understand patent purpose

The prime purpose of a patent is to empower the inventor with the right to prevent others from manufacturing, using, selling, and importing his invention. It is an exclusive Intellectual Property Right (IPR) that the patentee can enjoy for a specific period. The duration for which the patents are valid is territorial-bound, for example –in the US, a utility patent lasts for 20 years from the date of filing the application.

  1. Maintain invention record

It is imperative to maintain the invention record, including appropriate diagrams and descriptions; important dates, like the date of creation; reason behind the origin of the idea or invention and; signature of at least 2 witnesses supporting the invention.

  1. Ensure that the invention meets the standards set for patenting

Make sure that the idea or invention for which you are seeking a utility patent should suffice the patentability criteria. For this, you should consider the following points:

  • It is not possible to obtain patent protection for an invention from an idea.
  • The work and the efficiency of your idea or invention matter a lot.
  • The invention must be unique, i.e., it should not appear similar to any existing one.
  • The invention or idea must be non-obvious and should hold an excellent subject-matter.
  1. Commercialize potential

The patenting process involves enormous costs. Hence, it is essential to ensure that your invention is worth patenting; otherwise, you can face tremendous monetary loss due to the rejection of your patent application. To prevent such occurrences, you need to be familiar with the market in which you are planning to launch the product. Besides, your invention should hold the ability to stand out in millions to make money via licensing and other ways.

  1. Conduct the patent search

Patent search plays a vital role in the process of obtaining patentability as it can help you in determining whether your invention is new or not. That’s why you should carry out a patent search that includes fetching all the relevant data and information from the U.S. Patent Office and many other journals.

  1. Be aware of the documents required

For obtaining utility patent protection for your invention, you need to be sure for providing the following documents:

  • Form 1: Application for allowance of the patent
  • Form 2: Provisional or complete specification
  • Form 3: Undertakings under section 8
  • Form 4: Declaration as to inventorship
  • Form 26: If filed through a patent agent, then the power of attorney


When should you file a utility patent application for your invention?

It is crucial to file your patent application as soon as you could after completing your invention. It is because as per the Patent Law, the first person who applies for the patent is always considered as the inventor, no matter whether he is the real inventor or not. Apart from this, the timely filing of the utility patent application can serve you with many other benefits. Once applied for the patent, you can confidently protect your invention with a label “patent pending” as it will keep the potential infringers away. It will also provide you with a profitable option to seek royalty payments from the person or company who used your invention during the pending period, including the provisional period as well. For more visit: https://www.trademarkmaldives.com

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