What is Utility Patent? Meaning, Examples, Criteria and How to Apply

What is Utility Patent?

A utility patent is a legal protection for new or improved inventions, processes, machines, or compositions of matter. It grants exclusive rights to the inventor, prohibiting others from making, using, or selling the invention for up to 20 years from the patent’s filing date.

Read More About: What is Patent in India?

Utility Patent Examples

Utility patents safeguard a wide array of inventions that serve practical purposes. It’s likely eligible for patent protection unless it’s a plant or decorative item.

Below are example of utility patent categories:

1. Automated Systems

These are self-operating machines designed to carry out specific tasks without the need for human involvement.

Examples include:

• Industrial Robots: Utilized in manufacturing for tasks such as welding and assembly.
• Smart Home Systems: Devices that automate home functions, such as lighting and security.
• Power Plants: Automated systems for energy generation, including solar and wind farms.

2. Electronic Innovations

These are devices that utilize electrical power for specific functions.

Examples include:

• Mobile Computing Devices: Smartphones and tablets that combine communication and computing features.
• Advanced Displays: Technologies like OLED screens used in televisions and monitors.
• Electric Vehicles: Cars powered by electric motors, such as those produced by Tesla.

3. Healthcare Apparatus

Equipment used for diagnosing, treating, or preventing medical conditions.

Examples include:

• Medical Imaging Systems: MRI and CT scanners that provide detailed internal images of patients.
• Cardiac Devices: Pacemakers that regulate heartbeats.
• Prosthetics: Artificial limbs designed to replace missing body parts.

4. Biological Engineering

Technologies utilizing living systems or organisms to create new products or processes.

Examples include:

• Genetically Modified Crops: Plants engineered for better yield or resistance to pests.
• Biofuels: Fuels produced from organic materials, like ethanol made from corn.

5. Novel Chemical Compositions

Newly developed or enhanced chemical formulations with practical uses.

Examples include:

• Pharmaceutical Compounds: New drugs developed for treating diseases.
• Industrial Chemicals: Chemicals used in manufacturing, such as catalysts.

6. Digital Applications

Software programs designed to perform specific functions or solve particular problems.

Examples include:

• Mobile Applications: Apps for smartphones that provide various services, from banking to gaming.
• Artificial Intelligence Systems: Software that applies machine learning algorithms for data analysis and automating tasks.

7. Mobility Advancements

Innovations improve the transportation of people and goods.

Examples include:

• Autonomous Vehicles: Self-driving cars equipped with advanced sensors and AI.
• High-Speed Rail Systems: Trains built to operate at much faster speeds than conventional rail systems.

8. Sustainable Technologies

Inventions utilising renewable resources to reduce environmental impact.

Examples include:

• Solar Energy Systems: Photovoltaic panels converting sunlight into electricity.
• Wind Turbines: Devices that capture wind energy to generate power.

What are the Criteria for a Utility Patent?

An invention must satisfy three key requirements to be eligible for a utility patent.

These are defined in Title 35 of the United States Code, particularly in sections

• 101 (Industrial Applicability-Utility)
• 102 (Novelty)
• 103 (Non-obviousness)

1. Novelty

Novelty in patents means the invention should be unique compared to existing knowledge.

• To maintain novelty, it’s important to keep the invention confidential before filing.
• Avoid public disclosures such as articles, abstracts, or advertisements.
• In many countries, submitting a patent application before publicly disclosing your invention is necessary.

2. Non-Obviousness

Non-obviousness means that the invention must represent a significant advancement over existing technologies.

• It should be a minor improvement that someone skilled in the relevant field could easily deduce.
• To determine if an invention is non-obvious, the U.S. Patent and Trademark Office (USPTO) envisions a standard expert in the field, referred to as a “person of ordinary skill in the art” (POSITA).
• This individual could be a scientist or engineer familiar with the subject matter.

When patent examiners think an invention might be obvious, they often look at different existing ideas (called “prior art”) and combine them. You can defend your inventions by showing they solved a problem others didn’t see or by combining existing ideas that led to surprising results.

3. Industrial Applicability

The utility criterion ensures that patents are granted for inventions with immediate, tangible benefits rather than purely theoretical concepts.

• This means that inventions must have specific and practical real-world uses.
• The invention must fulfill its intended purpose, though it doesn’t need to outperform existing inventions.

Related Read: Why You Should Patent Your Ideas?

How to Apply for a Utility Patent in India?

To file a patent in India,

• Begin by providing a comprehensive description of your invention along with diagrams.
• Conduct a thorough patentability search to ensure the invention is unique.
• Assess its novelty and industrial applicability, then draft precise claims and descriptions.
• Apply with relevant forms, a digital signature, and fee payment.
• Submit the form to request an examination within 48 months and address any objections raised during the review process.
• Once all criteria are met, the patent will be granted.

Read More About: How to Apply and File a Patent in India?

Common Forms Required for Utility Patent Application in India

1. Form 1: Application for Grant of Patent

2. Form 2: Provisional/Complete Specification

3. Form 3: Statement and Undertaking Under Section 8

4. Form 5: Declaration of Inventorship

5. Form 18: Request for Examination

6. Form 26: Power of Attorney (if an agent is appointed)

Difference Between Utility and Design Patent

A utility patent protects the functional aspects of an invention, such as its structure and operation. In contrast, a design patent safeguards the aesthetic appearance of a product, including its visual elements that are not directly related to function.

Related Read: What are the 4 Types of Patents?

Conclusion

In summary, utility patents protect a wide range of inventions, including automated systems, electronic devices, healthcare tools, and sustainable technologies. To qualify, an invention must be novel, non-obvious, and useful. Unlike design patents, which focus on the appearance of a product, utility patents are all about how the invention functions.

Frequently asked questions

1. How long does a utility patent last?

The utility patent lasts for 20 years from the issue date of the patent application.

2. How much is a utility patent​ cost?

The cost of a utility patent in India typically ranges from ₹20,000 to ₹1,00,000 or more. This includes government fees, attorney fees, and additional expenses like prior art search fees and drafting costs.

3. Can I obtain a utility patent in multiple countries?

Yes, you can secure a utility patent in multiple countries by filing an international patent application (PCT) and subsequently filing national patent applications in each desired country.

4. Are there specific industries or technologies that are more suitable for utility patents?

Utility patents are well-suited for industries like manufacturing, technology, pharmaceuticals, and software. They protect inventions that are novel, non-obvious, and have practical applications. These patents are particularly valuable for technologies like AI, robotics, and renewable energy.

5. Are there any unique considerations for obtaining utility patents in the technology sector?

In the technology sector, obtaining this patent can be challenging due to the rapid pace of innovation and the complexity of the inventions. Unique considerations include ensuring that the invention is sufficiently novel and non-obvious,

6. How do utility patents apply to software and computer-related inventions?

Such patents can be granted for software and computer-related inventions if they demonstrate a new and useful process. The invention must provide a specific, substantial, and credible utility.

7. Do Utility Patents Expire?

Yes, utility patents in India expire 20 years from the application filing date, provided that the renewal fees are paid on time. Failure to pay these maintenance fees can result in the patent expiring before the 20-year term.

8. What are the rules for utility patents?

For an invention to be considered patentable, it must meet certain criteria:

• It should be novel, meaning it’s new and not previously known.
• It must involve an inventive step, offering something beyond what is obvious.
• It should be capable of industrial application, meaning it can be used in some form of industry.

9. How long does it take to get a utility patent​?

The duration of the utility patent application process can vary, but it generally takes between one and four years from the filing date to patent issuance.