If you have come up with a new idea that you believe should be patented, one of your first steps must be to determine which type of patent you will apply for. The United States Patent and Trademark Office has three different designations for patents, which are each very distinct from the other: design patents, utility patents, and plant patents.
If your invention has an actual use to it, is not a plant, and does not address only aesthetic properties, then it is likely that you will be filing for a utility patent. The Patent Professor has over 20 years of experience helping clients apply for, and get approved for, utility patents, and will be happy to bring you through the process. Read more below about different types of utility patents, and how specifically The Patent Professor can help you.
What Is a Utility Patent?
A utility, according to US Law, is any useful process, machine, manufacture, or composition of matter. A utility patent is a legal device that grants the inventor or patent-holder rights of exclusivity for a certain period of time. During this time, they have full rights to the production, distribution, sales, marketing, and all other aspects of their product, and may license it as they choose.
Patents play an important role in technological innovation, and act as incentives for inventors so that they do not need to worry about having their invention repeated by competitors as soon as they bring it to market.
A machine is a device that works to perform a certain task or duty. It could be something simple, like a seesaw, or as complex as a supercomputer. Many machines may borrow from existing patents to produce unique results. It is important to prove to the USPTO that your machine is not just a simple variation on an existing patent, and that it is completely unique.
A process can be patented as a utility because it sets out a specific way to do something, and can achieve the same result each time the process is followed. There are many processes that are patented, from ways to shingle a roof to a certain process that is followed when machines build a box in a special way. As long as you are able to replicate the outcome, and the process is unique and non-obvious, you may be able to apply for a patent in order to protect your process from competition.
According to the United States Supreme Court, “the production of articles for use from raw or prepared materials by giving to these materials new forms, qualities, properties, or combinations, whether by hand-labor or by machinery.” Diamond v. Chakrabarty, 447 U.S. 303, 308.
If you design a new type of shirt, a special type of flower pot, or any other physical product, you may be able to file for a utility patent for your manufacture, provided you are able to prove the necessary criteria to the USPTO. In this way, you will be able to sell your product without worrying about another company simply copying the exact manufacture, changing the label, and selling it as their own.
Composition of Matter Utilities
This could be anything from a new and unique food, to a chemical compound, paint, or anything else that involved the mixture of chemicals to create a new composition. You will need to provide extensive documentation in your application about the chemical composition, the method by which you create the composition, and use, and anything else specific to your invention that will illustrate its uniqueness and usefulness to the USPTO. Utility patents for chemical compositions are very common in the pharmaceutical industry, and we will want to be certain that we are clear of any existing patents while creating this applications.
Am I Eligible for a Utility Patent?
If you have invented a new machine, manufacture, process, or composition of matter, then you may be able to file for legal protection with a utility patent. It is important that you begin the process of protecting your intellectual property as quickly as possible, so that you will not need to worry about competitors taking your idea before they are not allowed to.
When you work with The Patent Professor, you can be sure that all appropriate steps are taken in order to protect your ideas as quickly and effectively as possible. Contact us today to discuss your invention and the likelihood of your ability to file for a patent.
How Can The Patent Professor Help?
When you begin the process of filing for a patent to protect your utility from being stolen or repeated, you will quickly discover that the process is exceptionally complicated. When you hire The Patent Professor to guide you through these complicated but necessary steps, you can use the time you have saved to focus on planning your product and how you will grow your market. Read more below about a few steps of our process:
Before we begin to fill out your application, we will audit all existing patents to be sure we should move forward. The US patent database is extensive, and there are any number of ways that your invention may be disallowed because of an existing protection. We want to be sure that we do as much due diligence as possible before we begin the application so we can move forward with confidence.
After we have determined that it is appropriate to move forward with your patent, we will work with you to ensure that your application is completed the exact way the USPTO requires. There is a lot of information that needs to go into your application, and we will work together to be sure that every piece of documentation is accounted for before we submit the completed packet.
Contact The Patent Professor Now
If you have come up with a new idea, the time to start filing for a patent is now. The sooner you contact The Patent Professor, the sooner we will be able to work towards protecting your invention, and securing your ability to capitalizing on your intellectual property. Contact us today to discuss the details of our process for your patent.