Designing a new product or improving an existing product are popular ways for business owners to break into a new market or expand their current market share. Many opt to patent their ideas to prevent competition, ultimately protecting their business endeavors. The type of patent a business owner needs will depend on the product in question: either a design patent or utility patent.
What Is a Utility Patent?
When a business owner has created a new or improved product or process, they can apply for a utility patent. The utility patent, if approved, will extend to the creator the exclusive right to produce and sell their invention without competition for a set amount of time. Utility may also be referred to as patents for invention or commercial patents.
To qualify for a utility patent, a product or process must:
- not have previously been patented, including existing patent applications.
- be non-obvious: It cannot be something anyone could invent.
- be novel: It must be unique.
- be useful: It must have “utility.”
A utility patent protects the commercial rights of the item including how it works, what it does, what it produces, or how it improves upon other processes. Once the patent has been granted, the creator owns the right to sell or produce the product or process. Others may not make, use, or sell the invention without purchasing the rights from the patent-holder.
Some concepts cannot be patented such as abstract ideas, natural laws, and human processes like breathing.
How to File a Utility Patent
Once a product or process meets the requirements for a patent, business owners can go to the U.S. Patent and Trademark Office (USPTO) patent search page to search through existing patents and applications to see if their idea has already been issued a patent.
Patents since 1976 include full text results in the search. Older patents, back to 1790, include PDFs. These may be searched by patent number and classification code. There is an online tutorial for looking up patents in the database.
Many business owners consult with a patent attorney to navigate the application process, but that’s required. It is critical, however, that the application be completed correctly, or the business owner may have their idea rejected on a technicality.
Parts of a Patent Application
The patent application consists of several components detailing what the product or process in question is, how it is assembled, and why or how it meets the patent requirements. These components include:
- A descriptive title.
- The context of the product or process, if relevant. For instance, business owners may explain how their work and professional background led to creating this item.
- A brief summary of the invention and an illustration for quick reference.
- Detailed description and claims explaining how the product or process was developed, and how it is novel, useful, inventive, and unique.
- Detailed drawings or schematics if necessary to understand the product or process.
The Patent Review Process
Once the patent application is submitted to the USPTO the review process takes up to 25 months. Some applications may be fast-tracked in extenuating circumstances, such as those filed by elderly and terminally ill applicants.
The examiner reviews the patent to determine if the product or process meets the necessary criteria to be granted a utility patent.
Should All Inventions Be Patented?
Though patents can protect the rights of a business owner to sell their product or process without competition, writing patent applications can be difficult, and the application process is lengthy.
Additionally, costs can add up quickly between patent fees and legal counsel. Business owners often must weigh the cost versus the benefits of patenting their ideas, so each situation is unique. Business owners may benefit from learning how to approach legal obstacles like patents through an online certificate course.