Legal Definitions - utility patent

A utility patent is a type of patent that protects the way an invention is used and works. To get a utility patent, the inventor must file an application with the United States Patent and Trademark Office (USPTO) that includes specific property claims to be examined. The patent application can have multiple claims and must be accompanied by figures and support documents required by the USPTO.

For example, if someone invents a new type of machine that can make coffee faster and more efficiently, they can apply for a utility patent to protect the way the machine works and is used.

The term of a utility patent is 20 years from the U.S. filing date, or from the earliest effective U.S. filing date if the application contains a specific reference to an earlier application. Maintenance fees are required for utility patents.

If someone believes that their utility patent has been infringed upon, they can bring an action against the infringing party. Infringement occurs when someone makes, uses, offers for sale, or sells any patented invention without authorization. A claim for utility patent infringement is brought in federal district court.

For example, if the inventor of the coffee machine mentioned earlier obtains a utility patent for their invention, they can take legal action against anyone who makes or sells a similar coffee machine without their permission.

Utility patents are different from design patents, which protect the way an article looks rather than the way it works.