What is a "Utility" Patent?

Under federal statute, any person who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent." A "process" is defined as a process, act, or method, of doing or making something, and primarily includes industrial or technical processes. A "machine" would be anything that would commonly be considered such, from a clockwork to a tractor to a computer. The term "manufacture" refers to articles which are made, and includes all manufactured articles. A "composition of matter" is a chemical composition, and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter, taken together, include practically everything that is made and their processes for production.

The Difference Between "Utility" and "Design" Patents

In general terms, a "utility patent" protects the way an article is used and works, while a "design patent" protects the way an article looks. Both design and utility patents may be obtained on an article if invention resides both in its utility and ornamental appearance. While utility and design patents afford legally separate protection, the utility and ornamentality of an article are not easily separable. Articles of manufacture may possess both functional and ornamental characteristics.

Filing a Utility Patent Application

Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

To get a U.S. utility patent, an application must be filed in the U.S. Patent and Trademark Office (PTO). You can use the PTO's electronic filing system to submit a utility patent application to the U.S. Patent & Trademark Office. A Utility Patent Application Transmittal Form (Form PTO/SB/05) or a transmittal letter should be filed with every patent application to instruct the USPTO as to what actual types of papers are being filed (e.g., specification, claims, drawings, declaration, information disclosure statement). It identifies the name of the applicant, the type of application, the title of the invention, the contents of the application, and any accompanying enclosures. Get more information: A Guide to Filing a Non-Provisional (Utility) Patent Application.