What is a Utility Patent?
Utility patents cover processes,machines, articles of manufacture, compositions of matter, or improvements thereof. Methods of doing business are generally not patentable unless they involve a process of handling some material or pieces of information. In order for an idea to be patentable it must be: • Novel as defined by the U.S. patent laws (U.S. Code, Title 35). • Useful. • Unobvious; that is, it would not have been obvious to a person having ordinary skill in the art at the time the invention was made. • Not known or used by others in this country, or patented or described in a printed publication in any country prior to the invention.and • Not have been patented or described in a printed publication in any country, or in public use or on sale in this country more than one year prior to the filing date of the patent application.
The typical patent, the one that covers things like “flying machines” or a new use for a laser, or even an office chair that is more comfortable than other office chairs, is called a Utility Patent and is usually the most effective way to protect your invention. Utility Patents are granted for “articles of commerce” or methods for making an article of commerce if they possess the three qualities of an invention. These are Novelty, Utility and Non-obviousness. Patents can be granted for new and useful machines, manufactured products, compositions of matter or chemistry, methods or processes, or for improvements in any of these. Most patents that are granted are Utility Patents.
