A utility patent is a form of patent granted under U.S. patent laws that grants inventors exclusive rights on a functional invention. A utility patent is used to protect an invention that offers a distinct, functional novelty or improved application of an existing concept. Common examples of inventions that are the subject of utility patents are software programs, mechanical devices, pharmaceutical drug compounds, and industrial processes.
What Does a Utility Patent Do?
A utility patent provides a form of intellectual property that grants exclusive rights to the inventor. This grants the patent holder the right to exclude others from making, selling, using, or importing the invention without their consent. It provides patent holders exclusive rights for a limited period of time, typically 20 years from the date of application.
Difference Between Utility Patents and Other Patents
Utility patents are distinct from other forms of patent, such as design patents, which only protect the appearance of a product. Utility patents grant invention rights on a functional novelty, rather than the appearance of the invention. Similarly, Utility patents differ from plant patents, which protect the rights to plants or animal products with distinct and novel genetic traits.
Examples of Utility Patents
Recent examples of utility patents include the granted patents for Elon Musk’s “partially reusable rocket system” and Amazon’s “system and method for placing a purchase order using a natural language.” More commonly, utility patents are also granted for more mundane technologies, such as climate control and remote sensing systems for automobiles, and various medical devices.
Conclusion
A utility patent is an important form of intellectual property protection for inventors, granting exclusive rights to make,sell, use, or import an invention. Knowing the difference between utility patents and other forms of patent can help inventors ensure they protect their intellectual property in the most effective way.