• Home
  • About
    • Client Reviews
    • Patent Samples
    • Accolades
    • About Firm
    • Technologies
    • FAQs
  • Services
    • Patents
      • Patent Consultation
      • Patent Search Service
      • Patent Application Service
      • Patent Prosecution
      • Utility Patents
      • Design Patents
      • Patent Defense
      • Patent Enforcement
      • Working with In-House Attorneys
    • Trademarks
      • Trademark Search
      • Trademark Application Services
      • Trademark Prosecution
      • Trademark Enforcement
      • Trademark Defense
    • Licensing
    • Worldwide IP
    • Risk Management
    • Due Diligence
  • Industries
    • Browse Patent Samples
    • Automotive Patents
    • Construction Patents
    • Consumer Products Patents
    • Electronics Patents
    • Food, Beverage, & Other Culinary Patents
    • Manufacturing Patents
    • Medical Products & Devices Patents
    • Optics Patents
    • Software & App Patents
    • Tools & Equipment Patents
  • Learning Resources
    • First-Time Inventor?
    • Why Patent Your Invention in a Bad Economy?
    • Videos on Patents
    • Search 180+ Articles
      • Patent process
        • Overview of Patent Process
          • Patent process timeline and major milestones
          • Patent Process: Invention to Patent Granted (Simplified)
          • Patent process, overall steps and procedures
        • Overview of the examination process within the USPTO
          • Highs and lows of securing patent protection for your invention
          • What is the Patent Office procedure after filing a patent application?
        • Benefits of a Patent Search
          • What is a patent search and How to do it?
        • Patent attorneys, agents and the USPTO can help with the patent process
        • USPTO Website
      • Invention Agreements
        • What is an NDA and when to use them?
        • How to use a contract to protect your invention?
        • Working with others without losing your IP rights
        • Patent Assignments for Independent Contractors
        • Losing Invention Rights When Hiring or Collaborating with Others
        • Avoid Problems: Get an Invention Assignment Agreement
      • Protect Inventions
        • Misconceptions of Provisional Patent Applications
        • Do you need to get your patent attorney to sign an NDA?
        • Can a confidentiality agreement protect me like a patent application?
        • Four types of intellectual property to protect your idea and how to use them
          • Overview of Patents and Intellectual Property
          • Patent protection benefits and why every inventor should consider getting one
          • 8 tips to successfully protect your idea
          • Benefits of Patent Protection
          • Best uses for design patents
        • Reasons to only market your invention after securing patent pendency
          • Dangers of 1 yr grace period under first-inventor-to-file system
          • File a patent application before telling others about the invention
        • Risks and benefits of securing software patent protection
          • Strategy to overcome patentable subject matter rejection
        • Pros and cons of filing a continuation-in-part application
          • What is a continuation patent application?
      • How Patent Applications Work: the Basics
        • How to respond to an office action?
        • Request for non-publication of a patent application
        • Anatomy of a Patent Document
        • How to write a broad patent application?
        • Design patents: pros and cons
      • Patent costs
        • How much does it cost to get a utility patent?
        • Provisional Patent Application: Cheap Alternative?
        • Patent Cost Framework and cash flow
        • Provisional patent application: a cheap option?
        • Cheap provisional patent applications
      • Patent infringement
        • Basics of writing a patent claim for a patent application
        • Patent Marking: Everything you wanted to know
        • Avoiding Patent Infringement
        • Can I Copy My Competitor’s Product?
        • Can I Copy My Competitor’s Product? (Design Patent)
      • Worldwide patents
        • Pros and cons of securing worldwide patent protection and their steps
        • Foreign patent filing to secure protection in other countries
      • Responding to Office Actions
        • Overview of Office Actions
      • Trademarks
        • Trademark Registration: common law, state and federal
        • How to obtain a federal trademark registration?
        • How to select a trademark?
          • Protect your idea when pitching to an investor, potential licensee, or buyer
  • Schedule Consultation
  • Contact

Top-Rated Orange County Patent Lawyer | Helping Inventors in Orange County, Los Angeles County & Beyond | OC Patent Lawyer, Irvine CA

Orange County Patent Attorney

(949) 433-0900
You are here: Home / Patent application process / Before filing a patent application / Types of Patents / What is a utility patent?

What is a utility patent?

June 22, 2022 by James Yang

A utility patent is a type of patent that protects new and useful products and processes and their improvements. The patent owner can stop others from making, using, selling, and importing the patented invention into the United States. A utility patent will expire 20 years from the filing date of the nonprovisional patent application. To secure a utility patent, the inventor must file a utility patent application (provisional patent application or nonprovisional patent application) with the United States Patent and Trademark Office. The cost to secure a utility patent is between $12,000 to $25,000. 

utility patent

Is a patent worth the cost?

A patent can be an invaluable asset if significant market demand for the patented invention exists. I advise clients to only spend money on a patent for big money ideas. These are the ideas worth copying by others when they see you being successful. When they copy the patented product, the patent owner can stop them from selling these copycat products.  If the market cap is small, then no one will bother copying your invention.

You can also read my article on the pros and cons of getting a patent.

Inventors sometimes have a dream of making money by licensing their ideas.  If that is your goal, most people don’t make significant money by licensing their patents.  Companies prefer to design around your patent than pay you a royalty for your idea.  As such, it is not easy to license an idea. 

Is it worth it to get a patent even if it is easy to get around?

Yes, a patent is worth getting as long as you understand the breadth of patent protection you can get for your invention, and that breadth of protection is sufficient for you.

To determine the breadth of potential patent protection, you need to conduct a reliable patent search. The patent search will tell you which features of your invention you cannot protect.

You need to understand the office action which is where the examiner will explain why they are rejecting the claims of the patent application. The examiner appears to be citing non-analogous prior art but may be telling you that your claims are so broad that it covers non-analogous prior art. They may just want you to narrow down your claims.

To get broader patent protection, you can file a continuation patent application to develop those claims into broader and broader protection. But, there are costs associated with this strategy.

How does a utility patent benefit the inventor?

A utility patent gives the patent owner the right to stop others from making and selling the same product. With this right, you can sue your competitors or even sell this right to others in the same market space.

How is a utility patent different from a design patent?

A utility patent protects a functional or useful invention, whereas a design patent protects the looks of a product.  Read “What are the differences between utility and design patents?“

When does a utility patent expire?

A utility patent expires 20 years from the filing date of the first nonprovisional patent application. The filing date of the provisional patent application is not used in determining the expiration date of the patent. The patent term can be extended if the patent office does not examine your patent application in a timely manner.

How do you obtain a utility patent?

To obtain a utility patent, the inventor must submit a patent application that describes and shows how to make and use the invention. This patent application is submitted to the United States Patent and Trademark Office (USPTO). It can be submitted as a provisional or nonprovisional patent application.

However, before submitting your patent application, a formal patent search is recommended. The patent search will let you know whether you can get a patent on your invention. Of course, there is no guarantee that you will get a patent even if you don’t find any prior art. But, it will increase your chances.

The patent office provides a tutorial on how to conduct a patent search yourself. The Seven-Step Patent Search Strategy is a reliable process you can use to conduct your own patent search for free.  If you hire a patent attorney to do a patent search, make sure that they are following these steps.

What is the cost of obtaining a utility patent?

The cost of obtaining a utility patent is relatively cheap if you do it yourself without the help of a patent attorney. The government fees would cost about $1,000 to $2,000. However, in my experience, the scope of patent protection is oftentimes too narrow because the layperson doesn’t understand the significance of each word in the claims section.

By hiring a patent attorney, you will generally get broader claims. But, the cost for the utility patent will be significantly higher. Utility patents with the help of a patent attorney will cost you about $12,000 to $25,000. A good patent attorney will also help you to save money by stopping you from spending time and money on an invention that isn’t patentable.

  • Facebook
  • Twitter
  • LinkedIn

Author

James Yang is a patent attorney. For more than 16 years, James Yang has been representing clients to secure patent protection for their inventions and register trademarks to protect their brands. If you need help, call him at (949) 433-0900. Read More…

Popular Posts

  • Patent process overview
  • Patent process explained
  • How much does a patent cost?
  • Why patent your invention in a bad economy?

Patent Book

Navigating the Patent System - new book by Orange County patent attorney, James Yang

Navigating the Patent System: Learn the patent process and strategies to protect your invention

Read for Free
Buy at Amazon

RECEIVE PATENT ARTICLES

Stay up to date on major changes and get tips on the patent process.

We respect your privacy.

Popular Posts

Patent process overview
Patent process explained
How much does a patent cost?
Trademark process and costs
Patent process and costs

 

Services

Patent Consultations
Patent Searches
Patent Applications
Utility Patents
Design Patents
Patent Prosecution Services
Patent Defense Services
Patent-Law Counsel for In-House Attorneys
Trademark Overview
Trademark Search Services
Trademark Application Services
Trademark Prosecution Services
Trademark Enforcement Services
Trademark Defense Services
See All Services

Industries

Automotive Patents
Consumer Products Patents
Culinary Patents
Manufacturing Patents
Medical Patents
Optics Patents
Software & App Patents
See All Industries

Contact

James Yang
OC Patent Lawyer
2372 Morse Ave., Suite #178
Irvine, CA 92614
Tel: (949) 433-0900

Connect

  • Facebook
  • LinkedIn

Sitemaps

Sitemap: Pages | Sitemap: Posts

Terms of Use and Privacy Policy

By accessing this blog, you agree that no attorney-client relationship is formed except by a subsequent written retainer agreement. Also, you agree to not send confidential information unless directed by me to do so. The information posted on this blog is legal information and not legal advice.
Complete Terms of Use
Complete Privacy Policy

ADA Compliance

OC Patent Lawyer aims to ensure that its services are accessible to people with disabilities.
Accessibility Statement

Service Area

From our office in Irvine, California, we serve clients from all areas within Orange County and Los Angeles County, California.

© 2023 · James Yang, Your Entrepreneur and Mid-Size Business Patent Attorney