The Utility Patent Process

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What is a Utility Patent?

A utility patent is a patent that covers the creation of a new or improved — and useful — products, process, machine, or other useful product or method (including software, methods of doing business, and a wide range of new and useful inventions).  A utility patent prevents competitors from making, using, or selling the invention without authorization.  

To qualify for a Utility patent, the invention must be “novel” and “non-obvious.”  Novelty requires that the invention not have been done before, anywhere in the world.  Just because a product is not currently on the market is not enough, it must be completely new and this includes product that have gone live in foreign countries.

Whether something is non-obvious is a difficult question to answer, but a patent examiner will try to find all of the features in different patents (and other prior art documents), and see if there are teachings in the art to combine these references to arrive at the present invention.

Why get a Utility Patent?

A Utility patent will enable a patent holder to prevent competitors from practicing the invention (as defined in the “Claims”), and collect monetary damages for infringement.  This enables a patent holder to maintain higher margins on his or her product, and protect market share from competition.

This is a critical concern in the modern, highly competitive marketplace.  Without a patent advantage, competition will be swift and fierce, and price competition will quickly eliminate profit margins.

To justify your investment in new product development, testing, and launch, it is important to establish patent tools that will enable you to maintain healthy profit margins in the face of tough competition.

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