Question 1

What is the difference between the utility patent and the design patent?

Accepted Answer

The Utility patent covers the functional characteristics of the invention rather the design patent protects only the structural appearance of the invention. The utility patent will protect the novelty of the product, its use and methodology. Design patents will help in protecting the unique external appearance of the invention.

Question 2

Can software be protected under a utility patent?

Accepted Answer

Yes. The USPTO states that mathematical equations cannot be patented but the software used to translate the equations can be patented. So the software developed for this purpose is eligible to obtain a patent, if it produces useful and tangible results.

Question 3

Is the drawing of the invention necessary for a utility patent?

Accepted Answer

As per the requirements of the USPTO, the drawing of the invention is necessary for understanding the concept of the invention, while it presents the invention in a more visualised way. Similarly, without the drawings, the context of the patent will be difficult to be understood. This drawing will make it clear to the examiner about the abstract of the invention.

Question 4

What is the lifespan of a utility patent?

Accepted Answer

Patent protection for utility patents, the most popular kind of patent, lasts for 20 years following the application's filing date.

Question 5

What happens to a utility patent after 20 years?

Accepted Answer

The innovation enters the public domain once a utility patent has been active for 20 years and a design or plant patent for 14 years. This signifies that the invention is no longer protected by a patent and is no longer exclusive, allowing anyone to create, use, or sell the idea without violating any laws.