Utility Patents

Utility Patents

A utility patent is awarded to someone who invents something new, discovers something, or modifies an existing product, process, machine, or manufacturing unit in a tiny but useful way. It also goes by the terms little patent, little patent, innovation patent, etc. Utility patents are unfortunately not offered by all countries; those that do include China, Brazil, Japan, Italy, the United Arab Emirates, and others; India is not one of them.

Each inventor in this stream will receive a utility patent from the United States Patent and Trademark Office (USPTO), which is one of the categories of patents.

The Patent Office will assess an invention's validity and if it is currently in use before deciding whether to give it a patent.

An inventor who obtains a utility patent might utilise it to assert exclusive rights over his or her invention by preventing others from making, selling, or engaging in other commercial activities for a certain period of time without the inventor's permission.

The general structure of the invention as well as its various characteristics are protected when a utility patent is obtained. Similar to this, the invention shouldn't exist even if it seems distinct.

Features of Utility Patents

• The utility model, as opposed to the process model, grants an unequivocal right to the invention with respect to the products
• An improvement made to an already existing invention that qualifies for a utility patent is referred to as a ‘incremental invention’ or ‘small innovation.’
• In this scenario, both the originality and nonobviousness standards must be satisfied, however the standards differ by nation
• A utility patent often offers protection for a shorter duration and varies from country to country, whereas a patent generally offers protection for 20 years. Japan, for instance, provides protection for 10 years, although France only does so for 6. As a result, the usual utility patent's duration of protection will be 6 to 15 years
• In comparison to other patents, the utility model registration process takes less time. Prior to registration, there will be no extensive review process in place here; only the fundamental needs are looked at
• There is no law or framework in India that permits the acquisition of a utility patent. As a result, Indian businesses and startups are required to get utility patents from the aforementioned nations.

Utility Patent Drawings:

A trademark application may be filed in India in accordance with the Madrid Protocol's regulations where India is the origin or designated nation. If India is the origin country, applications for worldwide trademark registration may be made to the Indian Trademarks Registry (TMR). WIPO receives requests for international trademark registration if India is chosen as the intended country.

• Utility patent drawings are essential to the patent application process because they help the applicant to more clearly visualise the intricate invention. The design needs to be very formal, precise, and clear
• Every utility patent application should be accompanied with a visual representation of each innovation. A utility patent application may be rejected if the applicant frequently submits unauthorised designs such hand-drawn sketches, low-quality pictures, etc. As a result, presenting the patent drawings will make it easier to conduct the patent examination and accelerate the time to market
• The utility patent drawings must, among other things, meet the USTPO's requirements for angle view, letters, numbers, lines, and proportion in order to be granted the utility patent
• Similar to this, the patent office will request that the applicant submit at least one drawing of the invention, with the exception of chemical substances
• If the applicant neglected to submit any required illustrations with the application, the commissioner will order the applicant to produce the sketch within two months after the date of receipt. If the applicant did not submit the drawing within the specified time, it will no longer be promoted
• It goes without saying that the invention's topic occasionally calls for a thorough justification. Therefore, the patent office employee handling the application will no doubt acknowledge receipt of the utility patent drawing
• Software can receive a utility patent by meeting all USPTO standards. But obtaining the software patent would make it distinctive from other patents. Because there isn't enough information, it's still unclear which part of the programme is patentable. An examination of the existing software patents reveals that networking technologies, encryption, databases, internet search, user interface, and machine control interface are the areas where software is most likely to be patentable
• It is feasible to obtain a software patent in India. The patent is for embedded software used in mobile applications, which must include innovative and inventive features and combine both software and hardware. In a similar vein, the non-patentable inventions were specified in section 3 of the Indian Patent Act, 1970.

Benefits of Utility Patents

Simple Registration:

The utility model patent registration just requires a preliminary appraisal, not a comprehensive examination of the invention. In contrast to the traditional patent process, which can take up to three years, the registration process only requires a minimum of six to twelve months.

Suitable for Short-lived Products:

The utility model patent is typically requested for products that are gradually improved. i.e., making little adjustments to already-existing products. When it is introduced to the market, it can so readily leave an impact.

Not Expensive:

Regarding the expense associated with the application, renewal, and maintenance, the utility model patent is much less expensive than standard invention patents.

Defending Against Infringement:

No one has the right to replicate it for commercial sale or for displaying the themed product once the utility model patent has been granted to the creator. As a result, it completely protects the goods from infringement.

Least Chance of Refutation:

The utility model patent demands less ingenuity than the preceding version; as a result, the inspection process won't be thorough, and ultimately, it is very difficult to challenge the invention without any convincing evidence.

The Barrier to Entry:

The rival shouldn't release any products that are illegally copied onto the market. If so, when the utility patent has been fully enforced, the competitor may be sued for infringement. Here, the owner of the rights can demand that the rival return the earnings and erect a barrier to further product sales and marketing. Similarly, if the utility model patent application is still pending at the patent office, the rival cannot be sued.

Increased Profit and Reputation:

Since there is such a high demand for the patented product, it would seem that both the patent owner's profits and the reputation of those products would increase. There won't be any competitors in the marketplaces because the patent holder is the only one with the authority to manufacture and sell the products. If so, the patent holder may file a lawsuit against them to recover damages.

Encourage More Inventions:

Providing safeguards like conferring the protection of exclusive rights over the inventor for a limited period and erecting barriers for the competitor in the market will consequently encourage the people to spend their valuable time in the invention.

Checklist for Utility Patents

• While applying for the utility patent, mention the kind of inventions and which category it belongs to like the machine, manufacture, or composition of matter
• The appropriate fee should be paid for the basic filings, search, and examination processes
• The Application Data Sheet (ADS) should be filled along with the details of inventor information, address, domestic benefit, foreign priority, and assignee information
• The document containing the specification of the invention should be mentioned clearly and concisely. It should be easily understandable by anyone
• The title of the invention should be defined in a descriptive manner containing 3 to 7 words. Don’t frame a single word as a title of the invention
• If the content goes beyond 50 pages, then enclose all the details in the Compact Discs (CDs) and it should be elaborately mentioned about the number of the disc and the files present inside it in the application form
• In the non-provisional application of the utility patent, a minimum of one claim, in which the inventor acclaims his invention as distinctive should be present and preferably in a single sentence
• A drawing sketch of the invention should be included along with the description of the claim and this drawing should be very lucid, attractive, and visible.

Types of Patents:

There are three types of patents namely

• Utility patents
• Design patents
• Plant patents

Each patent will have its own requirements and eligibility standards to safeguard a particular kind of invention in this case. If someone wishes to get a patent for both the product's functionality and design, they should separately apply for both a utility patent and a design patent.

Utility Patent:

The most frequent type of patent is a utility patent, which protects novel, original, and practical methods, apparatus, manufactures, and compositions of matter. Here, the process at hand is a technical one that specifies how to make something. Computers, mobile phones, and other electronic and non-electronic machinery are referred to as machines. By combining the chemical components or substances to create the new chemical compound, the composition of matter mimics the new chemical compositions.

Design Patent:

The ‘form and configuration of the object’ are granted a design patent. Here, the object's appearance and shape should be distinctive and should not resemble any other shapes of objects that already exist. This kind of patent simply safeguards the product's external appearance and style, not its useful components.

Plant Patent:

For the novel and distinctive plants created through the asexual reproduction process, which serves as the basis for the patent application, a plant patent will be secured. Simply said, plants may reproduce without using seeds. The procedure of rooting, cutting, grafting, layering, budding, etc. is used for asexual reproduction. In this case, ‘Tuber propagated plants,’ which are food-related and reproduce from the same section of the plant, are ineligible for a plant patent. like the Irish potato

Procedure for Obtaining the Utility Patent Model:

Filing the Utility Patent Application

• Analyse the overall fundamental steps of the patent application process before submitting a utility patent, including the length of time required for patent approval, the costs associated with each step, and the benefits and dangers of each step
• Choose the sort of utility patent you want to buy. Most of the time, individuals are confused by the several kinds of patents that are offered by the patent office
• Investigate uniqueness to see whether a concept is still relevant. If the concept is real, it must be removed from the process. Similarly, even after doing a uniqueness investigation, there remains a chance of rejection. Therefore, there is no assurance that the invention will be granted a patent as a result of the novelty investigation
• The patent application consists of forms, fees prescribed, and written description. The forms can be found out in the USPTO website and the written description of the utility model will consist of
• Title of an invention
• Background of an invention
• Statement regarding any fund sponsored by the government
• A brief summary of the invention
• Description of drawings
• A detailed description of the invention
• Abstract
• Claims
• Inventor oath

Examining the Patent Application

• It will take between 4 and 6 months to examine the utility model patent application, which is chosen on a first-come, first-served basis
• The office of first patent examination will initially review the patent application
• Here, the formalities will be double checked, and the application will be prepared for the in-depth review
• All relevant supporting information on the invention should be disclosed by the inventor
• The entire subject matter, novelty, non-obviousness, and the written description will be examined during the substantial examination, and if the invention passes the aforementioned process, a patent will be granted
• The written description will be examined to determine whether it adequately describes the invention to the general public.

Respond to the Objection

• There are numerous reasons why the utility patent could be rejected, but the patent office will provide a justification for the decision
• If the application is turned down, the inventor may submit a response to the examiner to argue against the decision
• Typically, the response must be sent within three months of the day the patent office took action. An additional fine will be imposed on the inventor if the response was submitted after these three months
• If the application is turned down, the decision is merely the examiner's opinion. After the examiner is pleased with the claim, the patent can be secured by submitting evidence in support of the denial.

Awarding the Patent:

If the examiner's objection is overruled, the USPTO notifies the applicant of the allowance and the fees owed. The applicant must now pay the publication and issue fees in addition to the previously indicated payments. The patent is given whenever the aforementioned procedure has been completed successfully. It is crucial to keep in mind that after receiving a utility patent, the maintenance fee must be paid on a monthly basis at intervals of 3.5, 7.5, and 11.5 years.

Documents Required for Filing Utility Patents

• Utility patent application transmittal form
• Fee transmittal form
• Application data sheet
• Written description of the invention
• Drawing sketch of the invention
• USPTO prescribed fees
• Oath and declaration of the inventor.

Why Vakilsearch

Vakilsearch helps businesses and innovators get utility patents by offering legal services. A utility patent can be difficult and time-consuming to secure, yet it is given for novel and beneficial discoveries or innovations. Vakilsearch can be of assistance by giving direction and support all through the patent application process, including carrying out a patent search to ascertain the novelty of the invention, preparing and submitting the patent application, and responding to any problems that may come up during the examination process. The team of skilled patent attorneys at Vakilsearch can assist in making sure that the application process for a patent goes smoothly and that the rights of the inventor are completely safeguarded