A utility patent can cover a smartphone and how it works. Utility patents can cover machines that are made up of moving parts, such as engines, valves, or marsh buggies. Utility patents can cover products made from specific materials or configurations, such as semiconductor chips, electrical devices, chemical compounds, and consumer products. Utility patents can be used to protect the rights of inventors of new drugs with unique health benefits, as well as methods for producing such drugs. Utility patents can cover processes, such as business processes, software, or methods for manufacturing products. Essentially, if you invent something that has a practical application, you can apply for a utility patent to protect your invention.
However, there are some limitations to utility patents. Not all inventions are eligible for patent protection. For example, abstract ideas, laws of nature, and natural phenomena cannot be patented. Additionally, for an invention to be eligible for a utility patent, it must meet certain criteria. It must be novel, non-obvious, and useful. Novelty means the invention is new and not previously disclosed. Non-obviousness means it is not an obvious variation of existing inventions. Usefulness means it has a practical application.
In the United States, a utility patent usually lasts for 20 years after the application is filed.
History teaches that utility patents can be a powerful tool for protecting inventions of an individual inventor or a company. They safeguard intellectual property, foster innovation, and can increase a company’s valuation. Designing a new patentable product or creating a patentable improvement of an existing product can help inventors and business owners to break into a new market or expand their current market share. A strong patent helps elevate a business above competition, ultimately protecting the business activities.