Utility Patent

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Definition of 'Utility Patent'

A utility patent is a type of intellectual property right that gives its owner the exclusive right to make, use, sell, and offer to sell the invention for a period of 20 years from the date of filing. Utility patents are granted by the United States Patent and Trademark Office (USPTO) for inventions that are new, useful, and non-obvious.

To obtain a utility patent, an inventor must file a patent application with the USPTO. The application must include a detailed description of the invention, including drawings or other illustrations, and a claim that defines the scope of the invention. The USPTO will review the application and, if it is found to be in compliance with the law, will issue a patent.

Utility patents can be very valuable assets for businesses. They can help to protect a company's investment in research and development, and they can give the company a competitive advantage in the marketplace. For example, a company that owns a utility patent for a new drug may be able to prevent other companies from making or selling the drug, giving the company a monopoly on the market.

There are a number of things to consider before filing for a utility patent. First, it is important to make sure that the invention is truly new and non-obvious. Second, it is important to carefully draft the patent application so that it clearly and accurately describes the invention. Third, it is important to understand the costs and fees associated with obtaining a patent.

If you are considering filing for a utility patent, it is important to speak to an experienced patent attorney. An attorney can help you to determine whether your invention is eligible for patent protection, and can assist you in drafting and filing the patent application.

Utility patents are an important tool for protecting intellectual property. By understanding the basics of utility patents, you can make informed decisions about whether to file for a patent and how to protect your intellectual property rights.

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