UBC Law Review

UBC Law Review

& Franchise Law Review

Utility Patents

A utility patent serves an important purpose. This article will go over that purpose and how it affects you.

The utility patent; this is what most people think of when they think of patents at all. Utility patents are awarded in the case of inventors who have designed a new machine, or discovered a more useful way to do something. A utility patent is also given for a new type of “matter” which is invented. The most common examples of utility patents are those filed by pharmaceutical companies for a new medication. Another example of a utility patent would be a new computer system and all the hardware parts associated with it. Overall, a utility patent is more concerned with the function or the job of the invention. The function of the invention should be thoroughly described on the application. A utility patent is granted for a period of twenty years from approval of the patent.

These patents can be further divided into non-provisional utility patents and provisional utility patents.

Non-Provisional Utility Patents

A non-provisional utility patent application differs from a provisional utility patent application in that, exactly as the name implies, it is not a temporary application. A non-provisional application is also known as a regular, normal, or standard utility application, whereas a provisional utility patent is temporary. Like all the applications submitted, a utility patent application should include the application claim form, the drawings describing the invention, a solemn declaration or oath, and the necessary filing fees.