Filing a Utility Patent Help

Function and structure are the core to a product's apple. In order to protect the function and structure of your invention, you will need a utility patent.

Utility, as a requirement by the USPTO, is one of the easiest to fulfill.  Qualifications to be met in order to receive a utility patent include:

1)    General Utility- Does the invention have the means to work?  Requiring functionality.

2)    Specific Utility- Does the invention work? Requiring that the invention perform the intended function.

3)    Moral or Beneficial Utility-Does it violate moral expectations? Requiring that this invention not do harm or promote harmful behavior.

A utility patent protects the way that an invention is used and how it works ONLY. It does not protect the design or the way that it looks. (You will need a design patent for this. See "Filing a Design Patent Help".)            Utility patents are subcategorized into three divisions: mechanical, chemical or electrical. Inventors of a new and useful method, machine, device, process, manufactured item or chemical compound will be granted a utility patent.

Because the utility patent plays such an imperative role in our society, the procedure to file and obtain the patent is long and extremely time consuming.

With a process that could have as many as 20 steps, where do you start? Don't stress. Stay focused. Help is here. Use these 13 steps as a guideline:

1)    The Letter:

• A Utility Patent Application Transmittal Form (Form PTO/SB/05), also known as a transmittal letter, must be submitted with every application for a utility patent.
• This tells the USPTO what EXACTLY is being filed. Include the name of the applicant, the type of application, the title of the invention, the contents of the application, and any additional enclosures.

2)    The Specification:

• This is where you divulge the details. The more descriptive you can be the better chances you have of receiving your patent. Include in the description, the manner and process of manufacturing it and using it. It should be clear, concise, and extent.
• This element of the patent application introduces the invention and the inventor to the person analyzing the application.
• It should also include the name, citizenship, and residence of each applicant, and the title of the invention.
• When deciding upon the title of the invention, make sure that the name identifies the item well. It should be as short and specific as possible. (This is how the public will refer to it in the future, so make it a good one!)
• This information will be printed on the patent; therefore it is extremely important to make it look nice.

3)    Application Data Sheet:

• This is voluntary. Should you decide that you want to do it, they must be done according to USPTO code 37 CFR § 1.76.

4)    Cross-Referencing:

• Unless included in the application data sheet, provide a cross reference to related applications. These can be prior filed patents, copending nonprovisional patents, or international applications.
• Include in the FIRST SENTENCE the title, application number filing date, and the relationship of the applications.

5)    Statement regarding federally sponsored research or development.

6)    Background Information:

• This should begin with a statement about the field or market that the invention is intended for.
• Include any information that you have that is related to your invention (references to specific documents).

7)    Brief Summary of the Invention:

• Explain the general idea of the invention in a summarized form. Include the advantages of the invention and what problem it solves.

8)    Description of the drawing:

• List all figures by number and briefly describe the purpose of each.

9)    Detailed Description:

• DETAILED, I REPEAT, DETAILED information about your invention, making it, and using it.
• Use exact terms. Be clear, concise, but thorough.
• Completely explain the difference from other inventions; the process, machine, manufacture, composition, or improvement that is being invented. Anything necessary for someone to understand the invention.

10) Claim(s):

• Definition of the subject matter which the applicant is wanting to patent.
• This is crucial, so spend time on it.
• Must be in formal terms and consistent with the title of the invention.

11) Abstract of the Disclosure:

• Enables the USPTO to quickly determine the nature of technical disclosures of your invention.
• Narrative form. Limit yourself to a single paragraph (no longer than 150 words).
• Must be on a separate page.

12) Drawings:

• A requirement for inventions that cannot be understood without a drawing. The drawing MUST show every feature of the invention.

13) Executed oath or declaration:

• This is a required statement of the applicant stating that he/she believes himself/ herself to be the original and first inventor of this invention.

• You can use USPTO forms PTO/SB/01, PTO/SB/01A, PTO/SB/02, or PTO/SB/02LR.

Oh and when you think you are finished:

Check, check again, and triple check that you have done everything to USPTO standards and guidelines, because you do not want to have to apply again. And don't forget to include the money you owe them for filing a utility patent. They tend to get fussy if you don't pay them!

Joan Martin is a senior writer for PatentHelp.com, a website dedicated to providing inventors with free patent help. You can email her at: JoanMartin@patenthelp.com.