Utility Patent Applications in 2 Minutes.

What is a Utility Patent Application?

The quick answer is this: A utility patent application is a written application to a patent office seeking a patent on a function. Whether it is a process, a device or a method, the patent claims cover doing something useful. If you file in the US, the patent is reviewed for (a) whether it covers patentable subject matter (a major inquiry after Alice); (b) it is novel, meaning nobody did that exact thing before even if they didn’t recognize the significance of it; (c) it is not obvious, which typically takes the form of prior art references that, when combined, render the invention obvious; (d) whether it enables a person or ordinary skill in the field to create the patented thing, and (e) it is useful (a test that is not very hard to pass). If it meets all of those criteria, it issues as a patent.

There are other kinds of patents, such as design patents and plant patents (in the US). Those are beyond the scope of this article.

If you’re an innovator, understanding utility patent applications is critical. They are the seed that grows (if the stars align) into patent protection. Let’s dive into what they are, what they do, and why they matter.

The Basics of a Utility Patent Application

A utility patent application is the real deal when it comes to patenting your invention. Unlike a provisional patent application, which is a temporary placeholder to secure an early filing date, a utility patent application can mature into an actual patent. Let’s say it a different way: If you don’t file a utility patent application, you can’t get a utility patent. Sure, a provisional patent application can be part of the process, but unless you file a utility patent application, the provisional will simply expire after a year. If you’re aiming to protect your invention and get a U.S. Patent and Trademark Office (USPTO)-issued patent, the utility application is your path forward. As you’ll see from other videos and articles on the site, getting a patent is the completion first step in the intellectual property journey. Remember to make sure that your patent claims match what you want to do in your next step.

Key Requirements for a Utility Patent

To successfully obtain a utility patent, your invention must meet five key criteria:

Usefulness (Utility)
Your invention must be useful. In practice, this is a low bar; almost anything is considered useful unless it serves no functional purpose or is illegal. An example of something without utility would be an invention that does not work. As a practical matter, though, there are no real consequences to issuing a patent that covers something that does not work. It is hard to imagine how a non-functional invention would draw infringers. Because of that, it is considered, if at all, briefly and in passing.
Novelty
The invention must be novel, meaning no one else has done the exact same thing before. Even if others stumbled upon the concept but didn’t recognize or document it, your invention would no longer be novel. For example, if I discovered that aspirin could be used to moderate nuclear reactions, while I might be able to patent the process for using aspirin in that way, I could not patent aspirin, as aspirin is not novel.
Non-Obviousness
If your invention is simply a combination of existing ideas in a way that anyone skilled in the field would find obvious, it won’t pass this test. The invention must involve meaningful progress beyond what’s already known. Some patent examiners can be very aggressive in what they believe would have been obvious to combine. I’ve personally had patent claims rejected over a combination of five prior art references from a variety of fields.
Adequate Description (Enablement)
Your patent application must thoroughly describe the invention. The goal is to allow someone skilled in the relevant field to recreate your invention based solely on your application. This demonstrates that you fully understand and can articulate your innovation. More importantly, it fulfils the exchange that patents rely on: In exchange for teaching the world how to practice your invention, you get a limited period of monopoly control over the invention.
Patent Eligibility (Section 101 Compliance)
Here’s the wildcard. Not everything can be patented, even if it meets the other criteria. The U.S. Supreme Court (in the Alice v. CLS Bank case and other cases) has ruled that some categories of inventions—like abstract ideas, natural phenomena, and laws of nature—are not patentable. However, the exact boundaries of this rule remain murky and often require careful legal analysis. Congress could step in and fix the confusion. Even though the US Constitution provides for patents, they are implemented by statute.

What Happens After You File?

Once you file a utility patent application, the clock starts ticking. If approved, your patent term lasts for 20 years from the filing date. This gives you exclusive rights to your invention, allowing you to control its production, use, and distribution.

In some cases, delays at the patent office can extend your patent term (a Patent Term Adjustment can issue). The sooner your patent is granted, the sooner you can maximize its value. I had the unfortunate experience of having long patent office delays in getting a patent on a way to prevent people from copying video DVDs. By the time the patent issued, nobody was using DVDs anymore.

Why Utility Patents Matter

Utility patents are the foundation of innovation protection. They allow inventors to safeguard their creations, giving them a competitive edge in the marketplace. From groundbreaking technologies to everyday products, utility patents cover the inventions that drive progress forward.

If you’re serious about protecting your invention, filing a well-prepared utility patent application is a critical step.