Utility patents are what most people mean when they refer to 'a patent.' They protect the functional aspects of inventions — how something works, what it does, and how it is made. This distinguishes them from design patents (which protect appearance) and plant patents (which protect new plant varieties). Utility patents account for approximately 90% of all patents issued. To obtain a utility patent, an invention must meet four requirements: it must be novel (not previously known), non-obvious (not an obvious modification of existing technology to someone skilled in the field), useful (having practical utility), and adequately disclosed (the application must teach someone skilled in the art how to make and use the invention). The grant of a utility patent gives the holder the exclusive right to make, use, sell, offer for sale, and import the invention for up to 20 years from the filing date. In exchange, the patent application is published, adding to the public body of knowledge. This trade-off between exclusivity and disclosure is the fundamental bargain of the patent system.
Why It Matters
Utility patents represent one of the strongest forms of IP protection available. They provide a legal monopoly that can be enforced against anyone who makes, uses, or sells the invention — even independent inventors who developed it without knowledge of the patent. For technology companies, pharmaceutical firms, and manufacturers, utility patents are often the most valuable assets on the balance sheet.
How This Connects to IP Protection
immut complements utility patent strategy by providing timestamped evidence throughout the invention lifecycle. Before filing, blockchain timestamps document the development process and establish prior art. During the patent pending period, they record ongoing improvements. For innovations you choose not to patent, immut timestamps serve as defensive publications, establishing prior art that prevents others from patenting the same invention.
Common Mistakes to Avoid
A utility patent protects your idea: Patents protect specific implementations, not abstract ideas. You cannot patent a concept or a goal — only a concrete, workable solution. The patent claims must describe the invention with enough specificity that someone skilled in the field could reproduce it.
Getting a patent means your product is legal to sell: A patent gives you the right to exclude others from your invention — it does not guarantee you the right to practice it. Your patented invention might incorporate elements covered by other patents, requiring licences. A freedom-to-operate analysis is essential before commercialisation.
Utility patents are always worth the investment: Utility patents typically cost $15,000 to $50,000 or more over their lifetime and take 2-3 years to obtain. For many innovations, the cost exceeds the commercial benefit. Alternative protections like trade secrets, blockchain timestamps, or defensive publications may provide better value depending on the technology and market.
Frequently Asked Questions
How much does a utility patent cost?
Total costs over the patent's lifetime typically range from $15,000 to $50,000 or more. This includes attorney fees for drafting and prosecution ($8,000-$20,000), USPTO filing and examination fees ($1,600-$3,200), issue fees ($1,000-$2,000), and maintenance fees paid at 3.5, 7.5, and 11.5 years ($1,600-$7,400 each). International filings add significantly to these costs.
What is the difference between a utility patent and a design patent?
A utility patent protects how an invention works (its function), while a design patent protects how it looks (its appearance). Utility patents last 20 years and require novelty, non-obviousness, and utility. Design patents last 15 years in the US and require novelty and non-obviousness of the ornamental design. A single product can be covered by both types.
How long does it take to get a utility patent?
The average time from filing to grant at the USPTO is approximately 23 months, though this varies significantly by technology area. Software and business method patents often take 3-4 years, while mechanical inventions may be faster. Expedited examination programs (Track One in the US) can reduce the timeline to 6-12 months for an additional fee.
Protect Your Intellectual Property Today
Whether you are navigating utility patent or building a broader IP strategy, immut gives you instant blockchain-verified proof of your innovations — no lawyers, no delays.