To obtain a utility patent, you have to file a utility patent application with the USPTO. The as-filed utility patent application includes the abstract, drawings, and description that will eventually appear in the utility patent. Utility patent applications also include claims, which describe your invention.
How to patent your product: Preliminary analysis and patent search. Prepare a utility patent application. Consultation with a patent attorney. Draft the application with your attorney. File the patent application. Await review from the Patent Office. Respond to Patent Office actions. Issuance of your patent.
The Patent Process Determine the type of intellectual property you need. Determine if your invention is patentable. Determine what kind of patent you need. Get ready to apply. Submit your application. Work with your examiner. Receive your approval. Maintain your patent.
Once your provisional patent application is granted, you can identify your invention as patent pending. As the patent owner, you can sell or give your ownership to anyone you want. When the patent expires, your invention becomes available to the public, and anyone can sell, make, or use it from then on.
It is no surprise that utility patents are substantially harder to obtain than design patents. What may be eye-opening is that the probability of obtaining a utility patent is a function of several factors.
New or improved products, processes, or machines are eligible for utility patents, which give the patent holder exclusive rights over the product. This includes manufacturing and selling the product, and that can be valuable when there is a market for the patented item.
Utility patent application: may be filed by anyone who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.