A utility patent protects the technique by which an invention is used and works. The structure and function of the invention is protected through utility patent. The utility patent is issued for the invention of a novel and constructive process, machine, device, article of manufacture, composition of matter, or a new and constructive improvement thereof. It allows the owner to bar others from making, using, or selling the invention for a period extending to twenty years from the filing date of patent application subject to the payment of maintenance fees.
A non provisional utility patent application must include a specification consisting of claim/claims, drawings when required, an oath or declaration and the prescribed filing, search, and examination fees. In addition a completed non provisional utility patent application should contain Utility Patent Application Transmittal Form or Transmittal Letter, Fee Transmittal Form and Application Data Sheet. The number of claims, independent claims and dependent claims partly determine the fee required to be submitted with a non provisional utility patent application. The specification is a written account of the invention and the mode of production and employment of the same. A specification shall state
- The title of invention that specifies the name, citizenship, and residence of the applicant,
- Cross Â¬reference to related applications
- Statement regarding Federally-sponsored research and development
- Background of the invention that points out the field of the invention and describes the relevant prior art
- Summary of the Invention
- Brief Description of the Drawing
- Detailed Description of the Invention
- Abstract of the Disclosure etc.
A notice of allowance will be send to the applicant after the application is examined by the PTO and found to be in conformity
with formal requirements. Once the issue fee is paid by the applicant, then the patent will be granted.
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