Non Provisional Utility Patent
A non-provisional utility patent was a term created in 1995 to distinguish normal utility patents with the newly-established provisional patents. Unlike provisional patents
What is a Utility Patent?
A utility patent is a type of patent that protects the useful mechanical, electrical or chemical components and processes of an invention, meaning a utility patent will protect the way a new invention works to complete a function. Utility patents do not protect designs of inventions or abstract concepts, such as mathematical equations or laws of nature. Utility patents generally consist of new technologies, including articles of manufacture, processes to manufacture goods, electronic circuitry, apparatuses or a chemical compound.
A mechanical invention eligible for utility patent uses typical components, placed together in a way as to perform a new function or provide a different feature. A utility patent is granted to a mechanical invention if the change is significant enough to have its own protection. Chemical inventions require that an inventor demonstrate that the substance which was created has a new and useful function and is not too simple to be considered patentable.
Approved Non-Provisional Patents:
There are several benefits given after a non-provisional patent is approved. No other entity is permitted by law to make a product that infringes upon that patent, though under the guidelines of a non-provisional utility patent, the owner is permitted to license the invention to other entities for selling and manufacturing of the invention through official contractual agreements. When a product has been approved by the USPTO, all information about the invention is then disseminated and searchable in the public archives. This includes all descriptions and detailed drawings pertaining to the invention and features included in it. After the twenty year patent period expires, all other manufacturers are given the right to produce and sell the product and all similar products.
The Non-Provisional Utility Patent Application Process:
The non-provisional application must be prepared in English or accompanied by a translated version in the English language before being submitted to the USPTO. Documents which are to become part of the USPTO permanent record should be typewritten in black or dark ink and the entire application should contain the following:
A Utility Patent Application Transmittal Form
Appropriate Fees
Application Data Sheet (as outlined by 37 CFR 1.76)
Specifications of Invention
Drawings of Invention
Executed Oath of Declaration
The elements of the non-provisional patent application above must be arranged in the above proper order as well.
Every patent application would be incomplete without the Utility Patent Application Transmittal Form. This document is designed to outline the type of papers being filed at the USPTO, including specifications, claims, drawings, a declaration, and information disclosure statement. It should also include the name of the applicant, the type of patent application being submitted, the name of the invention, the contents of the application and other helpful enclosures that assist in the approval process.
The Transmittal Form is also used to determine the applicable fees which are required to be included in the non-provisional application. The amount of fees to be included depend on the number of pages submitted, including any drawings and descriptions, and whether or not a written assertion of small entity status is given. The type of payment should also be stated. If the proper fees are not paid for, the USPTO will issue a notice to the applicant to submit payment within a certain amount of time. If the fees are not paid, the application process will be dropped.
The entire process of submitting a non-provisional utility patent application to receiving the patent can take up to two years and in many instances, several components of the patent application may be rejected due to obviousness or a lack of novelty. Once the initial application reply is received by the inventor, the inventor is given an opportunity to amend any objections the USPTO has indicated before resubmitting it for final approval.
