Utility Patents Explained: An Essential Guide for Every Inventor
As an inventor, you’ve probably dedicated a considerable amount of time, energy, and resources to creating a novel invention that’s entirely new or better than everything…
[SERVICE]Utility patents
Utility patent attorneys for inventors and businesses
A utility patent protects how your invention works, for up to 20 years from filing. Registered patent attorneys write the claims and the application for one flat fee per step.
Your attorneys
Andrew RapackeManaging Partner · Registered Patent AttorneyFormer Naval Engineering Officer. M.S. in electrical and electronics engineering.
Ken BrooksRegistered Patent AttorneyMaterials science and engineering. Patents in software, AI, and electrical and mechanical systems.
[01]Who it's for
For inventors whose product works differently.
Companies of every size use utility patents to keep a technical lead. If a competitor could copy how your product works, a utility patent is how that method or structure stays yours.
Products and consumer goods
A new mechanism, tool or everyday product, protected before it reaches the shelf.
Electrical and mechanical systems
Circuits, controls, sensors, motors and the machines built around them.
Medical devices
Devices and diagnostics, with patent timing planned around FDA clearance.
Software and computer systems
Methods your system performs, claimed as a technical improvement.
[02]What's patentable
What a utility patent protects, and what it does not.
Federal law allows a utility patent on any new and useful process, machine, article of manufacture or composition of matter, or a new and useful improvement to one. Most inventions fall into one of those four classes.
The invention also has to be new and non-obvious. The $999 search tells you where you stand before you spend on filing.
Can be patented
- A process or methodThe steps that produce a result, from a manufacturing method to what software does on a server.
- A machineA device with moving or working parts, such as an engine, a tool or an electrical system.
- An article of manufactureA made product without working parts of its own, such as a container, a garment or a tool head.
- A composition of matterA new chemical compound, mixture or material.
Not on its own
- How a product looksOrnamental appearance is a design patent, which lasts 15 years from grant.
- An abstract idea, law of nature or natural phenomenonA formula, a mental process or something found in nature, without more.
- An idea with no way to make itThe application has to teach someone skilled in the field how to make and use the invention.
- Something already publicIn the US, your own disclosure starts a one-year clock. After that, or after someone else's earlier disclosure, it may not be new.
- A name, logo or sloganBrands are protected by trademark registration.
- Code or writing as writtenCopyright covers the expression. A patent covers the method, however it is written.
[03]Utility vs design
Utility patent vs design patent. Which one do you need?
A utility patent protects how something works. A design patent protects how it looks. A product can have both, and many do.
| Utility patent | Design patent | |
|---|---|---|
| What it protects | How the invention works, is made or is used | The ornamental look of a product or a screen |
| Claims | Usually many, from broad to narrow | A single claim to the design as shown in the drawings |
| How long it lasts | 20 years from filing the full application | 15 years from grant |
| Maintenance fees | Due 3.5, 7.5 and 11.5 years after grant | None |
| Provisional first | Yes. A provisional holds your date for 12 months | No. Design applications cannot claim a provisional |
| Filing abroad | 12 months to file in Paris Convention countries | 6 months |
| Our flat fee | $7,000 to $12,000. Software $11,000 | $3,200, every office action included |
| The RLG Guarantee | Not covered | Covered |
For a longer comparison with examples, see design patent vs utility patent, or our design patent service.
[04]Requirements
What makes an invention patentable?
The examiner checks four things. Each one comes from a section of the Patent Act, and an office action names the section it relies on.
- Eligible and useful. It falls into one of the four classes and has a real use. Section 101.
- New. No single earlier patent, publication, product or public use already shows every part of it. Section 102.
- Not obvious. Someone skilled in the field would not have arrived at it by combining what was already known. Section 103.
- Fully described and clearly claimed. The application explains how to make and use it, and the claims mark its boundaries. Section 112.
More on the conditions of patentability and what a utility patent is. If your invention improves something that already exists, see improvement patents.
What we file utility applications for
- Mechanical and electro-mechanical devices
- Electrical systems, controls and sensors
- Computer systems and software
- Medical devices, through our medical device patent practice
- Consumer products, materials and financial technology
[05]How we draft
Claims written around the product you sell.
Every utility application has two kinds of claims. Independent claims are the broadest statement of your invention and set how far your protection reaches. Dependent claims add detail, narrowing step by step toward the version you actually make.
We draft both on purpose. Broad independent claims make your patent harder to design around. At least one claim describes your commercial product closely, so you have a clear claim to point to if someone copies what you sell.
Drafted to hold up
A patent is only as good as it is in a dispute. Our attorneys also handle patent litigation and post-grant proceedings, and that work shapes how we write applications. Clear terms, full support in the specification and claims a competitor cannot easily step around.
Protect the product on every front
A utility patent covers how the product works. A design patent can cover how it looks, a trademark the name customers know it by, and copyright the manuals, software and artwork. When a product is copied, these rights are often enforced together, so we plan them together.
After the patent issues
The work does not end at grant. We advise on infringement, validity and freedom to operate, handle post-grant proceedings at the USPTO and the PTAB, and enforce patents through patent litigation. When a patent can earn money on its own, we also draft licensing agreements.
What to bring to your first call
- A plain description of what the invention does and the problem it solves
- Sketches, CAD files, photos or diagrams, even rough ones
- What is new compared with products you know of
- Any dates you have shown, sold, published or offered the product
- Any earlier filings, including a provisional
No prototype is needed. Your attorney turns the call into the description the application needs.
[06]The application
What goes into a utility patent application?
The application is the whole patent in draft. What it says on filing day is what you can rely on later, because nothing new can be added after it is filed.
| Part | What it does |
|---|---|
| Specification | Describes the invention in enough detail that someone skilled in the field could make and use it, including the best way you know to carry it out |
| Claims | Numbered sentences that set the legal boundaries of the patent. Independent claims are the broadest, and dependent claims add detail |
| Drawings | Figures that show the invention, required wherever they are needed to understand it |
| Abstract | A short summary that appears on the front page of the patent |
| Inventor declaration and data sheet | Who the inventors and applicant are, and any earlier application, such as a provisional, the filing relies on |
| USPTO fees | The filing, search and examination fees, paid when the application is filed |
The claims decide what the patent is worth. For how we approach them, see how to write patent claims that protect your invention.
[07]Your options
File a provisional first, or the utility application directly?
Most inventors file a provisional first. It costs less, makes you patent pending, and gives you 12 months to keep building before the utility application is due. Filing directly starts examination sooner.
| Provisional first | Utility application directly | |
|---|---|---|
| Fee now | $2,500 to $3,500 flat | $7,000 to $12,000 flat. Software $11,000 |
| Patent pending | From the day it is filed | From the day it is filed |
| Examined by the USPTO | Never. It holds your date | Yes. Examination starts in the queue |
| Time to decide | 12 months to file the utility application | None needed |
| Patent term | The 20 years start at the utility filing, so the provisional year is not counted | The 20 years start at filing |
| Fits when | You are still building, testing the market or about to disclose | The design is settled and you want a decision sooner |
The utility application has to be filed within 12 months of the provisional to keep its date, and it can only rely on what the provisional actually described. More on provisional vs non-provisional applications and our provisional patent application service.
[08]The flat-fee path
Three steps. Three flat fees.
Every step is quoted before any work begins, and the search fee is credited toward a design or non-provisional application. Most inventors file a provisional first, then the utility application within 12 months.
01Start here
Patentability search
$999
Patentable or your money back. Credited toward a design or non-provisional application
- An invention discovery call with your attorney
- A search of US and foreign patents and published applications
- A written patentability report and a review call
Report in about 5 days
Not patentable, full refund*02Then
Provisional patent
$2.5k–3.5k
Set by the invention
- A strategy call to capture how it works
- Drafted by a registered patent attorney
- You review and approve it before filing
Patent pending the day it is filed
Patentability issues, full refund*03Within 12 months
Utility patent application
$7k–12k
Software $11,000. Drawings and USPTO filing fees included
- Claims and a full specification written for examination
- Formal drawings and USPTO filing fees
- Complex inventions quoted flat on your call
Filed before your 12-month deadline
Flat fee, not covered by the guarantee
*Refunds subject to the RLG Guarantee Policy in your engagement letter. Utility (non-provisional) patents are quoted flat and are not covered by the guarantee. How The RLG Guarantee works
[09]The process
From first call to granted patent.
What happens at each step and who does the work. Timing shown is typical, never a promised date.
Utility patentSearch to grant
- Day one01Day oneDiscovery callWalk your attorney through the invention. No prototype needed.
- $99902$999Patentability searchUS and foreign patents and published applications.
- About 5 days03About 5 daysReport and reviewA written report, then a call on strategy.
- $2.5k–3.5k04$2.5k–3.5kProvisional filedDrafted, approved by you, filed. You are patent pending.
- Month 1205Month 12Utility application filedClaims, specification and drawings, before the 12-month deadline.
- USPTO06USPTOExaminationWe answer the examiner and work toward allowance.
- 07Patent grantedOften 2 to 3 years after filing the utility application.
[10]Timeline
How long does it take to get a utility patent?
Often two to three years from filing the utility application to a decision, about 29 months on average in 2026 according to USPTO data. Most of that is waiting in the examination queue.
The application is published at 18 months
Unless you ask otherwise, the USPTO publishes the application about 18 months after your earliest filing date, including a provisional. From then on, anyone can read it.
Office actions are part of the process
Most of the time between filing and grant is examination. The examiner may reject some claims, and we answer with arguments or amendments. Each response on a utility application is quoted flat, at $2,500 to $3,500. More on patent office actions.
Prioritized examination, if speed matters
The USPTO's Track One program aims to reach a final decision within 12 months, on average, of granting prioritized status. It has to be requested when the application is filed, limits the application to 4 independent and 30 total claims, and carries a USPTO fee of $4,515, or $1,806 for a small entity and $903 for a micro entity. The USPTO accepts up to 20,000 requests a year.
For the full timeline, see how long a patent takes from filing to grant.
[11]Whole-life cost
How much does a utility patent cost?
Our fees are flat and quoted before work begins. What comes later is office action responses and USPTO fees, so plan for both.
| Stage | When | What you pay |
|---|---|---|
| Patentability search | Before you file | $999 flat fee, credited toward a design or non-provisional application |
| Provisional application | Month 0 | $2,500 to $3,500 flat fee, set by the invention |
| Utility application | By month 12 | $7,000 to $12,000 flat fee, software $11,000, with drawings and USPTO filing fees included |
| Office action responses | During examination | $2,500 to $3,500 per response, quoted flat before any work begins |
| USPTO issue fee | When the patent is allowed | $1,290, or $516 for a small entity and $258 for a micro entity |
| USPTO maintenance fee | 3.5 years after grant | $2,150, or $860 for a small entity and $430 for a micro entity |
| USPTO maintenance fee | 7.5 years after grant | $4,040, or $1,616 for a small entity and $808 for a micro entity |
| USPTO maintenance fee | 11.5 years after grant | $8,280, or $3,312 for a small entity and $1,656 for a micro entity |
USPTO fees are from the USPTO fee schedule effective January 19, 2025, and the USPTO adjusts them from time to time. Small entity status generally applies to companies with fewer than 500 employees, and micro entity status has income and filing limits.
For a fuller breakdown across patent types, see how much a patent costs.
[12]Term
How long does a utility patent last?
Up to 20 years from the date the utility application is filed, as long as the maintenance fees are paid. The year a provisional is pending does not count toward the 20 years.
- Measured from filing. The term runs from the utility filing date, or from the earliest US application it continues from, not from the grant date.
- Adjusted for USPTO delays. If the USPTO takes longer than set limits during examination, the term is extended to make up for those delays, and the adjustment is printed on the patent.
- Kept alive by maintenance fees. Fees are due 3.5, 7.5 and 11.5 years after grant. There is a six-month grace period with a surcharge. After that, the patent expires.
To work out the date for a specific patent, see when a patent expires.
[13]Avoid these
Five mistakes that weaken a utility patent.
Each one is avoidable, and each one is hard to fix after the application is filed.
- Disclosing before you file. A launch, sale or publication starts the US one-year clock and can end your rights in countries without a grace period.
- Claiming only the version you built today. A competitor changes one part and walks around a narrow claim. Broad independent claims, with at least one claim on your product, close that gap.
- Relying on a thin provisional. The utility application can only claim the provisional's date for what the provisional actually described.
- Missing the 12-month deadline. If the utility application is not filed within 12 months of the provisional, the provisional expires and its date is gone.
- Letting a maintenance fee lapse. An unpaid fee, after the six-month grace period, ends the patent early.
[14]Questions
Before you file.
Still deciding? Your first call is free and comes with a straight answer on whether to file.
Book A Free Strategy CallWhat is a utility patent?
A utility patent protects how an invention works, is made or is used. It covers a new and useful process, machine, article of manufacture or composition of matter, or an improvement to one, and lets you stop others from making, using, selling or importing the invention in the US.
What is the difference between a utility patent and a design patent?
A utility patent protects function, lasts up to 20 years from filing and needs maintenance fees. A design patent protects appearance, lasts 15 years from grant and has no maintenance fees. A product can be protected by both.
How much does a utility patent cost?
With us, a $999 patentability search, a $2,500 to $3,500 provisional application if you file one first, and a utility application at $7,000 to $12,000 ($11,000 for software) with drawings and USPTO filing fees included. After filing, plan for office action responses at $2,500 to $3,500 each, the USPTO issue fee and maintenance fees at 3.5, 7.5 and 11.5 years after grant.
How long does a utility patent last?
Up to 20 years from the date the utility application is filed, extended for certain USPTO delays, as long as maintenance fees are paid at 3.5, 7.5 and 11.5 years after grant. The year a provisional is pending does not count.
How long does it take to get a utility patent?
Often 2 to 3 years from filing the utility application, about 29 months on average in 2026 according to USPTO data. Prioritized examination under Track One aims for a final decision within about 12 months, for an extra USPTO fee.
Do I need a provisional patent before a utility patent?
No, but most inventors file one. A provisional is cheaper, makes you patent pending and gives you 12 months before the utility application is due. If the design is settled and you want examination to start sooner, filing the utility application directly can make sense.
What is included in a utility patent application?
A specification that explains how to make and use the invention, claims that set the legal boundaries, drawings where they are needed, an abstract, an inventor declaration and the USPTO fees. Nothing new can be added after filing, so the detail has to be there from the start.
Do I need a prototype to file a utility patent?
No. You need a complete description of how the invention works. Your attorney can work from sketches, CAD files or a detailed description.
Can I file a utility patent myself?
An individual inventor can file and prosecute their own application. A company, or an applicant based outside the US, must be represented by a registered patent practitioner. The claims decide what the patent covers, which is why most applicants use a registered patent attorney.
Does a utility patent let me make and sell my product?
Not by itself. A patent gives you the right to stop others from making, using, selling or importing your invention. It does not clear you to make your own product if someone else's patent covers part of it. A freedom-to-operate review answers that question.
Can I get a utility patent and a design patent on the same product?
Yes. If the invention lies both in how a product works and in how it looks, each can be protected by its own patent.
What does The RLG Guarantee cover for utility patents?
The patentability search and the provisional application. If the search finds your invention is not novel, you get a full refund or another search. If patentability issues come up on your provisional, you get a full refund or more searches. Utility applications themselves are not covered. Refunds are subject to the RLG Guarantee Policy in your engagement letter.
[15]Learning Center
Go deeper on utility patents.
Design Patent vs Utility Patent: Shield Your Product Design with the Right Legal Protection
One of the most common questions we encounter during our initial consultation is what type of patent application do I need? What are the differences between a design…
How Much Does a Patent Cost: An In-Depth Guide to Patent Pricing in 2026
How much does a patent cost in 2025? See USPTO fees, attorney costs, international filing expenses, and ways to save. Book a free IP strategy call today.
[16]Client reviews
Inventors who filed with us.
4.7 across 614 public reviews on Google, Trustpilot and Avvo.
#1Top reviewed IP law firm*
Read client reviews“Completed the patent search and utility patent within weeks.”
Michael F.Utility patent · Google “Andrew Rapacke and his team are exceptional. They did our provisional and non provisional patents. The entire team is professional and an ease to work with.”
Von DorjevskiFounder, Inguardia Health · Client review “I am now patent pending and patiently awaiting approval on my patent application.”
Thomas AndrewsPatent application · Client review
Reviews reflect individual client experiences. Quotes are excerpts. Prior results do not guarantee a similar outcome. *#1 top reviewed means the most public client reviews on Google, Trustpilot and Avvo of any US patent or trademark firm.
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