Utility Patent Application
Utility Patent Application Services
Utility patents protect a wide range of inventions, including machines, processes, compositions of matter, and improvements to existing inventions. To obtain a utility patent for an invention in the United States, an inventor must file a patent application with the United States Patent and Trademark Office (USPTO), which includes a detailed written description of the invention and claims that define the scope of the patent protection.
We offer affordable, expert patent application services online for new inventions, following our 5-step process to patent. Our USPTO-registered utility patent attorney is an online patenting services specialist.
Definition of a Utility Type of Patent for an Invention
A utility patent can be issued for inventions that are “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof” (35 U.S.C. 101). They can be issued for new products and processes, improvements, or new uses of existing products/processes. They can also be issued for new methods and new compositions of matter. A utility patent protects the article (product, process, method, or new matter) itself and the way an article is used and works.
In the United States, a utility patent generally gives its owner the right to exclude others from making, using, offering to sell, selling, or importing the claimed invention after the patent is granted. Its term generally ends 20 years from the earliest applicable non-provisional filing date, rather than providing 20 years of enforceable rights from filing. Patent term adjustments, extensions, terminal disclaimers, and required maintenance fees can affect the duration of protection. Patents can be licensed or sold and may support an invention’s commercialization.
Obtaining a utility patent requires a thorough understanding of the invention and its patentability. Working with a utility patent attorney or patent agent can help inventors refine their ideas and business strategies.
5 Steps to Patent a New Invention With Utility Patent Protection
Our five-step patent process is designed to meet the requirements of the United States Patent and Trademark Office (USPTO), the World Intellectual Property Organization (WIPO), or both. The process begins with a prior art search to identify existing inventions, which is then used to evaluate patentability and determine whether allowable claims can be written. Only when an invention meets all patentability requirements do we proceed with drafting and filing a patent application, and a detailed overview of each stage is outlined in what to expect in the utility patent application process.
Carson Patents provides expert patenting services for a wide range of inventions and application types, including patent pending, provisional, and non-provisional filings, as well as U.S. and international Patent Cooperation Treaty (PCT) applications. We also assist with continuation, continuation-in-part, divisional, and substitute applications across all technical categories, including electrical, mechanical, software, processes, and methods. For inventors who need faster review, we can discuss available options for accelerating patent applications, subject to eligibility requirements and additional fees. The USPTO discontinued its Accelerated Examination program for utility applications on July 10, 2025; that change did not discontinue the design patent program.
4 Tips for Choosing a Utility Patent Attorney for Your Invention
1. Conduct Research to Find a Licensed Patent Attorney
Before choosing a patent attorney (or patent agent), it is important to conduct research to identify potential candidates. In the U.S., there is only one authority you should search: the USPTO. The USPTO maintains the list of registered patent practitioners. Legally, working on the patent applications of others requires a separate license issued by the USPTO. In addition to being the source of data on who is a registered (licensed) patent practitioner, the USPTO also offers resources to locate a patent attorney or patent agent.
2. Evaluate Experience and Credentials
Once you have identified potential candidates, it is important to evaluate their credentials and experience. Look for a patent attorney (or patent agent) who has the engineering education and expertise to understand your invention. Experience in your industry or technology area is helpful but not a requirement. After all, if your invention is patentable, it is new and different from anything else anyway, so no one could have experience with it other than the inventor. Experience with patent prosecution is important, and experience with patent litigation or patent licensing can be helpful. Verify education and credentials, including an engineering school, as well as any relevant certifications, specializations, or advanced degrees.
3. Assess Communication and Availability
Patent attorneys (and patent agents) possess specialized knowledge and expertise in the field of patent law, including the intricate requirements and procedures for patent applications. They have undergone rigorous education and training and are licensed to practice law in the field of patents specifically.
4. Consider the Provider’s Overall Approach and Philosophy
Finally, it is important to consider the provider’s overall approach and philosophy. Look for an attorney who shares your values and goals and who can provide strategic guidance and support that aligns with your business objectives. Ask about their approach to patent prosecution, litigation, or licensing, and how they can help you achieve your desired outcomes.
5 Benefits of Hiring a Patent Attorney for Utility Patent Applications
1. Knowledge and Expertise
Patent attorneys (and patent agents) possess specialized knowledge and expertise in the field of patent law, including the intricate requirements and procedures for patent applications. They have undergone rigorous education and training and are licensed to practice law in the field of patents specifically.
2. Access to Resources
Patent attorneys (and patent agents) have access to a wealth of resources and tools to support your utility patent application, including patent databases, search tools, and research materials. They can also leverage their professional networks and relationships with patent practitioners to improve your chances of a successful patent application.
3. Strategic Guidance
Patent attorneys can provide strategic guidance throughout the patent application process, from conducting a patentability search to developing a comprehensive patent application. They can help you identify and address potential issues or weaknesses in your application and provide insights into the patent landscape and potential competitors.
4. Increased Likelihood of Success
Hiring a patent attorney can significantly increase your chances of a successful patent application. They can provide expertise and guidance on the most effective strategies for protecting your invention and can help you navigate the complex requirements and procedures of the patent application process. By leveraging their knowledge, experience, and resources, patent attorneys can help you maximize your chances of obtaining a valuable utility patent.
5. Avoidance of Costly Mistakes
The patent application process can be complex and challenging, and even small mistakes or oversights can lead to costly delays or even rejection of your application. By hiring a patent attorney (or patent agent), you can avoid common mistakes and ensure that your application meets all of the necessary requirements and procedures. This can help you avoid costly delays or rejections and ensure that your intellectual property is protected as effectively as possible.
Patent Application Costs for Inventions with Utility
A utility patent application will cost between $4,000-$6,000 to write and file to protect the function of an invention. Additionally, after filing, prosecution costs are usually between $1,000-$3,000. Please note that these costs only represent Carson Patents‘ fees and do not include the USPTO or WIPO patent application filing fees, which vary depending on the entity status and application size. .
Every invention is unique, so the exact cost of fees for each invention may vary depending on its complexity and the number of claims required to fully claim the invention. Our all-inclusive patent service fees are structured to provide transparency and predictability for our clients. Learn about our prior art search and patentability study costs.
In conclusion, the cost of patenting an invention will vary based on the invention and the number of office action responses required.