What Is an Utility Patent?
A utility patent protects a new, useful and non-obvious process, machine, manufacture or composition of matter, and generally lasts 20 years from the filing date.
How it works
A utility patent is the most common type of US patent. It covers how something works or is made, such as a process, machine, article of manufacture, composition of matter, or a new and useful improvement of one. To be granted, an invention generally must be new, useful and non-obvious, and the application must describe it clearly enough for others to make and use it.
The patent gives its owner the right to exclude others from making, using, selling or importing the claimed invention in the US. The term is generally 20 years from the earliest nonprovisional filing date. Maintenance fees must be paid at set intervals to keep the patent in force, and the USPTO publishes the amounts.
Example
For example, an inventor develops a new method for storing a perishable ingredient. A patent application contains a written description, drawings if needed, and claims, which are the numbered sentences that define the legal boundaries of the invention. An examiner reviews it against earlier technology and may issue rejections, and the applicant can respond or amend the claims. The process commonly takes years.
Why founders care
A granted patent can be an asset in fundraising or a sale, but patents are not guaranteed and enforcing them can be costly. Some software and business-method ideas face eligibility hurdles. A patent publishes the invention, so a founder should weigh it against keeping a trade secret.
Common mistakes
- Disclosing the invention publicly before understanding the filing deadlines.
- Assuming a patent covers an idea rather than specific claims.
- Forgetting that patents are national, so a US patent does not cover other countries.
- Skipping a prior art search.
Frequently asked questions
What is a utility patent?
A utility patent protects a new, useful and non-obvious process, machine, manufacture or composition of matter. In the US it generally lasts 20 years from the filing date, subject to paying maintenance fees.
Utility patent vs design patent: what is the difference?
A utility patent protects how something works. A design patent protects how an article looks, its ornamental appearance. They cover different things, and one product can sometimes have both.
Related terms
Go deeper
- Do I Need a Patent for My App? A Founder's Guide IP guideDo I need a patent for my app? Learn what software patents cover, why eligibility is a hard question, and what protects an app without one.
- Patent Attorney vs Patent Agent for a Startup IP guidePatent attorney vs patent agent: what each can do, how costs differ, how to hire one for your startup, and how to verify a practitioner on the USPTO roster.
- Patent vs Trade Secret: Which Fits Your Startup? IP guidePatent vs trade secret for startups: how each works, how long they last, the patent disclosure requirement, and how to decide, including for software.
All 70 startup terms · More terms starting with U · Guides
General information, not legal, tax or financial advice. Reviewed 11 November 2026.