RevolutionaryStartups

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.

Category: Legal and IP · Reviewed 11 November 2026 · 2 min read

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

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.

Go deeper

All 70 startup terms · More terms starting with U · Guides

General information, not legal, tax or financial advice. Reviewed 11 November 2026.