Utility Patent Application
Black’s Law dictionary defines “utility patent” as “the customary type of patent issued to any novel, non-obvious, and useful machine, article of manufacture, composition of matter or process.”
A patent for an invention is the grant of a property right to the inventor, issued by the Patent Office. The right granted by the Patent Office, in the language of the statute and of the grant itself, is “the right to exclude others from making, using, offering for sale, or selling” the invention in the U.S. or “importing” the invention into the U.S. When the patent obtained is a utility patent, the rights obtained cover the way the invention is structured and functions, with exclusive rights being owned by the inventor even if the allegedly infringing product looks different.