← Back to the page you were readingYou opened this term from another page.

Utility patent

Also called utility patents, US utility patent, nonprovisional utility patent, patent for invention

Published by Patsnap Team Updated 20 sources
Definition

Utility patent is the US patent type that may be granted to anyone who invents or discovers a new and useful process, machine, article of manufacture or composition of matter, or any new and useful improvement of these1,2. It is one of three US patent types, alongside design and plant patents1.

In general terms, a utility patent protects the way an article is used and works, while a design patent protects the way an article looks3. A utility patent is granted subject to the conditions and requirements of the Patent Act2.

AppliesUS applications to the USPTO. "Utility patent" is a US name for a patent type1
Governed by35 U.S.C. 101 for subject matter and 35 U.S.C. 112 for the specification and claims2,4
Not to confuse withUtility model, a separate right in other countries, and design patents3,5
01

The three US patent types

The USPTO says there are three types of patents: utility, design and plant1.

TypeWhat it protectsTermMaintenance fees
UtilityA new and useful process, machine, article of manufacture or composition of matter, or a new and useful improvement of these (35 U.S.C. 101)2Begins on grant and ends 20 years from the filing date in the United States, or from the earliest filing date of a related application claimed under 35 U.S.C. 120, 121, 365(c) or 386(c) (35 U.S.C. 154(a)(2))6Due 3 years and 6 months, 7 years and 6 months, and 11 years and 6 months after grant. If unpaid within a 6-month grace period, the patent expires (35 U.S.C. 41(b))7
DesignA new, original and ornamental design for an article of manufacture (35 U.S.C. 171)8. It protects only the appearance of an article, not its functional features115 years from grant for applications filed on or after May 13, 2015, and 14 years from grant for earlier applications9None: no fee may be established for maintaining a design or plant patent in force (35 U.S.C. 41(b)(3))7
PlantA distinct and new variety of plant that is asexually reproduced, other than a tuber propagated plant or a plant found in an uncultivated state (35 U.S.C. 161)1020 years from the application filing date in the United States, or from the earliest related application claimed1None7

Both a design patent and a utility patent may be obtained on an article if the invention resides in both its utility and its ornamental appearance3. See Design patent.

02

What a utility patent application has to satisfy

  • Eligible subject matter. The claimed invention must fall within one of the four statutory categories in 35 U.S.C. 101: processes, machines, manufactures and compositions of matter11. Laws of nature, natural phenomena and abstract ideas are not patentable12.
  • Utility. A claimed invention must have a specific and substantial utility that is credible13.
  • Novelty and non-obviousness. The claimed invention must be new under 35 U.S.C. 102 and not obvious under 35 U.S.C. 10318,19. See novelty and non-obviousness.
  • Specification. The specification must contain a written description of the invention and of the manner and process of making and using it, in terms that enable a person skilled in the art to make and use it, and set forth the best mode contemplated by the inventor (35 U.S.C. 112(a))4. Failure to disclose the best mode is no longer a basis on which a claim may be canceled or held invalid or otherwise unenforceable (35 U.S.C. 282(b)(3)(A))20. See Written description requirement and Enablement requirement.
  • Claims. The specification must conclude with one or more claims particularly pointing out and distinctly claiming the subject matter regarded as the invention (35 U.S.C. 112(b))4. See Patent claim.
03

Outside the United States

"Utility patent" is the USPTO's name for one of its patent types. Other systems use different names and different rights.

United States

  • Utility and plant patent applications can be provisional or nonprovisional. Provisional applications may not be filed for design inventions1.
  • The term of a utility patent may be adjusted under 35 U.S.C. 154(b) for certain delays in examination6,14, and the term of a patent claiming a product subject to regulatory review before marketing may be extended under 35 U.S.C. 15617. See Patent term adjustment and Patent term extension.

Europe

  • The EPC does not use the term. European patents are granted for any inventions, in all fields of technology, provided they are new, involve an inventive step and are susceptible of industrial application (Article 52(1) EPC)15.
  • The term of the European patent is 20 years from the date of filing of the application (Article 63(1) EPC)16.

China

  • The Patent Law of the PRC covers inventions, utility models and designs (Article 2)5.
  • The term of an invention patent is 20 years, of a utility model patent 10 years and of a design patent 15 years, each from the filing date (Article 42)5. An invention patent term can be extended to compensate for unreasonable delay in grant and, for new drugs, for marketing approval time (Article 42)5.
04

Utility patent vs utility model

The names are similar, but a utility model is a different right. See Utility model for how it is examined and granted.

AspectUtility patent (US)Utility model (China)
Subject matterA new and useful process, machine, article of manufacture or composition of matter, or improvement of these2A new technical solution proposed for the shape, the structure, or their combination, of a product, which is fit for practical use (Article 2)5
Term20 years from the filing date610 years from the filing date (Article 42)5
05

Questions people ask

Patsnap EurekaEureka IP

Draft and prosecute

Patent Drafting AI Agent

An AI agent that drafts claims and a full specification from a disclosure, with a compliance review before you finish.

Start drafting
Is a utility patent the same as a utility model?

No. A utility patent is a US patent type for processes, machines, articles of manufacture and compositions of matter, with a term of 20 years from filing2,6. A utility model is a separate right in other systems. In China, for example, it covers new technical solutions for the shape or structure of a product and lasts 10 years from filing5.

How long does a utility patent last?

Subject to payment of fees, 20 years from the filing date in the United States, or from the earliest related application claimed under 35 U.S.C. 120, 121, 365(c) or 386(c)6. Maintenance fees fall due 3 years and 6 months, 7 years and 6 months, and 11 years and 6 months after grant, and the patent expires if a fee is not paid within the grace period7. The term may also be adjusted for certain examination delays under 35 U.S.C. 154(b)6,14 and, for some products subject to regulatory review, extended under 35 U.S.C. 15617.

Do design and plant patents need maintenance fees?

No. Under 35 U.S.C. 41(b)(3), no fee may be established for maintaining a design or plant patent in force7. Utility patents do require maintenance fees7.

Can software or a business method get a utility patent?

It depends on the claim. Processes and machines are eligible categories under 35 U.S.C. 10111, but laws of nature, natural phenomena and abstract ideas are not patentable12. In Alice Corp. v. CLS Bank, the Supreme Court held that claims to an abstract idea were not made patent eligible merely by requiring generic computer implementation12.

06

How it connects

Next step

Go from the term to the task

Read how the method works, run it on your own product or idea, then try a free tool.

  • 01 / How-toPatentability search: a practical guideCheck whether an invention is new before you spend on a filing.GuideRead
  • 02 / AI agentNovelty Search AI AgentAn AI agent that searches prior art for your invention and compares each reference with it feature by feature.Patsnap EurekaRun it
  • 03 / Free toolPatent draft style studioRewrite a technical description in claim language.AI resultTry tool
PublishedPatsnap Team
Updated 27 October 2026
Sources
  1. Applying for Patents. United States Patent and Trademark Office (USPTO). Accessed 21 October 2026.
  2. 35 U.S. Code § 101: Inventions patentable. Legal Information Institute, Cornell Law School. Accessed 21 October 2026.
  3. Design patent application guide. United States Patent and Trademark Office (USPTO). Accessed 21 October 2026.
  4. 35 U.S. Code § 112: Specification. Legal Information Institute, Cornell Law School. Accessed 21 October 2026.
  5. Patent Law of the People's Republic of China (as amended up to the Decision of October 17, 2020). WIPO Lex, World Intellectual Property Organization. Accessed 21 October 2026.
  6. 35 U.S. Code § 154: Contents and term of patent; provisional rights. Legal Information Institute, Cornell Law School. Accessed 21 October 2026.
  7. 35 U.S. Code § 41: Patent fees; patent and trademark search systems. Legal Information Institute, Cornell Law School. Accessed 21 October 2026.
  8. 35 U.S. Code § 171: Patents for designs. Legal Information Institute, Cornell Law School. Accessed 21 October 2026.
  9. MPEP 1505: Term of Design Patent. United States Patent and Trademark Office (USPTO). Accessed 21 October 2026.
  10. 35 U.S. Code § 161: Patents for plants. Legal Information Institute, Cornell Law School. Accessed 21 October 2026.
  11. MPEP 2106: Patent Subject Matter Eligibility. United States Patent and Trademark Office (USPTO). Accessed 21 October 2026.
  12. Alice Corp. v. CLS Bank International, No. 13-298 (U.S. June 19, 2014). Legal Information Institute, Cornell Law School (Supreme Court of the United States opinion). Accessed 21 October 2026.
  13. MPEP 2107: Guidelines for Examination of Applications for Compliance with the Utility Requirement. United States Patent and Trademark Office (USPTO). Accessed 21 October 2026.
  14. Managing a patent. United States Patent and Trademark Office (USPTO). Accessed 21 October 2026.
  15. Article 52: Patentable inventions. European Patent Office (EPO). Accessed 21 October 2026.
  16. Article 63: Term of the European patent. European Patent Office (EPO). Accessed 21 October 2026.
  17. 35 U.S. Code § 156: Extension of patent term. Legal Information Institute, Cornell Law School. Accessed 27 October 2026.
  18. 35 U.S. Code § 102: Conditions for patentability; novelty. Legal Information Institute, Cornell Law School. Accessed 27 October 2026.
  19. 35 U.S. Code § 103: Conditions for patentability; non-obvious subject matter. Legal Information Institute, Cornell Law School. Accessed 27 October 2026.
  20. 35 U.S. Code § 282: Presumption of validity; defenses. Legal Information Institute, Cornell Law School. Accessed 27 October 2026.
Disclaimer

General information only. This page explains a term for general information and reference only. It is not legal, accounting, tax or other professional advice and must not be relied upon as such. It does not create an attorney-client or other professional relationship.

Sources and accuracy. Statements on this page are intended to be either general background or linked to a source listed under Sources. The explanations summarize and simplify those sources and leave out detail. Where this page differs from a cited source or from the current official text of a law or standard, rely on that source or text. To the extent permitted by law, this page is provided as is, without any warranty that it is complete, accurate or current, and Patsnap accepts no liability for loss arising from reliance on it. See also Patsnap’s website Disclaimer.

Rules vary and change. The law, standards and practice described here differ between jurisdictions and change through legislation, court decisions and revisions to official guidance and standards. This page was last checked against its sources on 27 October 2026 and may not reflect later changes. Check the current rules and official guidance in each jurisdiction that applies to you.

No FTO or validity opinion. Nothing on this page constitutes a freedom-to-operate, novelty, validity or infringement opinion. Any decision touching a live patent dispute should be verified independently and reviewed with qualified patent counsel.

Cases and records as examples. Court decisions, dockets, agency decisions and official reports are cited to show how a term is used, and are summarized rather than reproduced in full. Nothing here should be read as an assertion that any party infringed, that any patent is valid or invalid, that any settlement occurred, or that any party prevailed, beyond what the cited record or decision itself states.

Third-party names, marks and links. Names of courts, government bodies, parties, people, companies, standards and products appear for identification only. Some of these names are trademarks of their owners; their appearance does not, by itself, imply affiliation with or endorsement by Patsnap. Links to third-party sources are provided for reference, and Patsnap is not responsible for their content or availability.

Patsnap Eureka. Patsnap publishes this glossary and also offers Patsnap Eureka, a commercial product mentioned on this page. Those mentions describe what its tools are designed to do, not what they will find in a particular case. Their outputs are research aids and should be reviewed by a qualified professional before being relied on.

Corrections and requests. If you believe a statement on this page is inaccurate or out of date, use “Share feedback” at the bottom of this page and tell us which statement and why. If you are named on this page, or your concern is about legal rights or personal information, email legal@patsnap.com. We review reports and may correct or update the page.

Patent Drafting AI AgentStart drafting in Patsnap EurekaStart →

Help us improve

Something wrong, out of date, or missing on this page? Tell us and it goes straight to the team that maintains it.