The main type of patent, a utility patent, covers inventions that function in a unique manner to produce a utilitarian result. Examples of utility inventions are Velcro® hook-and-loop fasteners, new drugs, electronic circuits, software that is tied to some form of hardware, semiconductor manufacturing processes, new bacteria, newly discovered genes, new animals, plants, automatic transmissions, Internet techniques and methods of doing business (provided physical things are involved), and virtually anything else under the sun that can be made by humans. To get a utility patent, one must file a patent application that consists of a detailed description telling how to make and use the invention, together with claims (formally written sentence fragments) that define the invention, drawings of the invention, formal paperwork, and a filing fee. Sometimes the state of the art, rather than the nature of the novelty, will determine whether a design or utility patent is proper for an invention. If a new feature of a device performs a novel function, than a utility patent is proper. According to the USPTO in 2009, there were 456,106 utility patent applications. Patent law is designed to promote innovation in "science and useful arts." It's right there in the first Article of the Constitution: in order to be patentable, an invention needs to be useful in some way. Utility patents expire 20 years from the date of filing.

Ask yourself? Which side of the game do you want to be on? Do you want to be remembered as the executive who failed to recognize the business opportunity staring you in the face? Or do you want to be remembered as the visionary who executed and altered your company forever? The choice is yours.

Although, the length of utility and plant patent protection (patent term) was previously seventeen years from the date of patent grant, utility and plant patents filed after June 8, 1995 now have a patent term of up to twenty years from the date of filing of the earliest related patent application. Utility and plant patents which were applied for prior to June 8, 1995, and which were or will be in force after June 8, 1995, now have a patent term of seventeen years from the date of patent grant or twenty years from the date of filing of the earliest related patent application, whichever is longer. Utility patents are subject to the payment of periodic maintenance fees to keep the patent in force. Patent terms can be extended under some specific circumstances. See the U.S. Code Title 35 - Patents for a full description of patent laws.

Resources are limited. Which patents should we maintain? Should we maintain international fees? Which patents pay the best royalties? Such questions are essential to perform IP audits consistently. A major limitation to make this happen is the lack of organization. With IP Street, we can help you quickly and easily search your universe of patents to get your 'House in Order.' Our patent search tools will assist you significantly.

In your written patent application you must fully describe your invention to such a degree that a person skilled in the same field as the invention could make or use that invention. A person skilled in the same field as the invention should be able to read your patent application and understand it. The inventor must be able to make claims about his/her invention in clear and definite terms.The part of a patent application that describes and reveals your invention is called the specification and includes various types of descriptions, claims, and drawings depending on the type of invention and type of patent involved. Remember, ideas alone cannot be patented. In other words - you can't just write, "I have an idea for a new alarm clock." You must be able to describe how your alarm works so that an expert in alarm clocks would understand how it would work and that it would indeed work. It's like a recipe ... a good cook should be able to produce your invention based on your patent. As a novice, to file your first patent application yourself is often unwise. However, you could write your own descriptions and then pass them over to your attorney. The attorney could use your writings as a guide and a time-saver, and that will save you money. You should present your inventor's logbook, prototype, and any prior art searches to the attorney. You must write a complete and thorough description of your intellectual property as you cannot add any new information to your patent application once it is filed. You can only make changes to the subject matter that could be reasonably inferred from the original drawings or description.