Last updated: August 17, 2026

What Are Utility Patents?

U.S. utility patents are issued for the invention of a "new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof." It generally permits the utility patent owner to exclude others from making, using, or selling the invention for a period of up to 20 years from the date of patent application filing, subject to the payment of maintenance fees. Approximately 90% of patent documents issued by the USPTO are utility patents.

Comparing a "utility patent" with a "design patent," a utility patent protects the way an article is used and works, while a design patent protects the way an article looks. Both design and utility patents may be obtained on an article if the invention is unique in both its utility and ornamental appearance. For further explanation on different patent types, see Patent Rights Overview.

Three main factors are considered as to whether an invention has "utility":

Operability. The invention must actually work. The operability of an invention is usually uncontested.
Beneficial use. According to the Federal Circuit, "[t]he threshold of utility is not high: An invention is 'useful' under section 101 if it is capable of providing some identifiable benefit."
Practical use. In other words, the invention can be applied in the real life situations.

As shown above, there is not much rigidity on what constitutes an invention with utility. For a utility application to be approved, it would be wise to focus on tackling novelty and non-obviousness instead.

Torrey Pines Law Group, PC serves technology innovators with protecting intellectual property, obtaining regulatory approvals and clearances, and making deals and closing technology transactions throughout the U.S., including in major technology hubs such as San Diego, San Francisco, Palo Alto, San Jose, Silicon Valley, Boston, Cambridge, Chicago, Minneapolis, Houston, Dallas, Atlanta, Denver, Seattle, Portland, Boulder, Orlando, the Research Triangle (Raleigh, Durham, and Chapel Hill), the Mid-Atlantic (New Jersey, New York, Philadelphia, Maryland, Virginia, and Washington, DC), Pittsburgh, Cleveland, Ann Arbor, and throughout Southern California in Los Angeles, Orange County, Irvine, Torrey Pines, Sorrento Valley, and La Jolla.

We have experience with international intellectual property, regulatory and transactional matters pending in Beijing, Shanghai, Shenzhen, and Guangzhou China; Tokyo, Japan; Berlin, Munich and Frankfurt Germany; Tel Aviv Israel; Mumbai, Bengaluru, and New Delhi India; London and Edinburgh United Kingdom; Vancouver, Toronto, Calgary and Montreal Canada; Dublin, Ireland; Cape Town, South Africa; Mexico City and Tijuana Mexico; Brussels, Belgium; Copenhagen, Denmark; Paris, France; Madrid and Barcelona Spain; Moscow, Russia; Santiago, Chile; Montevideo, Uruguay; Buenos Aires, Argentina; Sao Paulo and Rio de Janeiro Brazil; Seoul, South Korea; Taipei, Taiwan; Hong Kong; Hanoi, Vietnam; Bangkok, Thailand; Kuala Lumpur, Malaysia; Milan, Italy; Singapore; Sydney, Melbourne, Perth and Adelaide Australia; Auckland, New Zealand; Oslo, Norway; Stockholm, Sweden; Helsinki, Finland; Kiev, Ukraine; Budapest, Hungary; Vienna, Austria; Prague, Czechia; Geneva and Lausanne Switzerland; Bahrain; Doha, Qatar; Abu Dhabi and Dubai UAE; and Jeddah, Saudi Arabia.

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