Utility Patents:
Protect How It Works
A utility patent is the strongest form of patent protection available. It prevents competitors from making, using, or selling your invention without authorization. Eric Karich has filed 1,000+ utility patent applications with a 90% allowance rate - surpassing every major IP firm on record.
The strongest IP protection available
A utility patent covers the creation of a new or improved product, process, machine, or method. This includes software, AI systems, methods of doing business, and the full range of new and useful inventions. A utility patent prevents competitors from making, using, or selling your invention without authorization for up to 20 years from the filing date.
To qualify, an invention must meet two core requirements: it must be novel (not done before, anywhere in the world) and non-obvious (not an obvious modification of what already exists). Both standards are assessed by a USPTO Patent Examiner during prosecution.
The scope of protection is determined entirely by the language of the Claims. A well-drafted application with broad, strategically written claims is the difference between a patent that blocks competitors and one that is easy to design around.
Protection that pays for itself
Block Competitors Legally
A utility patent gives you the right to exclude others from making, using, or selling your invention. This is not a threat - it is a legal tool that courts enforce.
Protect Profit Margins
Without a patent, competition drives price to cost. With one, you maintain pricing power. The average utility patent pays back its filing cost many times over in protected revenue.
Raise Investor Confidence
Investors ask about IP defensibility. A filed utility patent application signals that you have protectable technology and have taken the steps to secure it before others do.
Global Enforcement Options
A US utility patent can be the anchor for an international filing strategy via the PCT. Protection in 30+ countries is achievable from a single US application.
20-Year Exclusivity Window
From filing date to expiration is 20 years. A well-maintained utility patent portfolio compounds in value as additional improvements are filed around it.
Collect Damages for Infringement
Patent holders are entitled to monetary damages when infringement is proven. This includes lost profits, reasonable royalties, and in willful cases, treble damages.
From idea to issued patent: five stages
Before filing, a prior art search identifies existing patents, publications, and products that could affect patentability. A professional patentability search costs approximately $1,200 and enables Eric to write the broadest and strongest claims possible.
An infringement search may also be appropriate if you are launching into a competitive space and want to ensure your product does not infringe an existing patent. This is a separate, more expensive analysis but can prevent costly problems after launch.
Eric drafts the full application: detailed specification, drawings, and claims. The most important element is the Claims. Claims define the exact legal scope of protection - too narrow and competitors design around them easily; too broad and they fail examination.
You will complete a detailed disclosure questionnaire covering every aspect of the invention, including alternative embodiments and anything that distinguishes it from existing products. The more specific your disclosure, the stronger the resulting claims.
All parties have an ongoing obligation to disclose known prior art to the USPTO via an Information Disclosure Statement. Failure to disclose known prior art can invalidate the patent.
After filing, a USPTO Patent Examiner reviews the application. Examination typically takes 12 to 24 months. The first Office Action is almost always a rejection of at least some claims - this is normal and expected.
Eric responds to each Office Action, arguing for the broadest claims and amending where necessary. Budget $1,000 to $3,000 for prosecution responses. Stronger, broader claims typically require more rounds of argument. In rare cases, prosecution advances to the Board of Patent Appeals.
Once the USPTO allows the application, a government issue fee is due within three months. This is also the last opportunity to file continuation applications that claim additional features or broader protection.
Eric recommends keeping at least one continuation pending if budget allows - it preserves the ability to pursue broader claims later and adapts to product changes. The registration document is issued electronically approximately three months after the issue fee is paid.
Maintenance fees are due at 3.5, 7.5, and 11.5 years from the grant date. Missing these fees causes the patent to expire prematurely. Eric dockets reminders for all clients and keeps you current on every upcoming fee obligation.
Be alert to scam notices from third parties requesting payment for maintenance fees. All legitimate correspondence regarding your application and fees comes directly from Karich and Associates.
Utility patent FAQs
Answers to what most inventors ask before starting the process. More detail is on the Patent Types and Costs page.
Ready to file
your utility patent?
Book a free 30-minute strategy call with Eric. He will review your invention, tell you whether it qualifies, and give you a precise cost estimate. No pitch. Just a clear plan.
