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By Richard Gearhart
Founding Partner

Patents protect your inventions and give you the right to benefit from your creativity and hard work. One of the key requirements for securing a patent is proving that your invention has a clear and practical use. This idea of “utility” ensures that patents are granted only for inventions that provide real-world value. Demonstrating this usefulness is more than a formality—it’s a step that strengthens your invention’s credibility and protects your rights. When done right, this process can set your invention up for lasting success.

What Is Utility in a Patent?

Utility is a fundamental requirement for obtaining a patent in the United States. It ensures that an invention serves a clear and practical purpose. Under U.S. patent law, utility must meet three specific criteria, which the U.S. Patent and Trademark Office (USPTO) carefully evaluates:

  • Specific utility: The invention must have a defined use, not just a vague or hypothetical purpose.
  • Substantial utility: The invention must have a meaningful real-world application that benefits users or solves a problem.
  • Credible utility: The claimed use must be believable and supported by logic or evidence.

For example, a medical device designed to measure blood pressure would meet these criteria if it functions as described, provides accurate results, and has practical applications in healthcare. Without utility, an invention cannot meet the threshold for patent protection, making it critical to establish this aspect clearly in your application.

How to Increase Utility in a Patent Application

When preparing a patent application, demonstrating utility is key to success. A clear, well-supported explanation of your invention’s usefulness can make the difference between approval and rejection. Here are practical steps to strengthen your application:

  • Define a specific purpose: Clearly outline what your invention is designed to do. Avoid vague or overly broad descriptions that might confuse the examiner.
  • Provide real-world applications: Show how your invention can be used in practical scenarios. Including examples of its functionality helps establish its substantial utility.
  • Include supporting data: If applicable, provide data, research, or test results demonstrating your invention’s effectiveness. For example, a prototype or study results can validate its usefulness.
  • Align claims with description: Ensure that the invention’s claims match the purpose described. Inconsistencies can raise questions about its utility.
  • Explain technical aspects clearly: Use straightforward language to describe how the invention works and why it’s useful. Avoid unnecessary jargon that might obscure its value.

By thoroughly addressing these elements, you create a compelling case for your invention’s utility. We can help refine your application, ensuring it provides the clarity and detail needed to satisfy the USPTO’s standards.

Common Mistakes Inventors Make with Utility

Many inventors unintentionally make errors when addressing the utility requirement, leading to delays or rejections. Understanding these common pitfalls can help you avoid them:

  • Vague or undefined use: Failing to clearly explain how the invention will be used. A generic or overly broad description often raises red flags for examiners.
  • Speculative claims: Stating potential uses without supporting evidence or logical explanations. The USPTO requires credible and specific applications for an invention to qualify.
  • Lack of supporting evidence: Not including data, examples, or details that demonstrate the invention’s real-world functionality.
  • Overly broad applications: Claiming utility in too many areas without focusing on the invention’s primary purpose, which can make the application appear unfocused.
  • Misalignment between claims and description: When an invention’s claims don’t match its described use, confusion about its utility results.

Avoiding these mistakes requires careful preparation and attention to detail. We can guide you in crafting a patent application that clearly demonstrates your invention’s usefulness, reducing the risk of costly setbacks. Addressing these issues early ensures your application has the best chance of approval.

Contact Our Experienced New Jersey Patent Attorneys

Establishing utility is a critical step in securing patent protection. By ensuring your invention has a clear, practical purpose and addressing potential pitfalls early, you can avoid delays and strengthen your application. At Gearhart Law, we are dedicated to helping you protect your innovations with confidence. If you’re preparing a patent application or need guidance on demonstrating utility, contact us today. Let’s work together to protect your ideas and bring them to life.

About the Author
Richard Gearhart, Esq. is the founder of Gearhart Law and the host of a weekly radio show for entrepreneurs called “Passage to Profit”. He has built a firm with an international presence that helps entrepreneurs from around the world with their patent, trademark and copyright needs. Richard commands a breadth of experience that comes from nearly 30 years of practice in the writing and prosecution of hundreds of patents, and in all aspects of Intellectual Property law. In 2022, Richard was recognized by ROI New Jersey as a 2022 ROI Influencer in the Law List category for being one of the best of the best in New Jersey for intellectual property law. Gearhart Law emerged from Richard’s passion for entrepreneurship and startups and his belief that entrepreneurship grows the economy and creates jobs. When we started Gearhart Law, our goal was to help and support the new business ventures of 500 entrepreneurs and inventors. After 12 years, the firm has far surpassed this goal; today, we look forward to helping even more inventors and entrepreneurs get off to a great start and reach their own goals.