A utility patent can be granted to each person who invents or discovers any new and useful method, system, article of manufacture or composition of count or any new or beneficial improvement. In other words, a utility patent is an extraordinary proper granted for an invention, which permits the proper holder to prevent others from commercially the usage of the blanketed invention without his authorization for a confined period of time. These also are called 'petty patents' or 'innovation patents' or 'minor patents' or 'small patents'.

No longer all international locations offer the utility patent protection. India is considered one of them. In India the provision associated with application patent grant isn't present. Some of the international countries providing utility patent safety are Brazil, China, Greece, Georgia, Italy, Japan, Korea, Kuwait, Malaysia, Spain, Portugal, UAE, Poland, Peru etc.

Salient features of the utility patent are as follows:

1. Utility patents confer specific safety rights for the product and not technique.
2. Novelty is a norm however the requirements of novelty are exceptional in extraordinary jurisdiction for application patents.
3. The standards of non-obviousness and inventive step are a lot lower and range in keeping with the jurisdictional area.
4. Utility patents are greater appropriate for incremental invention.
5. In maximum of the jurisdictions simplest an initial procedural examination is needed for the furnish of application patents. There is no important exam for software patent furnish.
6. The Rights conferred for the application patents are similar to those granted via patent legal guidelines however have a shorter time period.
7. The span of safety commonly varies from 6-15 years; contrary to patents in which the term of protection is twenty years.
8. Application patents are inexpensive to preserve and attain.
9. The length of registration of application patents is less in comparison to patents given that in maximum of the jurisdictions the programs for software patents aren't examined prior to registration.

 Utility patent protection in India: India does not provide protection beneath software patents, consequently the Indian groups and start-up’s which are looking for application patent protection can practice within the above noted countries simplest. India too requires application patent safety provision due to its several features stated above. Apart from the ones application patent protection also blessings small and medium business enterprise corporations considering the fact that they lack price range for undertaking exams & trials and paying hefty patent charges. An estimate indicates that there are more than 48 million SMEs in India imparting employment to billions of people. For such SMEs application patent safety can show to be a boon, on account that they fail to protect their innovations and subsequently go through losses in terms of business increase. Utility patent protection proves to be an effective protect for protection of inventions of MSMEs. This could further improve the commercial enterprise boom for MSMEs and would further act as an encouragement to the MSMEs beneath the 'make in India' initiative of government of India. All in all this is the most vital type of patent, and as a result calls for quite a few talents in drafting and prosecution of the patent software before a patent workplace.