Patent Publication Type Grant: Everything You Need To Know

A patent publication type grant means that your patent application has been accepted by the USPTO for a utility or design patent.3 min read

A patent publication type grant means that your patent application has been accepted by the United States Patent and Trademark Office (USPTO) for a utility or design patent. This indicates that you have successfully answered all office actions submitted by the agency and will be granted a patent. This is sometimes called a letters patent or issued patent. The patent gives you the right to seek legal action against others who infringe on the protected invention. Patent applications are subject to detailed investigation by examiners before these rights are granted or denied.

Applying for a Patent

If you have an invention, you can file a non-provisional or provisional application for patent protection with the USPTO. The difference depends on the amount of information you want to disclose about your invention. If you file a provisional application, you have a year to provide complete disclosure about your invention, after which point the application will become non-provisional.

During the application process, you do not have the rights of a patent holder and may not prevent third parties from using or making the invention through legal action. In this phase, your application will be assigned a tracking number used by the USPTO. This is a two-digit number, typically 09, 10, or 11, followed by a hash mark and another six-digit number.

Utility Patents

This category makes up 90 percent of patents granted. This type of patent protects an invention's functional components. Some types of inventions covered by utility patents include:

  • Compositions
  • Processes
  • Machines
  • Methods
  • Manufactured items with a specific use
  • Improvements to any of these items

When reviewing a utility patent, examiners consider whether the function of the invention is specific, novel, and not obvious to someone with reasonable skill and knowledge in the industry in question.

After filing your utility patent application, you can mark your invention with patent pending to provide a disclaimer. Third parties who use a patent-pending invention may be subject to damages if the patent application is successful. When your patent is issued, you have the legal right to sue others who use, distribute, sell, or make your invention without permission.