If you are an inventor looking at applying for your first patent, chances are you will be seeking what is known as a "utility patent."?

Also known as a "full utility"? patent or a "concept"? patent, the utility patent represents over 85% of the approximately 3,500 patents issued by the United States Patent and Trademark Office (USPTO) every week.

Like the other two categories of patents (design and plant), the utility patent does three basic things:

" It requires novelty, usefulness and non-obviousness;

" It excludes anyone else from making, using or selling your invention for a certain number of years; and

" Once it expires, it allows other parties than the patent holder to produce and sell the product.

If you are applying for a utility patent, your invention must fit within one of four categories:

" apparatus

" method or process

" composition of matter, or

" article of manufacture.

The U.S. government considers an apparatus to be a device with moving parts. Things like electric pencil sharpeners, fax machines, blenders and even the infamous mousetrap fall into this category. An apparatus can be completely original, or it can simply combine two or more existing products that result in a new use.

Are you a chemist who has invented a new chemical process or, perhaps, a computer professional who has written a new software program? If so, your product would fall into the method or process category which covers anything that describes a process from start to finish.

If someone asked you what a new prescription drug and cleaning solutions have in common, would you know the answer?

Both fall into the composition of matter category for utility patents. Unique formulas for everything from film processing solutions to biotechnology to lower-cholesterol butter can be protected through utility patents.

If you look around your home or office, you will quickly see many products which fall into the fourth utility patent category, article of manufacture.

Look in the silverware drawer. Knifes, forks and spoons all fall into this next category. Take a look at the items on your desk. You'll find paperclips, letter openers and the plastic cover for your PDA. Visit your bathroom, and you will notice things like combs, tooth brushes and soap dishes.

So, what do all of these things have in common?

None of them have moving parts. And, if you have improved or redesigned any of these items, your patent application will specify them as articles of manufacture.

Once granted, the utility patent provides you 20 years from date of application to "produce, promote and profit from your unique idea"?.

One caveat: In order to assure your rights, you must be sure all maintenance fees are paid during the 20-year life of your patent.

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