A utility patent application - also called a non-provisional patent application - protects a product's use or function. It may be filed directly, or as a follow-up application to a provisional patent application.
After filing a utility patent application, the Applicant will receive a response from the U.S. Patent Office indicating whether or not the Office believes the invention to be patentable. The Attorney, after consultation with the client, will make arguments on behalf of the invention and often amend the claims to move the case forward to securing patent protection. The Claims section of a patent defines the boundaries of what the patent holder owns.
A valid utility patent may be assigned (sold) for a fixed amount or licensed (rented) for a royalty stream.