Key Takeaways

  • Engineering patents & inventions protect innovations that are novel, non-obvious, and useful, granting exclusive rights for a limited time.
  • Patent disclosures must include clear descriptions and drawings so others can understand and reproduce the invention.
  • Patent claims define the scope of legal protection and are critical in infringement disputes.
  • Provisional patents provide temporary, low-cost protection but must be converted into utility patents within a year.
  • Engineers should strategically use patents to safeguard commercial value, prevent infringement, and attract investors.
  • Patentability searches and documentation practices are essential before filing to avoid wasted time and costs.
  • Many engineering patents, from the telephone to GPS and Bluetooth, have fundamentally reshaped industries and daily life.

What Every Engineer Needs to Know About Patents

Engineering patents are legal agreements made between engineers and the federal government to allow the creator of a product or an idea the ownership of said invention for a period.

Many believe that a patent allows its creator to put his or her invention into practice, but this is not the case. It just keeps others from being allowed to use the protected invention.

To have a patent approved, the invention must follow these rules:

  • It needs to be new and original.
  • It cannot be an "obvious" invention (something that anyone could figure out).
  • It must be useful, with a practical application.

Frequently, a patent is actually a form of improvement on another pre-existing invention. Therefore, to put it into practice with the intent to sell a product, a license for the original invention must be obtained.

Patentability and Prior Art Searches

Before pursuing an engineering patent, it is essential to conduct a prior art search. This process helps determine whether your invention is truly novel or if similar solutions already exist. Engineers often rely on the USPTO database or international patent repositories for this step. While inventors can perform an initial search themselves, professional patent attorneys or agents provide more thorough results by using advanced search strategies. Identifying prior art early prevents wasted resources on applications that would likely be rejected.

Disclosing the Patent

A utility patent is a document that describes how to use or manufacture the invention along with a bundle of claims regarding the patent. 

The disclosure or patent description should feature sketches of the invention, showcasing the ways it will improve upon the current way of doing things or the existing product. 

Disclosures should include:

  • A written description and detailed explanation of the drawings of the invention.
  • A clear drawing (or drawings) showcasing the ingenuity of the invention.

Providing a clear description, drawing, and explanation of the product is vital to making sure the invention is used and manufactured properly. The disclosure provides a reference for other engineers.

Best Practices for Engineering Disclosures

When drafting a disclosure for engineering patents & inventions, clarity and precision are critical. Effective disclosures should:

  • Use technical drawings, diagrams, or schematics to demonstrate how the invention works.
  • Clearly define each component and its function in the system.
  • Avoid vague terms—precision ensures that the invention is reproducible and defensible in court.
  • Include potential variations and alternative designs, which may help strengthen future claims.

Poorly written disclosures are a common reason patents are rejected or challenged. Working with a patent attorney can ensure the documentation meets USPTO standards and withstands litigation.

Claims on the Patent

Claims on patents are one of the most important parts of the application or document. These lay out the coverage of the patent. This is where to look if one is trying to decide whether to sue an inventor or a manufacturer.

Changes cannot be made to any aspects of the invention that relate to its ingenuity or basic features. If something must be added to the invention, the patent has to be filed a second time as a CIP application (continuation-in-part) and the new filing date applies. 

If needed, an attorney would be happy to help prosecute a patent, which shouldn't be done alone. Patent attorneys are prepared to help with most industries. However, individuals will want to find someone who truly understands their company, inventions, and field of work. 

Saving money is always important, and legal help with patents can become costly. However, obtaining the right protection for one's intellectual property is priceless. It's important to find the best help, not just the cheapest. 

Types of Engineering Patents

Engineering patents typically fall into several categories, each serving a different purpose:

  1. Utility Patents – Protect functional aspects of machines, systems, or processes. Most engineering patents fall into this category.
  2. Design Patents – Cover the ornamental or aesthetic aspects of an engineered product. For example, the casing of a smartphone or the shape of a drone.
  3. Plant Patents – Rare in engineering, but relevant for bioengineering projects involving new plant varieties.

Choosing the right type of patent ensures that the invention receives the strongest and most appropriate protection.

Provisional Patents

Provisional patents are a big part of the intellectual property or "IP" world. However, they are not the same as a full patent. Inventors can obtain a provisional patent to protect their ideas for as long as a year, but they do expire. Once they expire, they can be turned into a utility application noting that the product is prepared for use. 

Many engineers make the mistake of only obtaining a provisional patent, but never fully protecting their IP. Once you've filed a provisional application, the patent application date is solidified. 

The Patent Filing Process for Engineers

Engineering patents & inventions follow a structured filing process:

  1. Documentation – Maintain a detailed inventor’s notebook, with dates, sketches, and development notes. This can serve as crucial evidence in disputes.
  2. Provisional Filing – Offers a 12-month “holding period” to refine the invention and secure funding.
  3. Utility Patent Filing – Must include a formal application with claims, drawings, and fees.
  4. Patent Examination – A USPTO examiner reviews novelty, usefulness, and non-obviousness. Rejections may require amendments or appeals.
  5. Grant and Maintenance – If approved, patents last up to 20 years from the filing date, with periodic maintenance fees due.

Understanding each step helps engineers avoid costly mistakes and delays.

How to Use a Patent

When an engineer files a patent, that specific date is considered the date of the invention, legally, thanks to the America Invents Act.  

Patents should only be filed in the country in which the invention is intended for use. Litigation in foreign countries can get very expensive for an engineer or an inventor. 

After a patent is filed, the products it is meant to cover should be labeled "patent pending" to show customers and competitors you are in the process of protecting this product. Be sure to only use this label if you have filed an application or a have a provisional patent. An inventor can be fined for improper or misleading use of the mark. 

Be sure to include the patent numbers on any products or services so everyone is made aware of the protection and to help you be able to prosecute infringement in the future. 

If you've decided that someone is infringing on your product and IP, you should:

  • Not contact the suspect in the infringement directly.
  • Not wait too long to act against the infringer (this could hurt you chances of collecting the full damages that are owed).
  • Find a lawyer to help you protect your IP and enforce the patent. 

To be sure you have all the information you need about patents, visit the USPTO website. 

Impact of Engineering Patents on Innovation

Engineering patents & inventions have shaped industries and transformed society. For example:

  • Telephone (Alexander Graham Bell, 1876) – Revolutionized communication.
  • Airplane (Wright Brothers, 1906) – Changed transportation and defense.
  • GPS (U.S. Department of Defense, 1978, later civilian use) – Enabled navigation across industries.
  • Bluetooth (1990s) – Redefined wireless connectivity.
  • 3D Printing (1980s patents) – Sparked a new era in manufacturing.

These patents demonstrate how protecting engineering inventions not only rewards inventors but also accelerates technological advancement.

Frequently Asked Questions

1. What makes an invention patentable for engineers?

It must be novel, non-obvious, and useful, with a clear practical application.

2. How long do engineering patents last?

Utility patents typically last 20 years from the filing date, while design patents last 15 years.

3. Should engineers file a provisional patent first?

Yes, provisional patents offer low-cost, temporary protection and secure a filing date before moving to a utility patent.

4. Can I patent improvements to existing engineering inventions?

Yes, many patents are filed for improvements, but you may need a license if the base invention is still protected.

5. Why are patent claims so important?

Claims define the legal scope of protection and are the first section courts and competitors examine in disputes.

If you need help with an engineering patent, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.