Key Takeaways

  • Mechanical engineering patents protect devices, processes, and designs in industries ranging from automotive to consumer goods.
  • Filing a mechanical patent application requires novelty, utility, and non-obviousness, with clear claims and drawings.
  • A thorough prior art search is critical to avoid rejection and strengthen the scope of protection.
  • Drafting strong claims with precise language and detailed diagrams helps prevent competitors from exploiting loopholes.
  • Classification systems like USPC, IPC, and ECLA guide how mechanical patents are organized and searched globally.
  • Inventors should evaluate whether utility or design patent protection best suits their mechanical invention.
  • Working with a qualified attorney improves chances of approval and ensures compliance with USPTO requirements.

Mechanical Engineering Patents

Mechanical engineering patents have been around since the beginning of civilization. Whether it began with the use of hand tools, eventually leading to heavy machinery and equipment, and even appliances, mechanical engineering has been in existence for a long time. More specifically, this type of engineering deals with anything from the use of machinery and designing certain processes to the mass production of commercial and domestic products. All such products need mechanical engineering. And with mechanical engineering, patent protection is a must.

Types of Mechanical Patents

Mechanical engineering inventions can qualify for several forms of patent protection depending on their function and design:

  • Utility Patents: Cover new and useful processes, machines, or improvements to existing devices. Most mechanical patent applications fall under this category.
  • Design Patents: Protect the ornamental or aesthetic aspects of a mechanical product rather than its function.
  • Provisional Patents: Offer a lower-cost, temporary filing option that secures an early filing date while giving inventors up to 12 months to file a non-provisional patent.

Choosing the right type of patent is critical to ensuring the strongest protection for your mechanical innovation.

History of Mechanical Engineering Patents

  • Ford Motor Company and General Electric are two of the most popular companies that hold a significant amount of patents supporting their businesses.
  • General Electric not only holds patents in the U.S. but worldwide, particularly in India.
  • Companies who have created products over the years hold what are called ‘legacy patents,’ which include items like the sewing machine, typewriter, the pistol, and the printing press.
  • Patents that were obtained between 1800 and 1900 were mostly mechanical engineering-related. During this time, automobile makers like Ford, Dodge, and General Motors, all designed models specific to their businesses.
  • Mechanical engineering includes automotive engineering and R&D expenditure.
  • Larger companies that operate over a wide variety of industries obtain more mechanical engineering patents than businesses focusing in one specific area.

How to Search Mechanical Engineering Patents

If you have a new design, process, or invention and you need to search for mechanical engineering patents, keep in mind that it can take some time. You’ll need to learn the entire search process and spend a good deal of your time analyzing the results.

Step 1. Write down the search results. Not only will you want to write them down, but you’ll want to keep all records from your searches, i.e., document numbers, application documents, etc. You also want to keep in mind the date/time you ran your searches.

Step 2. Conduct both a keyword and comprehensive patent search way, you’ll run a keyword search, but follow it up with category and sub-category searches to ensure that you have exhausted all of your options when searching.

Preparing a Mechanical Patent Application

When drafting a mechanical patent application, clarity and precision are key. Applicants should include:

  1. Detailed Written Description – Explain how the invention works, highlighting unique mechanical features.
  2. Technical Drawings or Schematics – Provide multiple views (front, side, cross-section) to illustrate moving parts or assembly.
  3. Claims – Draft broad enough to deter competitors but narrow enough to meet USPTO requirements.
  4. Background and Prior Art – Show how the invention improves upon existing technology.

Poorly drafted claims or incomplete diagrams are among the top reasons mechanical patent applications are rejected.

Improving Your Product

You’ll first need to have some knowledge in the industry. You might have an invention but no common knowledge of that particular industry or area. Do your research online.

You might also want to find out if the public needs what you have just invented. Look for those utility patents on certain inventions regarding technological areas to find out the appetite for it.

Look online for pictures under the appropriate design class that you believe your mechanical engineering creation will fall under. To do this, look in the design database, which is published separately from the utility patent database.

Most mechanical engineering patents include a combination of text and illustrations, and it is important to have both items flow well with one another in your patent application. Therefore, before you submit your own application, do your homework by reviewing other similar applications that provide both text and pictures.

Common Challenges in Mechanical Patent Applications

Inventors often face specific challenges when seeking mechanical patents:

  • Obviousness Rejections: Examiners may argue that the invention is an obvious combination of prior art. Overcoming this requires demonstrating unexpected advantages.
  • Functional vs. Structural Claims: Many mechanical inventions rely on how parts interact, so claims must define both form and function.
  • Enforceability Concerns: If claims are too narrow, competitors can design around the patent. If too broad, they may be rejected.

Addressing these issues during drafting and consultation with a patent attorney helps secure stronger protection.

Other Items for Consideration

  • U.S. patent classification codes (USPC) are applicable only to U.S. patents.
  • European classification codes (ECLA) are applicable to European patents.
  • Section F of the ECLA is applicable to only mechanical engineering.
  • International Patent Classification (IPC) are codes that are managed by the World Intellectual Property Organization (WIPO) and are now generally applied to patents by various patent offices worldwide.
  • IPCs can also be used to search the patent databases.
  • F-terms and F-Index are applicable to Japanese patents. This system includes themes and associated terms within each theme to differentiate each categorization of patents. Each theme has various viewpoints, which describe the different aspects of each invention.
  • The USPC, however, doesn’t use themes. Instead, it uses categories that are further divided into sub-categories.
  • While different countries utilize different methods for classification, the Japanese Patent Office (JPO) use of themes and terms helps those searching since they can focus on specific terms and identify key patents rather than searching by keyword or trying to search through several patents in a sub-category.
  • Another helpful search method is to first focus narrowly on your search and then broaden your search each and every time. That way, you cover all different ways to search and ensure that you did the necessary research before drafting a patent application for submittal.

International Considerations for Mechanical Patents

Mechanical engineering patents often have commercial potential worldwide. Inventors may consider:

  • Patent Cooperation Treaty (PCT): Enables one filing that can later be pursued in over 150 countries.
  • Foreign Filing Deadlines: Typically, applicants must file abroad within 12 months of the U.S. filing date to claim priority.
  • Regional Systems: Europe uses the European Patent Office (EPO), while Japan uses its own JPO classification systems.

International filing adds complexity, but it can be essential for products intended for global markets.

Frequently Asked Questions

  1. What qualifies as a mechanical invention for a patent?
    Any device, machine, or process with moving parts, mechanical interaction, or unique structural design may qualify if it meets novelty, utility, and non-obviousness standards.
  2. How long does a mechanical patent last?
    Utility patents typically last 20 years from the filing date, while design patents last 15 years from issuance. Maintenance fees apply for utility patents.
  3. Do I need drawings in a mechanical patent application?
    Yes. Diagrams and schematics are essential in mechanical patents to demonstrate how components work together.
  4. Can I file a provisional mechanical patent application?
    Yes. A provisional application secures your filing date and gives you 12 months to prepare a full non-provisional application.
  5. Should I hire an attorney for a mechanical patent application?
    While it’s possible to file without one, a patent attorney significantly increases approval chances by ensuring claims are strong, clear, and enforceable.

If you need help searching for mechanical engineering patents or want to learn how to patent a mechanical engineering-related product or process, 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.