Patent Pending - Laws, Benefits, and Drawbacks
What does Patent Pending Mean?
The term "patent pending" is frequently used, but what exactly does it imply? In this blog, you will learn everything about patent pending statuses!
The term “Patent Pending” is mostly used to imply that the inventor or patent applicant has filed a Provisional Patent Application (PPA). It could also mean that a non-provisional or complete patent application has been filed with the patent office, but that the patent prosecution is still on and that the patent has not yet been issued. The patent-pending notification is intended to alert possible copycats that if and when the invention is approved, they may be sued if they imitate the idea. It also establishes the fact that a patent application has been submitted, giving it priority over any subsequent patent application for a substantially identical invention.
What Protection is “Patent Pending” Capable of Providing?
The patent approval procedure is time-consuming. It usually takes about two years, but it might take up to five years or longer. In the interim, the "patent pending" status provides some protection to the inventor.
A provisional patent's patent-pending status is intended to continue for one year. However, if a patent application is refused and subsequently changed and resubmitted, its usage can be prolonged.
The fact that innovation or invention has a patent-pending status does not imply that it will receive legal protection. The disclaimer is just informative in nature. While your patent application is pending, you cannot sue someone for copying your innovation. You might be able to acquire an injunction to stop the product from being manufactured until the review process is completed and the patent is granted.If someone infringes on your idea by creating, using, or selling your innovation, and the patent is later issued, and you label all of the creations with the phrase "Patent" and the patent number, you can sue the copier for patent infringement.
You can post a notice on your goods and any promotional materials once your patent is pending.
It is legal to put a ‘Patent pending’ status in several situations:
You've applied to the USPTO for a provisional, design, or utility patent.
Within the recent six months, you've received an Office Action from the USPTO.
You've gotten a Notice of Allowance from the USPTO and paid the money, but you haven't yet received a patent.
How to put the patent pending status on goods or products?
There are no defined guidelines for how to indicate that your product is patent pending. Any of the following or similar terms can be used:
U.S. and Foreign Patents Applied For
U.S. Patent Applied For
U.S. Patent Pending
Patent Applied for in the U.S. and Abroad
Patent Applied For
U.S. Pat. Pend.