The patent pending meaning is a common concern among inventors and businesses wanting to protect their innovations. We have successfully secured over 2,000 patents for our clients. With this knowledge, we’re going to explain what does the term patent pending means, so you’ll understand how this status affects your legal protection.
Patent Pending Meaning in Business
The term patent pending refers to the status of pending patent applications that have been filed, although not yet granted by the United States Patent and Trademark Office (USPTO). This intermediate stage of intellectual property protection allows inventors to market their inventions as “patent pending” while the application is under review.
By the time the USPTO does grant your patent application, you will have a foothold in the market for your inventions. Eventually, you’ll be able to capitalize on that and pursue legal action for any infringers from a stronger setting in the marketplace.
| Aspect | Details |
| Legal status | Provides some legal rights, yet less rights compared to those with conferred patents |
| Requirements | Must have an application on file with the USPTO |
| Duration | Typically lasts from the application filing date until patents are given or rejected |
| Geographic scope | Only applies in countries where the application is submitted |
| Rights | Allows use of “patent pending” on products/marketing materials |
| Common use | Often seen on new products or in marketing materials |
| Benefits | May deter competitors and establish a priority date |
| Limitations | Does not guarantee that patents will be conferred |
| Next steps | Await Patent Office examination and respond to any office actions |
Purpose of the Patent Pending Application
After the patent application has been submitted to the USPTO, patent pending means that the companies that put products on the market have decided to start producing and selling inventions, ideas, or products. Consequently, inventors or businesses will gain these advantages.
Patent Application Priority Date
Filing a patent application for your invention is an important step as it establishes what is called your “priority date”. When you file your application, the filing date of your application establishes your priority toward getting patents.
Most patent offices follow a first-to-file system, prioritizing earlier submissions. However, keep in mind that you won’t be able to sue others for patent infringement until you receive active patents.
As the initial applicant, this priority is what makes most companies feel safe enough to release their products. It means that if anyone else puts out a product in the market that is similar to your work, you would have priority for it over them.
Patent Pending Notices and Provisional Applications From the Patent Office
Pending designates that there are applications submitted for underlying inventions to the USPTO. Both provisional and non-provisional patent applications can grant the status to the underlying application.
The notice is commonly seen on marketed products, packaging, or company websites. This phrase indicates that an application has been filed for an invention, though it’s not legally required. In some jurisdictions, it can signify a provisional application.
Filing for patents allows inventors to use the notice in connection with their inventions. This provides an early effective filing date and potential legal protection. However, note that taking legal action based solely on status may be limited, as full rights are typically conferred only after approval.
Legal Rights
Because patent applications with the USPTO can sometimes take years to be processed, the patent pending language helps establish legitimacy for your creation. It can help signal to the public that you are claiming certain legal rights to inventions, ideas, substances, processes, or methods.
It can demonstrate to others that you are the initial inventor of the product and that you will be the go-to source for the invention. People may be more inclined to purchase your creation because they consider it superior and more advanced compared to anything else that may be available.
Selling Rights
Claiming a pending status for your work does not actually grant you any legal protection over your invention. That being said, you know that not much is going to happen with your idea unless you get it out in the marketplace.
The pending status still signifies that you’re applying for the exclusive rights to use, sell, or license products, inventions, or ideas. So, selling while patents are still in the process of approval may well be to your advantage in the long run.
In patent law, technology with a pending patent can be commercially transferred through licensing or sale, even before patents are given. This is because patent applications are considered valuable company assets.
Importance of Patent Pending
Marking a product as patent pending may dissuade potential competitors from producing inventions, ideas, products, or processes too similar to yours. They may decide that the potential legal issues down the road are not worth creating a product that would potentially infringe on your underlying creation.
Whether it’s eventually approved or not, patents that await USPTO approval attain certain legal characteristics once they get published.
- The application’s abstract, description, claims, and drawings are considered prior art. As a result, individuals who file an application similar to or related to your pending patent need to disclose your work as a prior art.
- The publication indicates that a pending patent still constitutes prior art in the United States, even if the USPTO rejects your application or you fail an appeal.
- With the filing date revealed, inventors can set the maximum lifespan of patents, which they can use for infringement lawsuits.
Protection Limitations of Patent Pending Status
In general, a pending application in the patent process does not provide immediate legal protection. You will not be protected under patent laws until the USPTO grants the actual patents.
- There is a risk the USPTO will reject your application for some reason, in which case you will no longer be able to claim patent status.
- Exceptions to the first-to-file rule may apply in cases of earlier foreign registrations or proven idea theft. Falsely claiming the patent’s status can result in penalties from patent authorities. The USPTO can impose fines of up to $500 per violation of false marketing.
- Until you have an approved United States patent, you can’t stop anyone from making, using, or selling the same idea as yours.
- Marking your work as patent pending will only provide a warning to the public that you will likely soon acquire legal patent rights, not that you have them now.
Transition From Pending to Granted Status
Patent applications typically take at least two years from filing to final disposition, whether it’s approved or rejected. This depends on the Patent Office’s jurisdiction and backlog.
Upon patent grant, you will need to remove the notices from your products and materials. Meanwhile, new notations affirming the patent grant should replace notices. These may include the patent number, symbol, or issuing authority, depending on local regulations.
Consider the cost of updating notices when deciding to use markings. For example, modifying digital content is generally cheaper than stamping metal parts. A patent attorney can still assist you with updating this process.
Ways to Maximize Your Success for Patent Application Approval
The application’s quality and clarity can prolong your patent process. In some cases, patent offices will request more information or paperwork. You’ll typically have three to six months to respond to patent offices.
Such situations can delay your application. To succeed in getting approved for a patent, our patent attorneys will:
- Conduct a thorough prior art search.
- Assess the novelty of your idea, creation, or method.
- Submit a well-drafted application.
- Guide you in paying the applicable fees.
- Maintain prompt communication with the Patent Office.
- Respond to the requests of patent offices if you need to patent your work internationally.
Related Questions
Does Patent Pending Mean Anything?
Pending patents indicate that an application has been submitted although not yet granted. However, this signals that an inventor or business has initiated the legal process to protect their creations. This status provides limited protection and serves as a notice to potential competitors that a patent may be forthcoming.
How Long Does a Patent Pending Last?
Pending status for patents typically lasts from the patent application’s filing date until it is either approved or rejected by the patent office, which can take several years. The applicant must submit a formal notice to maintain this status during the examination period.
Can I Sell a Product That Is Patent Pending?
Even with pending patents, you can still sell a product, as this status does not prevent you from commercializing your inventions, products, or ideas. However, be aware that you don’t yet have full patent protection, so others could potentially copy your intellectual property until the patent is granted.
Conclusion
While the legal effect of pending patents provides limited protection, it establishes a priority date that can potentially deter competitors from copying your work in a fiercely competitive market. Our patent attorneys can handle the whole application process for you, making sure you receive the patent status you deserve as you pursue commercialization.
Transcript
Rich Goldstein:
You’re probably wondering what it means to be patent pending. So let me explain a little bit, it’s important to understand that until you have an actual issue in the United States patent, that is a patent that’s been examined by the United States patent office approved and issued. You can’t go ahead and stop anyone from making, using, or selling the same idea as yours. So there is a risk in that until you have a patent fully issued at the same time, though, the filing of your application, the filing date of your application establishes your priority toward getting the patent. And you probably notice a lot of products out there that are marked patent pending, which means that the entities, the companies that put those products out there made the judgment that it’s fairly safe at this point, or at the point at which the patent had been filed to go out there and start manufacturing, producing, um, selling their idea, having priority in this manner is what made most of those companies out there that have products that are marked patent pending, feel safe enough to reveal them and to release them. Not much is going to happen unless you go out there and do something with your idea.
