The phrase “patent pending” does not mean that your product will actually receive a patent. This is simply a status that indicates that you have submitted a patent application to the patent office. The USPTO issues a patent number pending for each application you submit to obtain a utility, design or patent. This serial number alerts competitors and the general public that you are actively seeking a patent.
This does not give you any patent rights, and you will have to wait until you’ve been granted a patent before you can start practicing your invention. Until then, the phrase “patent pending” is merely a marketing gimmick. In addition to signaling to consumers that your invention is unique, it can also prevent your competitors from producing a product that is too similar to yours.
Patent pending status
Patent pending status doesn’t protect your invention. You can’t sue someone for infringing your ideas if they copy it. Once the USPTO approves your patent, you will have full legal protection for your invention. Once your patent application is approved, you can sue anyone who copies your product or design.
It is more difficult to obtain a patent in the United States than it is elsewhere. Some countries approve all patent applications. The patent application process in the U.S. involves more detailed searches of existing patents, and applications to ensure that no prior artwork is already granted a patent. A USPTO official will also assess whether the idea can be patentable.
If you have filed a patent application, and it is still pending, you are entitled to legal rights if another person files a patent for something very similar or identical. The USPTO will examine the filing dates of each application and assign priority to the one with the earlier filing date.
The filing date is a key factor in getting a patent. This is especially true if someone else has your idea and tries to steal it. It’s important to begin the filing process as soon possible. It is best not to disclose your invention publicly until you have filed a patent-pending application.
Provisional patent applications are considered Patent Pending . You can’t use your patent pending status if you don’t file a non- Provisional Patent Application within the 12-month deadline.
Provisional patent applications are easier to file and require less effort than those for non-provisional applications. The provisional application fee for small businesses is $110 and $220 respectively for large companies. An application must include a description of the invention and drawings.
Patent pending status begins when you file a patent application. It ends when you either abandon the patent application or get approval for your patent. It can last anywhere from one to five years depending on the complexity and type of invention and backlog at USPTO.
It is common for patent applications, such as those filed in the United States, to be “patent pending” for up to 3 years. Software and electronic applications can have patent pending status for up to five years. The Patent Office will keep the patent application “patent pending” until the patent application has been abandoned or granted.
Why Patent Pending is Important?
Patent pending is when you are actively working towards getting your invention patented. This is vital because it can discourage other companies from copying your invention. Companies won’t invest in a product that might be granted a patent. Customers might also view the patent pending status of your product as an incentive to purchase, believing that it is cutting-edge.
Even if a patent has been granted, it is important that an inventor understands the extent of protection. Patent pending can be used for the product, design or plant included in the application. However, if you change your idea or design, you will not be covered by patent laws, unless you file a new application.
It’s a statement that you have a filing date
A patent pending tells the world that you have filed a patent application, which gives you priority over any other application that might have been filed later. This is important, as it gives the rightful owner of the invention some time before any copycats or competitors can use your invention. Also, if you change the invention after filing, your patent pending will lapse and you will no longer have any protection.
If you have an idea for a product, and your invention is not patented yet, you can still mark it as “patent pending.” This will be considered a valid statement of intent by any patent examiner. It’s also not considered misrepresentation. When talking about patent pending, you should keep in mind that it refers to both provisional and non-provisional applications. If you don’t file a non-provisional application within twelve months, you must abandon the patent pending status.
By identifying your product with a patent pending indication, you signal consumers that your product is innovative and has a filing date. It also discourages competitors from copying your product. For example, if your product is new and innovative, a patent pending serial number will show potential customers that the product is protected under a patent. You can use this information on your packaging, ad campaigns, and marketing materials.
If someone copies your invention without having a patent application, you can file a lawsuit for infringement. You can also protect yourself with patent pending statements and get legal protection if your idea is similar. However, if you misrepresent your patent pending status, you risk exposing yourself to legal risks. Patent pending status is an important element in obtaining a patent, so be careful with your words.
It can be used as a marketing tool
The patent pending notice can be used in several ways. For example, it can be put on a product’s label, website, brochure, or other marketing materials. Although this notice has no legal authority, it does alert other companies and consumers to the fact that the product is new and innovative. It also alerts consumers that the product will be protected from competitors’ copycats. Consequently, the patent pending notice can increase consumer engagement with the product, and ultimately boost sales performance.
The patent pending term is often used by inventors in their marketing materials, or “Pat. Pending.” In some cases, inventors also display the provisional patent number attached by the Patent Office. Use of the term “patent pending” should be done in good faith, and use of the phrase is considered a marketing tactic. Misuse of the term could result in fines of up to $500. In general, the approval of a patent typically takes two to five years.
Another useful use of the patent pending notification is to deter competitors from copying your product. It tells consumers that your product is innovative and will be unique, and that it will be a premium product. Furthermore, it also helps keep copycats at bay. People who copy a patented product will face financial consequences. That’s why a patent pending notification is an effective marketing strategy.
When a new product launches, a company may put up a patent pending notice. While the application process itself takes years, the patent pending notice can be used as a marketing tool. By using a patent pending notice, the product can be shown to be innovative and inventive. In addition to attracting new customers, a patent pending notice can deter competitors from launching their products.
It signals something new and exciting to consumers
Using the term “patent pending” on your product is common among product marketers, who want to attract customers with products that have the latest technology. In some cases, it may be accompanied by a US patent number, which is assigned by the Patent Office. The issued patent number signifies that the patent has been granted by the U.S. government, and will allow the owner of the patent to start suing competitors for patent infringement.
In order to be able to use the term “patent pending,” a company must have filed a patent application for the product. It must also be accurate in its description, which includes the status of the patent application. The term is not legal, but is descriptive. Using it accurately in advertisements and marketing is important in helping consumers identify a product. Besides, it signals that a new and exciting product is coming to the market.
It can deter competitors from producing an invention that’s too similar to yours
Having a patent pending status on an invention gives you the right to market it without fear that a competitor will copy your idea. This will also give you the opportunity to prove that your invention is the first. Here are some of the ways to ensure this. First, purchase a competitor’s machine and analyze the parts to see if your invention has similar components to theirs.
What is not “Patent Pending?”
It is illegal to use a patent notice on your product, marketing material, or website if your invention is not in patent pending status. A patent pending notice that you use when you haven’t applied for a Patent can lead to a $500 fine per offense. See 35 U.S.C. 292 (False Marking).
Here are some situations where patent pending status is not available and when you shouldn’t use a patent-pending notice.
- A patent attorney has been hired to prepare your patent application.
- An attorney for patents will send you a draft to be reviewed by you.
- Patent application is granted.
- Your patent application has been abandoned.
Patent Pending Notice
A patent pending notice can be used to mark a product, marketing materials, or any other material related to your invention that has a patent status. Although a patent pending notification is not required by law and has no legal effect, it can be useful to notify third-parties about the patent status of your invention.
If your patent status is legal “patent pending”, you can use a patent-pending notice.
In the following situations, a patent pending can be used:
- The U.S. Patent Office has received a provisional, utility, or design patent application.
- Within the past six months, an Office Action was sent by the U.S. Patent Office.
- You have received a Notice of Allowance from the U.S. Patent Office. The issue fee has been paid, but the U.S. Patent Office still has not issued the patent.
Types of Patent Pending Notifications
It is important to place a patent pending note on a product, marketing material, or website in order to make public the fact that you have filed a patent request. You can file a suitable patent notice once your patent application has been filed with the U.S. Patent Office. Although there is no standard format for patent pending notices, these are examples of common ones:
- Patent Pending
- Patents pending
- U.S. Patent Pending
- Pat. Pend.
- U.S. Pat. Pend.
- Patent Applied For
- U.S. Patent Applied For
- U.S. Patents and Foreign Patents
- Patents Applied for in the U.S.A and Abroad
You must use a patent pending notice that is true and accurate. The patent pending notice should be prominently placed on your product, packaging materials, and other locations related to it.