What does "Patent pending" mean?

The term "patent pending" indicates an application for a patent has already been filed with the United States Patent and Trademark Office (USPTO) but has not yet been granted. This status begins when you submit either a provisional or nonprovisional patent application and lasts until the patent is granted, denied, or abandoned.

Key points to understand about "Patent pending" status:

- It does not mean the invention is patented or guaranteed to receive a patent.

- The average time a patent application remains pending is about 25.9 months, as of January 2023.

- Patent pending" status can be maintained for up to 21 years through continuing applications.

 How to use "Patent pending" to your advantage

Patent pending status offers several benefits that inventors and businesses can leverage:

Establish Priority

Patent pending status establishes a priority date for your invention. This means that if someone files a similar patent application after your filing date, your application will take precedence. This protection allows you to safely market your invention or discuss it with potential partners without fear of losing your rights.

Deter Competitors

Marking your product or marketing materials with "Patent Pending" serves as a warning to potential competitors. It signals that you're actively seeking patent protection, which may discourage others from copying your invention or investing in similar products.

Marketing Advantage

The "Patent Pending" label can be an effective marketing tool. It suggests innovation and uniqueness, potentially attracting customers and investors who value cutting-edge products.

Licensing Opportunities

Even though the patent has yet to be granted, you can still license or sell your pending patent. While its value might be less than that of a granted patent, it can still be a valuable asset.

Potential for Retroactive Damages

If your patent is eventually granted, you may be able to claim damages for infringement that occurred during the pending period, provided certain conditions are met.

How to properly use "Patent pending"

To effectively use your patent pending status:

Mark your product:

Use the phrases "Patent Pending" or "Pat. Pend." on your product, packaging, or marketing materials.

Be truthful:

Only use these phrases if you have actually filed a patent application. False claims can lead to legal penalties.

Keep track of Your application:

Monitor the status of your application and be prepared to update your marking once the patent is granted or if the application is abandoned.

Consider continuing applications:

If you want to maintain patent pending status for strategic reasons, consider filing continuing applications before your original application is granted or abandoned.

Use it in negotiations:

When discussing your invention with potential partners or investors, mention its patent pending status to underscore its potential value and your commitment to protecting it.

In Summary

Patent pending status is a powerful tool in the intellectual property landscape. By understanding what it means and how to use it effectively, you can protect your invention, deter competitors, and potentially increase the value of your innovation. Remember, while patent-pending offers some advantages, it's not a substitute for an actual patent. Continue to work towards securing your full patent rights while leveraging the benefits of your pending status.

Disclaimer: The information provided in this article is for general informational purposes only and should not be construed as legal advice. For legal advice consult a patent attorney or if you need a patent attorney, email us at info@marketblast.com for a referral.