Understanding Patent Pending: What Does It Mean?
When you see the term patent pending on a product or invention, it means that a patent application has been filed with the United States Patent and Trademark Office (USPTO), but the patent has not yet been granted. This status signals that the invention is in the process of obtaining legal protection. Although a patent is pending, it offers no legal rights until the patent is issued.
In this comprehensive guide, we will discuss the meaning of patent pending, how you can obtain this status, and why it’s important for inventors and businesses alike.
What Does Patent Pending Mean?
Patent pending is a legal designation that indicates an inventor has filed a patent application with the USPTO. This status applies to both utility and design patents. While the patent is pending, the invention does not yet have full protection. However, displaying patent pending can act as a deterrent, warning competitors and potential copycat that copying the invention may lead to legal issues once the patent is granted.
How to Get a Patent Pending Status
To obtain a patent pending status, you must file either a provisional or non-provisional patent application. A provisional patent application is a cost-effective way to secure the patent pending status for 12 months while refining your invention. Before the above-mentioned 12-month period expires, a non-provisional patent application must be filed to claim the benefit of the earlier filing date of the provisional patent application and continue the patent process.
For businesses and inventors, the patent pending designation is an essential step in protecting their intellectual property. By filing a provisional patent application, they gain time to improve the invention or seek out investors while having a deterrent to warn potential copycats.
To learn more about the application process, visit our Patent Services page.
Why is Patent Pending Important?
Displaying patent pending on your invention offers several benefits:
- Deterrent to Copycats: Competitors may think twice before replicating your invention if they know a patent could be granted soon.
- Market Positioning: It signals to investors and customers that your product is innovative and worth protecting.
- Time to Refine Invention: Having a pending patent gives you a buffer to finalize your invention and business strategy before the patent is issued and manufacturing starts.
However, it’s crucial to remember that a patent pending status alone doesn’t grant enforceable rights. You must wait until the patent is officially issued to take legal action against infringers.
What Are the Different Types of Patents?
There are two main types of patents that can grant patent pending status:
- Utility Patents: These protect the functionality and practical applications of an invention. Utility patents are ideal for technological innovations or mechanical devices. Learn more about the difference between provisional and non-provisional patents here.
- Design Patents: These protect the ornamental design or appearance of a product. Design patents can be granted for products with unique aesthetics, such as furniture, jewelry, or electronic devices. Learn more about design patents here.
How Long Does a Patent Pending Status Last?
The length of time a patent is pending depends on the type of application filed. For provisional patent applications, the pending status lasts for 12 months, during which a non-provisional patent application must be submitted. Non-provisional applications can take anywhere from 1 to 3 years to be approved, depending on the complexity of the invention and how quickly the USPTO examines the application.
The patent pending status gives inventors enough time to make modifications, seek investors, or even explore potential licensing agreements while deterring potential copycats.
Patent Pending Example
Consider an inventor who develops a new type of smartwatch. By filing a provisional patent application, they can start selling their product and marketing the product with the patent pending status. This gives them twelve months of time to test the market, make improvements, and seek additional funding—all while discouraging competitors from copying their innovation.
This twelve month period also gives the inventor the time to prepare a non-provisional application and obtain full patent protection when the USPTO grants the patent.
What Are the Risks of Not Filing for Patent Pending?
Failing to file a patent application for obtaining a patent pending status could expose your invention to potential copying. Competitors may be more inclined to replicate your product if they know it lacks legal protection (future or otherwise). Additionally, without the patent pending designation, it may be more difficult to attract investors, who often look for signs of intellectual property protection when evaluating a business.
How to Search for a Pending Patent
If you want to check the status of a pending patent, the USPTO offers an online patent search tool. This tool allows you to find the patent application and track its progress through the patent procecution process. If you’re interested in checking the status of a specific patent, visit the USPTO patent search tool.
Patent Pending Symbol: When and How to Use It
Once your patent application is submitted, you can use the symbol on your product or marketing materials. This symbol indicates that the product is under review for patent protection, providing some level of deterrence against potential copycats.
However, it’s important to only use the symbol once your application is officially filed. Using it without a valid pending application could lead to legal repercussions.
Patent Pending vs. Patent Granted: Key Differences
While the patent pending status offers some level of deterrence, it doesn’t provide the legal rights as a granted patent. With a granted patent, you can enforce your exclusivity rights through infringement lawsuits or licensing agreements. A patent pending status is more of a placeholder, signaling to competitors that you’re in the process of securing legal protection for the invention.
How Innovent Law Can Help
Filing for a patent pending status is an essential step and useful way in protecting your invention and building your business. By securing this designation, you gain time to refine your product, explore market opportunities, and ward off potential competitors.
At Innovent Law, we specialize in patent applications, including both provisional and non-provisional filings. Our team of experienced patent attorneys is here to guide you through the process, ensuring your invention gets the protection it deserves.
Ready to start the patent pending process? Contact us today to schedule a consultation, or explore more about our patent services.