What does “Patent Pending” mean?

What is a patent-pending status and how do you get one?

Sometimes when you buy something on the shelf, you will read on their packaging that it says “patent pending”. And perhaps you will see when you buy in an e-commerce platform online a “patent pending status”. 

Patent pending status in an invention essentially means that a patent has been filed but has not yet been granted by the USPTO. It can be a utility patent which means they have a patent pending for the actual functionality of the product. It can either be a patent pending in the design patent that covers the design, looks, and ornamental feel of the invention.

Does it need to be non-provisional for a utility patent?

No. Once you file a provisional patent application, you can put on there that you have a patent-pending. And as soon as you file a design patent, or file a non-provisional application, you can essentially state that you have a patent-pending status.

What does it do for an invention?

What it actually does is notify the public that you actually filed for a patent. Possible infringers that might copy the pending patent can be sued and liable for any damages. Others might still infringe on a product but at least they would know that you are actually taking steps in proactively protecting your intellectual property and you will be coming after them if they do, copy your work.

Photo by Kelly Sikkema on Unsplash

What Does Patent Pending Mean?

“Patent pending” means that a patent application has been filed with the USPTO, but has not yet been granted. It puts competitors on notice that intellectual property protection is being sought.

How Long Does Patent Pending Status Last?

Patent pending status lasts as long as the application is under examination by the USPTO, typically 1–3 years for utility patents. During this time, you cannot yet enforce a patent, but you can deter competitors.

Can You Use “Patent Pending” on Your Product?

Yes — once a provisional or non-provisional patent application is filed, you may legally mark your product as “patent pending.” Falsely marking a product as patent pending is a federal offense.

Related Articles

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• Should I Get a Provisional Patent Application?
• How Much Does a Patent Cost?