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