Definition
Patent Pending is a legal designation used by an inventor or a company to indicate that a patent application has been filed with the relevant patent office (such as the United States Patent and Trademark Office, USPTO) and is currently under review. This term is employed while the patent office conducts an examination to determine whether the invention is new, useful, and non-obvious, and thus eligible for patent protection. It warns potential infringers that if the patent is granted, their product might be subject to legal action for patent infringement.
Examples
- Tech Companies: A startup developing a groundbreaking wearable health device might display “Patent Pending” on their promotional materials to inform the public and competitors that they have applied for a patent that is under review.
- Consumer Goods: A new kitchen appliance with a unique feature could indicate “Patent Pending” on its packaging to highlight that the novel aspect of the product is in the process of being patented.
- Software Applications: An app with a novel algorithm might use “Patent Pending” in its documentation to protect its innovative code from being copied by competitors before the patent is granted.
Frequently Asked Questions
What does “Patent Pending” mean?
“Patent Pending” means that a patent application has been filed with the patent office and is currently under review. The invention has not yet been granted a patent, but the term serves as a warning to competitors that the inventor is seeking legal protection.
Can I enforce a “Patent Pending” status?
No, “Patent Pending” itself does not grant any enforceable rights. It merely indicates that the process of seeking a patent has started. Enforceable rights are only granted once the patent is officially approved.
How long does “Patent Pending” status last?
The “Patent Pending” status lasts until the patent office makes a final decision on the patent application. This period can vary, but it’s typically between one to three years depending on the complexity of the invention and the backlog of the patent office.
Is it mandatory to label products with “Patent Pending”?
No, it is not mandatory to label products with “Patent Pending,” but doing so can serve as a deterrent to potential infringers and signal to the market that the inventor is protecting their intellectual property.
What happens if the patent application is rejected?
If the patent application is rejected, the right to claim “Patent Pending” status ceases. The applicant can attempt to amend and resubmit the application to meet the patent office’s requirements.
Related Terms
- Patent: A government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.
- Intellectual Property (IP): A category of property that includes intangible creations of the human intellect, such as inventions, literary and artistic works, and symbols.
- Provisional Patent Application: A legal document filed with the patent office that establishes an early filing date but does not mature into an issued patent unless further steps are taken.
- Non-Provisional Patent Application: A complete patent application that is examined by the patent office and can eventually result in a granted patent.
Online References
- United States Patent and Trademark Office (USPTO)
- World Intellectual Property Organization (WIPO)
- European Patent Office (EPO)
Suggested Books for Further Studies
- “Patent It Yourself: Your Step-by-Step Guide to Filing at the U.S. Patent Office” by David Pressman
- “The Patent Guidebook” by Gerald M. Halt Jr. and John A. White Jr.
- “Nolo’s Patents for Beginners” by David Pressman and Richard Stim
- “Patent Law Essentials: A Concise Guide” by Alan L. Durham
Fundamentals of Patent Law: Intellectual Property Basics Quiz
Thank you for exploring the intricacies of patent law with our comprehensive guide and sample exam quiz questions, aiming to enhance your understanding and knowledge in intellectual property!
