Patents provide a means of protecting the intellectual property of inventors and others who create new products, processes, inventions, works of art, and other original works. For innovators, artists, and inventors based in the New York, understanding the process of patent pending can be confusing. Here we answer some of the most frequently asked questions about patent pending.

What is Patent Pending?

A patent pending status is assigned when a patent application has been filed but has not yet been granted or officially approved by a patent office. As soon as the application is filed, the invention, idea, or product is officially given patent pending status. This status offers certain legal benefits that allow the inventor or creator to publicly disclose and market their product without fear of having their ideas copied or stolen while their application is being reviewed.

What Legal Benefits Are Granted With Patent Pending?

The legal benefits of patent pending are two-fold. Primarily, patent pending serves as a warning to potential copiers that a patent has been applied for, and the onus is therefore on the copier to ensure that the idea or product in question has not already been patented. In some jurisdictions, patent pending also offers the applicant some limited legal remedies if their idea or product is illegally copied or stolen.

What Is the Difference Between Patent Pending and a Provisional Patent?

A provisional patent is a temporary patent that is granted to applicants and is valid for one year after the application is filed. This is done to help inventors establish a filing date for the patent application and to provide them with extra time to make additional developments before the patent is formally accepted or rejected. A patent pending status, however, does not actually grant or provide a patent but instead simply confirms that an application has been filed.

How Long Does it Take to Obtain a Patent and Exit Patent Pending Status?

The time it takes to obtain a patent can vary greatly, depending on the current backlog of patent applications at the USPTO and whether or not the patent is provisionally granted or rejected. Generally, however, it takes 6-7 months for a full patent to be granted once the application has been registered.

Are There Fees Associated With Patent Pending?

Yes. There are fees associated with the application process, which can vary depending on the type of application and the complexity of the invention or product being patented. It is important to speak to an experienced patent attorney in order to get an accurate idea of the fees involved.

Is Legal Assistance Necessary for Patent Pending?

Yes. Obtaining a patent for an invention, work of art, or product is a complex, time-consuming process. An experienced patent attorney, especially one knowledgeable of the New York and local regulations, is invaluable due to the many factors that can delay or complicate the process.


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