Inventors and entrepreneurs in Los Angeles know there is no shortage of strategic business moves to make to gain a competitive edge in the market. One of these strategies is to file a patent and keep it in a pending state during the application process. It is important for local businesses to understand the local regulations regarding patent pending so they can properly protect their inventions or ideas.

When inventors or entrepreneurs file a patent application, this is when the application process begins. Filing a patent application does not automatically assign patent ownership, but applicants may consider using the terms “patent pending" or "patent applied for” in this period leading up to potential patent approval. The advantage of this type of terminology is that it serves as a warning to competitors that they may be infringing upon a potential patent and therefore exposing themselves to risk.

In Los Angeles, the term “patent pending” can be used on products or services that are associated with a filed patent application. To use the term, applicants must include an indication that a patent application has been filed or pending with the appropriate governmental patent office. The number of the pending application as well as the name of the governmental office where the patent is pending should also be included.

Below, we’ll take a closer look at the patent pending process in Los Angeles and what inventors and entrepreneurs need to know to protect themselves during this period.

Filing for Patent Pending

Filing for patent pending status is fairly straightforward in Los Angeles. First, inventors will need to prepare an application that meets the requirements of the United States Patent and Trademark Office (USPTO). If the application is missing or incomplete, USPTO may not grant a filing date or patent pending status. As a result, applicants should be sure to review the application carefully and ensure all required documents and information are included.

Next, the application will be officially filed with the USPTO. After the application is filed, the USPTO considers it a pending application and assigns it a serial number if applicable. Once the application is filed, inventors can proceed with using the terms “patent pending” or “patent applied for” in association with their invention or product until the patent is officially granted or the application is abandoned.

Why File for Patent Pending?

Filing for patent pending status is beneficial for inventors as it provides some legal protection during the application process. While inventors and entrepreneurs can begin using the “patent pending” label after the application is filed, this protection is limited since the patent has not yet been granted.

In the past, patent pending status was most effective when competitors kept too close of an eye on a potential patent. Once the application was published, the applicant was unable to bring legal action against the competitor for infringement. However, as of the America Invents Act (AIA), patent applications are now published 18 months after the initial filing date. This allows inventors and entrepreneurs more time to develop their products and designs, allowing them to file for patent pending after the fear of competitors stealing their ideas has passed.

In any case, however, patent pending status is not a substitute for a full-fledged patent.

What Are the Benefits and Drawbacks?

There are several benefits to filing for patent pending status in Los Angeles. Inventors can use the label “patent pending” to inform competitors that their invention or product is currently under patent application, and therefore, cannot be produced or used without expressed permission. For inventors and entrepreneurs with a strong brand and reputation, using the term patent pending can also help solidify their position as pioneers or innovators.

Of course, there are some drawbacks associated with filing for patent pending. First, patent pending status does not legally protect an invention or product from infringement. Patent pending applicants only have limited rights to their invention or product, and should a competitor produce or use the invention or product during the application period, there will likely be no legal action that can be taken against them.

Another drawback is that patent pending applications cost money. Additionally, applications can be rejected by USPTO for a variety of reasons, such as incomplete or incorrect documents, prior art that discloses the same or similar invention, or the “lack of novelty” of the invention.

It is important for inventors and entrepreneurs in Los Angeles to understand the risks associated with filing for patent pending. Consulting experienced legal counsel who has knowledge of local patent regulations can be invaluable during this process.

Hire Experienced Legal Counsel for Assistance

For inventors and entrepreneurs in Los Angeles, hiring experienced legal counsel is the best way to ensure that the patent application process goes smoothly. Navigating patent regulations can be complex and time consuming, and it is important that applicants ensure that their application is complete and accurate.

UpCounsel’s experienced lawyers have years of experience working with businesses of all sizes to achieve their patent pending status. Whether businesses need a one-time consultation or an entire freelance legal team, UpCounsel can deliver the expertise and options needed to protect their inventions.

Topics:

Patent Pending,

Los Angeles,

Legal Counsel