The filing of a patent to protect your invention or improvement to an existing one is a special moment for any inventor, entrepreneur, or corporation. When a patent is filed with the United States Patent and Trademark Office (USPTO) or the applicable international authority, the filing is made with a “Patent Pending” designation. This is a marker that informs competitors that you have claimed a priority interest in the subject of the patent.

What is Patent Pending status and what are the protections it affords? What are the requirements and prohibitions under U.S. patent law for inventors and corporations in Chicago, your rights and obligations when a patent is pending, and how should you position yourself to fully leverage the patent process? The answers to these questions are essential for inventors, entrepreneurs, and corporations interested in protecting their inventions or incremental improvements.

A “Patent Pending” designation is important because U.S. patent law grants very specific rights to the owner of a patent — depending on the countries where the patent is filed — and those rights exist only after the patent is issued. “Patent Pending” status is a marker that provides certain rights to the inventor or the company prior to issuance of the patent. A patent pending designation allows for the right to file suit against anyone infringing the patent material during the pendency period prior to patent issuance. Additionally, since patent claims are often significantly broadened or amended during the pendency period, the designation also affords the inventor or company a period of protection against anyone infringing the more narrowed claim if the patent issues in a more narrowed form than was originally filed.

For inventors and corporations in Chicago, U.S. patent law has specific requirements and prohibitions they must adhere to at all times. First and foremost, U.S. patent law requires inventors or companies to keep their inventions confidential at all times, and any public disclosure prior to filing a patent application can prevent the invention from receiving patent protection anywhere in the world. An inventor or company in Chicago should be aware of other regulations, such as the Freedom to Operate rule, that may further limit the scope of patent protection and that may potentially prevent issuance of a patent if the invention is too closely related to an existing invention.

After filing a patent application with a “Patent Pending” designation, inventors and corporations must also understand that they can not enforce their patent rights (even after issuance) unless they can prove that their invention or improvement was derived independent of prior art. Therefore, inventors and corporations in Chicago should be sure to document their invention process carefully, as well as any incremental improvements they make along the way. Additionally, inventors and corporations must monitor the progress of their patent application throughout the pendency period and ensure that their application meets all patent office requirements, such as requirements for prior art searches and other related patent office rules.

The patent process can be lengthy, arduous, and expensive – and having professional counsel with expertise in the patenting process and U.S. patent law is highly recommended. UpCounsel provides access to experienced attorneys to help businesses of all sizes, including inventors and corporations in Chicago, to protect their inventions and incremental improvements through the patent process. UpCounsel's attorney network is made up of handpicked lawyers who have decades of experience in patent law. UpCounsel's attorney profiles display client ratings and reviews of recent work so their clients can select the attorney that best fits their needs.

Topics:

Patent Pending,

United States Patent,

Chicago