Key Takeaways

  • A patent symbol communicates the legal status of an invention, either pending or granted.
  • "Patent Pending" or "Pat. Pend." can be used once a patent application is filed, warning others against copying.
  • Once granted, the official designation changes to “U.S. Pat. No. X,XXX,XXX” or through virtual marking with a web link.
  • Misuse of patent symbols can result in legal penalties, so accuracy in use is essential.
  • Trademark (®, ™, ℠) and copyright (©) symbols differ from patent symbols and protect different types of intellectual property.
  • Patent rights last for 20 years from filing, while trademarks and copyrights have distinct durations and scopes of protection.

What Is a Patent?

A patent is a type of legal protection for an invention. If you have filed a patent application for your invention, you can market or sell the product with the words "Patent Pending." "Patent Applied For" is also acceptable verbiage. This can be used as soon as you receive provisional approval from the USPTO. This alerts competitors that infringing on the invention could result in legal action since you will have the right to seek monetary damages in court once the patent is awarded.

When your patent is issued you must replace the words Patent Pending with the words “U.S. Pat. No. X,XXX,XXX” with your official patent number. Check the packaging of reputable products to see samples of how this should appear.

Your patent is good for 20 years from the file date, after which you may no longer use this designation on your product or packaging.

You may see a P in a circle used to indicate that an item is patented, but this usage is incorrect. The circled P symbol actually is used for a copyrighted musical recording (the P stands for phonogram).

Before passage of the American Invents Act (AIA), patent owners were required to use the patent number of their product or packaging. Today, you can also take advantage of virtual marking. This means that after the word Patent, you can include a URL where the person can find more information about your patent.

In situations where a symbol or image is required to represent the patent, you can use the seal and ribbon icon provided by the USPTO, which is printed on the cover of your issued patent.

How to Use the Patent Symbol Correctly

Using a patent symbol is more than a formality—it provides legal notice. The phrases “Patent Pending” or “Pat. Pend.” may be used immediately after filing a provisional or non-provisional patent application with the USPTO. This alerts competitors that infringement risks legal consequences if the patent is later granted.

Once the patent is issued, the marking must change to include the patent number (e.g., U.S. Pat. No. 10,123,456). Businesses can also use virtual marking, which lists patents on a publicly accessible website and places the URL on the product.

Misrepresentation is prohibited. Under 35 U.S.C. § 292, falsely marking a product as patented—or continuing to display "Patent Pending" after a rejection—may lead to fines. Accurate usage is essential to preserve enforceability and avoid penalties.

What Is a Trademark?

According to the United States Patent and Trademark Office (USPTO), a trademark consists of designs, words, phrases, symbols, or a combination of these elements that serves to distinguish your business's products and services from those offered by competitors. You can trademark your business name, product names, color palettes, tagline, logo, and other branding elements.

A trademark that has been registered with the USPTO can be identified by placing the ® symbol next to it. You can also use the words "Registered in U.S. Patent and Trademark Office" to make this designation. Doing so lets the public know that you own the mark in question and have the legal power to use the mark exclusively, register it in foreign countries, and prevent others from infringing on it.

A trademark does not need to be registered to establish ownership. If your mark is not registered or if you've filed an application for registration that has not yet been approved, you can use the TM symbol next to your trademark. You are not required to do so. However, you may want to let potential infringers know that you are claiming ownership of the mark.

If your business sells services instead of products, you can use the SM symbol, which stands for Service Mark. Keep in mind that using these marks provides common law protection for the trademark owner only if another person isn't already using a similar mark in commerce.

Registering your trademark with the USPTO provides more extensive proof of ownership than common law trademark protection. In addition, common law trademarks are only recognized in the state or region where you have used the mark in commerce, while registration protects the mark at the federal level. This may be necessary if your company operates or has customers in other states.

Patent Symbols vs. Trademark Symbols

Although both patents and trademarks fall under intellectual property, their symbols serve different purposes:

  • Patent Symbol – Indicates protection for inventions and functional designs. It uses wording like “Patent Pending” or a specific patent number.
  • Trademark Symbols – Protect brand identity rather than inventions.
    • ™ indicates an unregistered trademark in use.
    • ® shows that the mark is registered with the USPTO.
    • ℠ is reserved for unregistered service marks.

Unlike the patent symbol, which is tied to an invention’s technical protection, trademark symbols help businesses establish brand exclusivity and prevent consumer confusion.

What Is a Copyright?

A copyright is a type of legal protection for works of authorship or creativity. These include but are not limited to:

  • Plays and musicals
  • Songs
  • Books and literary works
  • Architectural designs
  • Software
  • Paintings, sculpture, and other works of art

Unlike patents and trademark protection, copyright protection goes into effect as soon as the work is created and recorded. You can also register with the U.S. Copyright Office for additional legal advantages. You can use the © symbol next to the title to indicate that a work is copyrighted.

Common Misconceptions About Patent Symbols

It’s easy to confuse intellectual property symbols. For example:

  • The circled P (℗) is not a patent symbol but denotes copyright in sound recordings (phonograms).
  • The © symbol protects creative works like books, art, or software—not inventions.
  • A patent seal or ribbon used on USPTO documents is decorative only and should not be used in product labeling.

Because misuse can mislead consumers and competitors, knowing which intellectual property symbol applies in each context ensures compliance and protects your rights.

Frequently Asked Questions

  1. What does the patent pending symbol mean?
    It signals that a patent application has been filed but not yet granted, warning competitors that copying could result in liability if the patent issues.
  2. Can I use the circled P (℗) as a patent symbol?
    No. The circled P protects sound recordings and is not related to patents. Using it as a patent symbol is incorrect.
  3. Is “Patent Pending” legally binding?
    Yes, it provides constructive notice. While rights are not enforceable until the patent is granted, it warns others of potential future protection.
  4. How do I mark a product once the patent is granted?
    Replace "Patent Pending" with the official number (e.g., “U.S. Pat. No. 11,123,456”) or use virtual marking via a designated website.
  5. What happens if I misuse the patent symbol?
    False marking may result in fines under U.S. law and can weaken your legal standing in enforcing patent rights.

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