Key Takeaways

  • Patent pending means a patent application has been filed but not yet granted, serving as a notice of rights-in-progress.
  • It offers deterrent value against potential infringers but does not provide enforceable legal protection until a patent is issued.
  • Both provisional and nonprovisional applications can establish patent pending status, each with different costs, timelines, and requirements.
  • Public disclosure before filing can jeopardize rights, especially in jurisdictions without grace periods.
  • The designation helps attract investors, partners, and customers by signaling innovation and legal diligence.
  • Fraudulent use of the label may lead to hefty fines in the U.S. and abroad.

Patent pending technology is a product with a patent application that's been filed and is under review. Until your patent application is approved, any manufacturer can use the basic concepts behind your product or technology. Patent pending technologies don't have patent infringement protection for inventors or owners. However, the designation gives potential infringers or competitors a warning about their damage, injunction, or seizure liabilities. Patent pending is also called patent applied for, and it's often abbreviated as pat. pending or pat. pend. on products. Anyone with a provisional patent application or a pending nonprovisional application can call their invention patent pending.

The United States Patent and Trademark Office, or USPTO, usually publishes pending patent applications within 18 months of the filing date. In some cases, the applications are kept private until the patent is issued and the patent pending designation is replaced by the patent number. In the United States, fraudulent use of a patent-related designation like a patent pending label can lead to fines of up to $500 per offense. Since individual product items are considered separate offenses, fraudulent use could result in large fines. The laws in most other countries are similar.

Patent Pending Inventions

Patent pending means that you've filed a patent application with the United States Patent and Trademark Office. You'll get a patent pending serial number to alert people that you've applied for a patent on your invention. If another person or company copies your invention while your patent application is still pending, you can't sue them for infringement until the patent is issued. Some countries, like the United Kingdom, require warning notices with official patent application numbers on patent pending technology.

Before the United States Patent and Trademark Office grants a patent, it conducts a prior art search and examines the application for patentability. It also gives feedback to inventors and accepts revisions if they're needed. In some foreign countries, an inventor can get a patent almost immediately after filing an application. If another person or company comes up with the same invention as you without using any of your information, the USPTO will grant the patent to you if you applied before the other entity. Patent pending technology has an established filing date, but the patent hasn't been issued yet.

Benefits and Limitations of Patent Pending Status

While many inventors wonder what does patent pending mean in practice, its main function is to provide a warning to competitors that an application is on file. The benefits include:

  • Public Notice of Rights: Marking a product with “patent pending” signals that the inventor is seeking exclusive rights, discouraging direct copying.
  • Market Advantage: Businesses can showcase innovation and establish credibility with consumers and investors before patent approval.
  • Priority Claim: The application date sets the inventor’s place in line, which is crucial in the U.S. “first-to-file” system.

However, the status has important limitations:

  • It does not confer enforceable rights. An inventor cannot sue for infringement until the patent is granted.
  • Competitors may still produce similar products; deterrence depends on the perception of legal risk.
  • Maintaining pending status can be costly if multiple continuations or international applications are pursued.

Publicly Disclosing Patent Pending Technology

You should never publicly disclose your invention before it's patent pending. A company or individual could take your idea, patent it, and then sue you for your own work. Also, don't change your design without revising your patent application or filing another patent. Otherwise, your modifications won't be protected from patent infringement.

Before you decide whether to make your patent pending technology public, think about how easily another inventor could copy it. If your product is manufactured easily or if it's a simple change to an existing product, other companies might try to profit from counterfeit versions. However, letting people know about your technology while it's patent pending gives you more time to talk to investors and get money for manufacturing. 

Patent Pending and International Considerations

Patent rules vary widely between countries, making timing critical. For example:

  • United States: A one-year grace period exists after public disclosure to file, but it only applies domestically.
  • Europe and Asia: Many jurisdictions have absolute novelty requirements, meaning disclosure before filing can permanently bar patent rights.
  • International Filings: Inventors often use the Patent Cooperation Treaty (PCT) to maintain pending status globally while delaying the costs of national filings.

When deciding whether to announce or commercialize your invention while patent pending, carefully consider your long-term global strategy.

Provisional Patent Applications

A provisional patent application lets you place a patent pending label on your product when you sell it so that other people know that you've already filed for a patent. The filing fee is $130 for small companies, and those that qualify as micro entities only need to pay $65. Provisional patent applications don't have any formal requirements, so they cost less for your attorney to prepare than regular or nonprovisional patent applications. However, you should still make sure that your invention is described in detail. 

After you file your provisional application, you can see if there's a market for your invention, work on perfecting it, and ask for investments from fellow businesspeople. There's no grace period after you create your invention, so you should file a provisional patent application as soon as possible. That way, even a partial idea can be protected. Provisional applications expire 12 months after the filing date. If your invention isn't popular or if you don't have enough investors, you can skip your nonprovisional patent application.  Even large companies sometimes don't have the funds to patent everything they invent.

Risks of Misusing the Patent Pending Label

Using “patent pending” incorrectly can expose inventors and companies to liability:

  • False Marking Penalties: In the U.S., improper use can result in fines up to $500 per item, which adds up quickly in mass production.
  • Consumer Protection Laws: Misleading claims about patent status can also raise issues under unfair competition or advertising laws.
  • Reputation Risks: Overstating protection may damage investor or customer trust if challenged.

To avoid penalties, only use the patent pending designation once a valid provisional or nonprovisional application has been filed.

Nonprovisional Applications and the Examination Process

Unlike a provisional application, a nonprovisional patent application begins the formal examination process at the USPTO. Key features include:

  • Examination: A patent examiner reviews novelty, utility, and non-obviousness through a prior art search.
  • Timeline: It often takes 18–36 months for a patent to issue, though accelerated examination programs exist.
  • Patent Pending Duration: The invention remains “patent pending” until the USPTO grants or denies the application.
  • Costs: Nonprovisional filings are significantly more expensive than provisional ones, requiring detailed claims, drawings, and often attorney assistance.

Frequently Asked Questions

  1. What does patent pending mean in simple terms?
    It means an inventor has filed a patent application, but the government has not yet granted patent rights.
  2. How long does patent pending status last?
    It lasts until the application is either approved and a patent is issued, or denied. This can range from months to several years.
  3. Can I stop someone from copying my idea while it’s patent pending?
    No, you cannot sue for infringement until the patent is granted, though the status may discourage copying.
  4. Is “patent pending” the same as having a patent?
    No. Patent pending only signals an application has been filed; enforceable rights only begin after issuance.
  5. Can I mark a product “patent pending” if I haven’t filed yet?
    No. Doing so is illegal and may result in significant fines and legal liability.

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