What is patent pending

The only legal requirement is that you can only use "patent pending" as long as the application is still in process. Do not confuse the consumer by making it look like your product holds a patent when it is actually pending. The deadline to file for patent protection is 12 months from the date that you first shared the idea publicly. If you need more time, you can file a provisional patent application, which is not as complex as a non-provisional patent application.

USPTO reviewers do not look at provisional patent applications. However, provisional patent applications have a month window in which the applicant can file a non-provisional patent application, or they expire. If you use patent pending based on a provisional patent application, make sure to file the nonprovisional patent application within that window, or you will be in violation of patent representation laws.

If your patent is pending, you can begin using this phrase, along with the serial number granted by the USPTO, to stave off competitors. Filing an application to get your invention into patent pending status can also protect your intellectual property. If anyone else wants to produce something similar, they will have to pay you to license the rights to it, so the potential for high earnings will increase if your idea is popular.

Some inventors choose not to go through the patent process because it's very expensive and can take years to get approval. If you don't have a patent pending, you are at risk of having your idea copied and stolen by others. If you need to save up money to file a patent application or spend time perfecting the invention so you only have to file one patent application, it's best to keep your idea away from the public until you're ready to file.

If you choose not to file for a patent, you won't have any legal protection against other people using your idea. A large company could start producing a similar or identical product at a cheaper price, closing you out of the market.

While there is no required format for a patent pending notice, below are some suitable examples commonly used today:. The patent pending notice you use must be true and accurate.

You should conspicuously place the patent pending notice on the product itself, product packaging, marketing materials, websites and any other location related to your product.

Skip to content info neustel. Patent Pending. Below are some scenarios when patent pending status does not exist and you should not use a patent pending notice: You have hired a patent attorney to prepare a patent application. A patent attorney sends you a draft of the patent application to review. Your patent application is granted as a patent. Inventors need to understand the scope of their inventions: what is protected, what is not and what kinds of claims the patent can get.

LegalZoom can help you file a provisional patent application. You start the process by filling out our online questionnaire. Our service also includes access to professional patent artists and a review of your application by a patent agent. Contents 4 min read. Joe Runge graduated from the University of Iowa with a Juris doctorate and a master of science in molecular evolution. H… Read more.

A patent which grants ownership of an invention, but it won't pay you. There are a few ways you can generate a profit from your idea. Intellectual Property Basics. There are different ways to protect original ideas. The method you choose depends on the kind of idea you have. Applying for a patent is a long and sometimes complex process, but the process can be broken down in these five steps.

Find out how to get started researching your patent, drafting the application, and what to do while you wait for an official response.

How much does it cost to get a patent? The answer can be different depending on why you want a patent and what you're patenting. Before you can profit from your invention, there are several steps to take to get the right kind of protection you need. Find out how you file a patent application, whether you need a lawyer or can do it yourself, and what it means to have a patent pending.

Draw them yourself or hire a professional: getting the best patent drawings requires a bit of both. Before a draftsmen pens the straight lines and neat numbering, your drawings have to explain your invention in a way you understand. Find out more about how to get great patent drawings. Patent pending protection lets you warn other people that the U. This warning will discourage other inventors from stealing or copying your invention.

Once you receive a patent, you can try to get from people who copied your invention when the patent was still pending. The moment an inventor talks about their invention in public, they have a year to take action. Here are some important things to know about the one year rule:. They can also deny your application during this time. A patent pending status doesn't let you sue someone who's copying your invention. But the status still protects you in a few ways. It warns others that you're waiting to get a patent on your idea.

The patent pending status provides protection because it discourages people from taking your invention. Once it's patented, if someone takes any part of your invention, it's considered infringement.

But until then, you cannot pursue a court case against them. Once you have your patent, you can get triple the amount of money for damages. To do this, you have to prove that someone stole your idea on purpose. You can also go back and possibly receive payments if patent violations occurred while your patent was pending. Because these penalties are retroactive, many will choose not to risk copying your invention while it is patent pending. After filing a provisional patent, you have one year to file a non-provisional patent application.

Only the inventor can place the patent pending status on a product. It's a crime to use the patent pending status when you haven't followed the rules for how to use it.