How to protect the inventor’s interest against misuse of the invention prior to the grant of the patent?
The filing of a patent application obtains a filing date for an applicant, and the legal right to use the phrase “patent pending” in conjunction with an invention. By affixing the words “patent pending” to an invention, the inventor provides notice that a patent is pending on the invention – that rights in the invention are being claimed. However, an inventor does not obtain patent rights in an invention until a patent for the invention has been issued. Therefore, while a patent is pending on an invention, the inventor does not have the legal right to prevent others from making, using or selling the invention.
