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What does “patent pending” mean?

April 26, 2017mean patent pending

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What does “patent pending” mean?

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The term “patent pending” is a means of informing the public that a patent application is on file in the U.S. Patent and Trademark Office. The law imposes a fine on those who use this term falsely to deceive the public.

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“Patent pending” is a phrase often marked on products, indicating that a patent application is pending with claims that cover the marked product or process. The purpose of marking a product as patent pending is to give notice to potential imitators that a patent may issue.

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The terms “Patent Pending” and “Patent Applied For” are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent. Marking of an article as patented, when it is not, is illegal and subject to penalty.

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Sometimes inventors may wish to market their inventions without waiting for the patent to issue. The term patent pending may be marked upon a product as soon as, but never before, the patent application is submitted to the PTO. This term serves as a warning to others that a patent on the invention may be issued shortly. However, until the patent actually issues, another party can make, use, and sell the invention. Once the patent issues, the actual patent number replaces the patent pending marking.