What Does Patent Pending Mean? Part 2 of 3
From Patent attorney Mark Trenner
Watch 8 minute Video of Interview With Denver Patent Attorney Mark Trenner
Facts are that a company usually will not want to spend money for research and development of a product if there is a chance it will not be given the patent, due to the fact that someone has beaten them to the punch.
On the other hand, it does not “legally” protect anything. Your idea is not protected until the patent is actually granted; even though you let others know the wheels are in motion. Someone else can legally market, sell, or use your invention before the patent is granted.
Once your patent is issued, you would stop using the words “patent pending”, and start using the phrase “covered by US Patent Number *****”. At this point you are legally protected from others copying your idea.
It’s also important to note that just because you created a product, you do not have the right to use “patent pending” if this is not the case. You are obligated to have applied for the patent with the USPTO before claiming a patent is in process. In fact, using the term “patent pending” in a false or misleading way is a federal crime which may be punishable by major fines and even jail time. Many inventors with small budgets and potential to gain investment capital may be tempted to use this designation before going through the costly and time consuming process. It is important they know the consequences before doing so, as it can lead to major charges against the in a legal sense.
