You’ve seen it on toys, cars, and tools — that phrase printed on the body of a product that says, “patent pending.” It looks really important, but…is it?
If you are an inventor or entrepreneur, you may be looking to get this seemingly coveted term for your invention as well. Wondering how to get it? Let’s dive into what “patent pending” truly means, why it matters, and how you can get it – with the help of an experienced patent attorney.
What is a Patent?
Before explaining “patent pending,” let’s define what a patent actually is. A patent is a legal document that gives its owner the exclusive right to make, use, or sell the invention described inside this document by the claims.
Think of it this way: if you have a patent for a new type of toaster, no one else can make or sell that new type of toaster without your express permission. Patents can protect many different things, like physical inventions, substances, processes, or methods.
To get a patent, you need to submit a patent application to the United States Patent and Trademark Office (USPTO). You can do this with the help of a licensed patent attorney, a legal professional who specializes in intellectual property law.
There are two kinds of patent applications: provisional and non-provisional. A provisional patent application does not automatically grant a patent; instead, it establishes an early filing date and gives the inventor 12 months to file a non-provisional patent application. A non-provisional patent application can lead to the patent being granted, once the application has been reviewed and approved by the USPTO.
What Does “Patent Pending” Mean?
When an inventor files a provisional patent application with the government’s patent office, they can use the term “patent pending” to let the world know they’ve filed an application. However, the patent for that application hasn’t been granted yet. You can think of it like a “coming soon” sign for patents.
Imagine you’re a chef thinking about a new recipe. You’ve tested it out and are pretty sure it’s going to be a hit, so you put up a sign in your restaurant that says “New Dish Coming Soon.” For an invention, that’s like having a “patent pending” status.
But again, the invention cannot be granted a patent without a non-provisional patent application filed and approved by the USPTO.
The Importance of “Patent Pending”
It’s important to understand that just because an inventor has “patent pending” on their invention, it doesn’t mean they’ll actually get a patent. The government still has to review the application to ensure the invention meets the requirements for becoming a patent. Specifically, the invention must be new and not obviously similar to something that already exists.
“Patent pending” is a way for an inventor or a company to let the world know they’ve applied for a patent to cover one of their products. The patent has to be issued before it has any legal effect to prevent others from making, using, or selling the invention.
That said, filing a provisional patent application and using the term “patent pending” can have benefits. For example, in the event that a competitor infringes on the patent, having “patent pending” can help strengthen a claim that the competitor knew the product or process existed.
Additionally, “patent pending” can be a beneficial term in a business context. From a marketing standpoint, the term can show consumers your product is new or novel and that you’re the exclusive manufacturer or distributor of said product. It can help to establish your credibility in the market.
It can also be valuable if your business is looking to exit or get acquired. Often, intellectual property can play a big role in an exit strategy. Schell IP in Boulder, Colorado has helped hundreds of clients develop patent strategies to support their business goals.
Working with Innovations
As a patent lawyer who has worked with thousands of inventors and led three multi-million dollar companies, I can tell you that obtaining patents is crucial for protecting and leveraging your innovations. I love working with new products and innovations, and I’m here to help.
The team at Schell IP has acquired hundreds of patents and has generated or raised over $50 million for clients. Whether you have an existing patent or are looking to apply for one, our team is here to help.
If you have any questions or need further assistance with your innovation, you can schedule a free consultation now.
