Is there a difference between "patent pending" and "patent applied for"? 9 Answers as of October 17, 2012

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Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Nothing except patent pending is what you want to label your good with.
Answer Applies to: Oregon
Replied: 10/17/2012
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
According to the patent office any indication that an application is pending is an indication that an invention is "patent pending". If an invention is not patent pending and a person marks the product as "patent pending", "patent applied for" or others and there is NO application that is pending is a violation and punishable by a fee for each occurrence. Some people believe that using alternative language is not effected by the rule, but anything that falsely implies that an application IS (or was) pending is a violation.
Answer Applies to: California
Replied: 10/17/2012
DANIEL NESBITT
DANIEL NESBITT | Hasse & Nesbitt
No difference.
Answer Applies to: Ohio
Replied: 10/17/2012
Tran & Associates | Bao Tran
Patent pending is the official term. Patent applied for gives notice to people, so it is the same, but I recommend using the terms most people use of "Patent Pending"
Answer Applies to: California
Replied: 10/17/2012
Ochoa and Associates
Ochoa and Associates | Susan Ochoa Spiering
no, both are patent marking labels.
Answer Applies to: Texas
Replied: 10/17/2012
    Eminent IP, P.C.
    Eminent IP, P.C. | Paul C. Oestreich
    No. The terms are synonymous. Both mean that a patent application has been filed, but no patent rights have yet issued.
    Answer Applies to: Utah
    Replied: 10/16/2012
    Banner & Witcoff, Ltd. | Ernie Linek
    No."Patent pending" and "patent applied for" are both terms used in the US Patent Law (35 USC 292) to signify that a patent application has been filed for a particular invention; namely the invention described in the document filed in the US Patent and Trademark Office.
    Answer Applies to: Massachusetts
    Replied: 10/16/2012
    Michael M. Ahmadshahi
    Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
    It's the same thing.
    Answer Applies to: California
    Replied: 10/16/2012
    Webb IP Law Group
    Webb IP Law Group | Jason P Webb
    Not really. The only difference I can think of is that you could say patent applied for even if the application was abandoned, but patent pending would stop once the patent application was abandoned.
    Answer Applies to: Utah
    Replied: 10/16/2012
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