What is a patent pending? 10 Answers as of April 13, 2015

What does patent pending mean?

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Young Basile
Young Basile | Denise Glassmeyer
"Patent pending" on article or associated with a method, process or device means that one or more applications under review at a patent granting authority such as the USPTO are considered to be relevant to the article method or device.
Answer Applies to: Michigan
Replied: 4/13/2015
Webb IP Law Group
Webb IP Law Group | Jason P Webb
"Patent pending" means that the producer of the product has filed a patent application that they believe covers the product that is labeled with "patent pending." It does not mean that they have a registered patent, it mostly means that there is a possibility that some day they may have a patent registration and that if you copy the product you are at some risk of future legal issues.
Answer Applies to: Utah
Replied: 4/13/2015
Gerald R. Black, Esq.
Gerald R. Black, Esq. | Gerald R. Black
The term "Patent Pending" or "Patent Applied For" means that you currently have a Patent Application pending or patent rights protected in the geographical region where the product is being made, used, or sold. If you mark a product "Patent Pending" in the U.S., and there is no Patent Application pending in the U.S. Patent Office, you may have committed a fraud which could jeopardize your Patent if you subsequently file a Patent Application and a Patent is then issued. Patents are territorial by nature. If you want to market the product in Canada, you may eventually need to file a Patent Application in Canada. It is recommended that you consult with a Patent Attorney or Patent Agent if you have an invention that you want to protect.
Answer Applies to: Michigan
Replied: 4/13/2015
DANIEL NESBITT
DANIEL NESBITT | Hasse & Nesbitt
In the US, it means that you have a design or utility patent application pending examination in the United States Patent and Trademark Office.
Answer Applies to: Ohio
Replied: 4/13/2015
Banner & Witcoff, Ltd. | Ernie Linek
Legally - patent pending means that a patent application has been filed in the USPTO on the invention.
Answer Applies to: Massachusetts
Replied: 4/13/2015
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    "Patent pending" means that the owner of the product has submitted an application to the USPTO but the patent hasn't been granted yet.
    Answer Applies to: Nebraska
    Replied: 4/13/2015
    Law Office of Kirk Buhler
    Law Office of Kirk Buhler | Kirk A Buhler
    A "patent pending" means that a patent application has been filed with the patent office, and the application is pending an examination by a patent examiner.
    Answer Applies to: California
    Replied: 4/13/2015
    Microtechnology Law & Analysis | Daniel Flamm
    It means that a patent application for an invention has been filed. Therefore the patent is "pending." A patent based on that application may eventually issue or it may never issue, depending on the examination and prosecution.
    Answer Applies to: California
    Replied: 4/13/2015
    Michael M. Ahmadshahi
    Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
    When you file a patent application with the USPTO that meets the requirements, you get a patent pending number indicating that the patent application has been given a serial number and that it's pending examination.
    Answer Applies to: California
    Replied: 4/13/2015
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    The inventor filed a patent application but it has not been approved.
    Answer Applies to: New York
    Replied: 4/10/2015
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