The Value of “Patent Pending” Status
We see products everywhere, with “patent pending” stamped on its label, boasted about in its advertisement, or casually mentioned in the literature that accompanies it. So what exactly does patent pending mean?
Traditionally, patent pending means that a full patent application has been filed with the United States Patent Office. Usually, it also means that the person who applied for the patent (known as the “applicant”) is still waiting to see if the Patent Office is going to grant the patent. Once the patent is granted, the product will usually be labeled “patented” and list the patent number.
Since 1996, patent pending can mean something else. It might mean that the applicant filed a provisional patent application. A provisional patent application isn’t the type of patent application which will ever get reviewed by the Patent Office, and considered for a patent grant. The provisional, however, gives the inventor a ‘foot in the door’ at the Patent Office. It allows the inventor keep priority over other inventors towards getting the patent for a full year, provided that they file a full patent application during that year.
Whether a full patent or a provisional patent has been filed, the inventor can legitimately mark the product patent pending. Products marked patent pending tend to keep most would-be copiers away. Since details of the patent filing are usually shrouded in secrecy, competitors don’t know when you filed your patent application, what type of application you filed. For all they know, if they were to invest in copying your invention today, your patent might be granted next week, and they could lose their investment.
So what is the value of patent pending status? The value is that either way, the inventor has priority toward getting the patent over other, later inventors. In fact they have priority over anyone who might try to copy the invention and surreptitiously try to get their own patent. It is for this reason, that most people feel that patent pending is a safe time to begin marketing their products.
