Understanding Patent Pending
Patent pending is a term used to describe the status of a patent application that has been filed with the United States Patent and Trademark Office (USPTO) but has not yet been granted. This status indicates that the application is currently under review and the invention is protected from infringement.
During this period, the applicant can use the term 'patent pending' to notify the public that a patent application has been filed, which can help deter others from making, using, or selling the invention without permission.
How Long Does Patent Pending Last
The patent pending period typically lasts for one to three years, depending on the type of patent application filed. For provisional patent applications, the pending period is usually 12 months, while non-provisional patent applications can take several years to process.
It's essential to note that the patent pending status does not guarantee the grant of a patent, and the application may be rejected or require significant revisions before approval.
Types of Patent Applications
There are two main types of patent applications: provisional and non-provisional. A provisional patent application is a temporary application that allows inventors to file for a patent without the formalities of a non-provisional application.
A non-provisional patent application, on the other hand, is a formal application that requires a detailed description of the invention, drawings, and claims, and is examined by the USPTO for patentability.
Benefits of Patent Pending
The patent pending status provides several benefits to inventors, including the ability to market and promote their invention while the application is under review. This can help attract investors, partners, and customers, and can also increase the value of the invention.
Additionally, the patent pending status can help prevent others from copying or stealing the invention, as it puts them on notice that a patent application has been filed.
Next Steps After Patent Pending
After the patent pending period, the USPTO will either grant or reject the patent application. If the application is granted, the inventor will be issued a patent, which provides exclusive rights to make, use, and sell the invention for a specified period.
If the application is rejected, the inventor can appeal the decision or revise and resubmit the application, which can be a time-consuming and costly process.
Frequently Asked Questions
What does patent pending mean for my business?
Patent pending indicates that your invention is under review and protected from infringement, allowing you to market and promote it while the application is pending.
How long does it take to get a patent after filing?
The time it takes to get a patent after filing can vary from one to three years, depending on the type of patent application and the complexity of the invention.
Can I use the term patent pending before filing an application?
No, you cannot use the term patent pending before filing an application, as it is only applicable after a patent application has been filed with the USPTO.
What happens if my patent application is rejected?
If your patent application is rejected, you can appeal the decision or revise and resubmit the application, which can be a time-consuming and costly process.
Can I sell my invention while it's patent pending?
Yes, you can sell your invention while it's patent pending, but you must disclose the patent pending status to potential buyers and licensees.
How do I maintain my patent pending status?
To maintain your patent pending status, you must respond to any office actions from the USPTO and pay any required fees, such as maintenance fees and extension fees.