What Does Patent Pending Mean? Part 1 of 3
From Colorado patent attorney Mark Trenner
You may find yourself out shopping at your local retailer and come across an item you find particularly interesting. After further review, you see the words “Patent Pending” stamped right on the packaging. What does this mean? Why is this item marked in this fashion with the words patent pending? To put it simply, the inventor or manufacturer of this product have filed for a patent with the United States Patents and Trade Office (USPTO), and are currently going through the approval process. They are letting you know that they have applied for a patent, although it has not yet been issued, this is their idea for a product. One of the reasons to put this designation on a product is to detour other inventors or manufactures from infringing on your idea. The patent approval process can be lengthy, taking approximately 18 months minimum on the quick end and usually longer to get granted. This allows the inventor time to market their idea before they are actually awarded the patent. Patent pending is a tool used to help protect your ideas from others.
The words “patent pending” may bring up other questions: Does putting patent pending on my product idea have any value? Is my product protected legally because I marked it patent pending?
In short, it can be valuable in the sense that it may keep other inventors from trying to patent this idea if they know a patent may be forthcoming soon. It is commonly thought that just because something is marked patent pending that it won’t stop aggressive competitors from infringing upon an idea.
