What is a Patent Pending Application?

A Patent Pending Application is a legal document filed with a patent office to establish a priority date for your invention. It indicates that you have applied for a patent but have not yet received the granted patent.

How long does a Patent Pending Application last?

The duration of a Patent Pending Application varies by country, but it typically lasts for up to 12 to 24 months. During this time, you can market and sell your invention as “patent pending.”

What rights does a Patent Pending Application provide?

While a Patent Pending Application doesn’t grant you the exclusive rights of a granted patent, it does offer some benefits. It puts the public on notice that you are seeking patent protection, and if your patent is eventually granted, you can enforce your rights dating back to the priority date.

Can I make changes to my invention after filing a Patent Pending Application?

Making significant changes to your invention after filing a Patent Pending Application can complicate the process. It’s essential to consult with a patent attorney or agent to determine the best course of action if changes are necessary.

What happens after the Patent Pending period expires?

Once the Patent Pending period expires, you must either abandon your invention or proceed with a regular patent application. Failing to do so will result in the loss of your priority date.

Can I publicly disclose my invention while it’s Patent Pending?

Yes, you can publicly disclose your invention while it’s Patent Pending. However, be cautious about revealing too much detail, as it could impact your ability to obtain a patent later.

Is my invention protected internationally with a Patent Pending Application?

A Patent Pending Application only provides protection in the country where it is filed. If you want international protection, you’ll need to file patent applications in each desired country.

What are the advantages of filing a Patent Pending Application?

Filing a Patent Pending Application allows you to establish a priority date, deter potential competitors, and begin marketing your invention. It’s a valuable step in the patent process.

What should I include in my Patent Pending Application?

Your Patent Pending Application should include a detailed description of your invention, drawings or diagrams if applicable, and a claim that defines the scope of your invention.