Legal Definitions - Patent pending

Patent pending is a legal notice used to inform the public that an application for a patent has been filed with a patent office (such as the U.S. Patent and Trademark Office) for a specific invention. It signifies that the inventor or company is actively seeking patent protection for their innovation.

While an invention marked "patent pending" does not yet have a granted patent and therefore isn't fully protected against infringement, the label serves as a warning to potential competitors that a patent may eventually be issued. This phrase can only be used truthfully if a patent application has actually been submitted; false use can lead to legal penalties.

• Example 1: New Drone Technology

  A drone manufacturer develops a revolutionary battery system that allows their drones to fly for significantly longer periods than competitors' models. Before launching their new drone line, they file a patent application for this innovative battery technology. On all marketing materials, product packaging, and the drone itself, they prominently display "Patent Pending" next to the description of the battery system.

  Explanation: This indicates to consumers and rival companies that while the patent for the extended-flight battery system hasn't been officially granted yet, the manufacturer has taken the formal step of applying for protection. It serves as a warning to competitors not to copy the technology, as a patent may soon be issued, which would then provide legal grounds to stop unauthorized use.

• Example 2: Innovative Kitchen Gadget

  An independent inventor designs a multi-functional kitchen tool that combines several common utensils into one compact device, featuring a unique locking mechanism for interchangeable heads. After conducting a patent search and believing their invention is novel, they submit a patent application. When they present their prototype to potential investors and retailers, they ensure the device and all related documentation are marked "Patent Pending."

  Explanation: By using "Patent Pending," the inventor signals to investors and the market that they are actively pursuing intellectual property rights for their unique kitchen gadget. This can enhance the perceived value of the invention and deter others from attempting to replicate the design before a patent decision is made.

• Example 3: Advanced Medical Device

  A biomedical startup invents a new surgical instrument that significantly reduces recovery time for a common procedure due to its novel ergonomic design and material composition. Before initiating clinical trials and seeking regulatory approval, the company files a comprehensive patent application for the instrument. All prototypes, technical specifications, and investor presentations prominently feature the "Patent Pending" designation.

  Explanation: In the highly competitive medical device industry, marking the instrument "Patent Pending" communicates to competitors, investors, and regulatory bodies that the company has formally claimed ownership over its innovative design. This proactive step helps establish their claim to the intellectual property early in the development process, even before the patent is fully examined and granted.