You’ve developed an innovative product, and one of your top priorities is making sure that you protect your investment – and a key part of this process is filing a patent application.
Now, don’t overlook the importance of using a “patent pending” notice on your invention once the application is in process.
What does “patent pending” mean?
Patent pending is a legal status indicating that a patent application for an invention has been filed – but the patent has yet to be granted. You may only use this notice on your invention and during marketing once you have a provisional patent application (PPA) filed. (In other words, you can’t use it until that filing date is secured, even if you intend to file the patent application in the future.)
The phrase “patent pending” is more than a formality. It’s a strategic move that can help protect your future. Although you have no enforceable rights (yet), the notice serves as an official warning that a patent may be coming – and copycats may be sued once that patent is granted. It’s much harder for an intellectual property thief to claim they acted unintentionally if that notice is in use.
“Patent pending” also serves to establish your competitive edge. It can enhance the credibility and perceived value of your product both with consumers and investors, who often view this notice as a sign that a product is innovative and unique.
Ultimately, you can’t afford to wait around on the patent process to protect your intellectual property rights. Legal guidance can help you make certain that you follow the correct procedures.