Get Patent Pending

Q:  What does it mean if an item is "Patent Pending"?
A:  It means that an application is on file for that item in the United States Patent and Trademark Office.  The phrase "Patent Pending" is used by manufacturers and sellers as a notice to the public about their application.  It is against the law to use "Patent Pending" falsely to deceive the public.

 There are two ways to get "Patent Pending" status for your invention:

(1) File a Provisional Application

If you want to file a provisional application, you can get started now!
Q:  "WHAT IS A PROVISIONAL APPLICATION... in 1 short sentence?"
A:   "A fast, simplified, invention placeholder lasting 12 months."

Q:  WHAT ARE SOME FEATURES OF A PROVISIONAL APPLICATION
A:   Some provisional application features include:
  • Providing simplified filing with a lower initial investment with 12 months to assess the invention’s commercial potential before committing to higher cost of filing and prosecuting a non-provisional application for patent.
  • Establishing official United States patent application filing date for the invention.
  • Permitting authorized use of “Patent Pending” notice for 12 months in connection with the description of the invention.
  • Beginning the Paris Convention priority year.
  • Enabling immediate commercial promotion of invention with greater security against having the invention stolen.
  • Permitting inventor(s) to obtain USPTO certified copies.
  • Providing for submission of additional inventor names by petition if omission occurred without deceptive intent (deletions are also possible by petition).
BUT IT'S NOT ALL FEATURES.  HERE ARE SOME WARNINGS:
  • A provisional application automatically becomes abandoned when its pendency period expires 12 months after the provisional application filing date by operation of law. Applicants must file a non-provisional application claiming benefit of the earlier provisional application filing date in the USPTO before the provisional application pendency period expires in order to preserve any benefit from the provisional application filing.
  • Beware that an applicant whose invention is “in use” or “on sale” in the United States during the 12 month provisional application pendency period may lose more than the benefit of the provisional application filing date if the 12 month provisional application pendency period expires before a corresponding non-provisional application is filed. Such an applicant may also lose the right to ever patent the invention.
  • A claim under for the benefit of a prior provisional application must be filed during the pendency of the non-provisional application, and within four months of the non-provisional application filing date or within sixteen months of the provisional application filing date (whichever is later).
  • Independent inventors should fully understand that a provisional application will not mature into a granted patent without further submissions by the inventor. Some "invention promotion" firms misuse the provisional application process, leaving the inventor with no patent.

(2) File a Non-Provisional Application

If you want to file a non-provisional application, or want help with a provisional application, contact us!
Q:  "WHAT IS A NON-PROVISIONAL APPLICATION?"
A:   A formal application that will be examined by the USPTO for patentability, and thereafter either rejected or allowed.
Non-Provisional applications explained further...
  • What is a Patent? A patent is a limited duration property right relating to an invention, granted by the United States Patent and Trademark Office, in exchange for public disclosure of the invention.  Generally, the USPTO will grant a patent for any product, process, article of manufacture, or anything else under the sun that is made by humans, if it is new, useful and non-obvious.
  • How long does a Patent last? A patent typically lasts for 20 years from the date of filing.  In some circumstances the patent may last longer, such as in the case where a provisional application is filed, or when a patent term adjustment is granted with an issued utility patent.  Design patents, which protect the ornamental designs of products, last for 14 years from the date of issuance.
  • What good does a Patent do? 
    A patent grants the owner a right to exclude others from making, using, or selling the patented invention, while simultaneously creating a record of what exactly was invented.  That record preserves the know-how of the invention, essentially serving as an archive for technology.
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