What Does Patent Pending Actually Protect?

Patent pending signals that a patent application has been filed and remains pending; it does not itself grant a right to stop competitors. Enforceable patent rights generally depend on an issued patent and its claims.

When can you use the label?

Use the phrase only when there is a genuine pending application relevant to the invention. Keep marketing and product labels accurate as applications expire, are abandoned or issue.

Can you sue while an application is pending?

A pending application alone generally cannot support a patent infringement suit. Certain published applications may create limited provisional rights after grant if strict statutory conditions are met.

Does a provisional application become public?

A provisional application is not ordinarily published on its own. Its contents may later become accessible through a related published application or issued patent, depending on the circumstances.

Do not confuse the term provisional application with the separate legal concept of provisional rights. Nor does patent pending prove novelty, validity or clearance from someone else's patent.

GetQuickPatent helps draft US provisional applications. Filing and maintaining an appropriate application—not generating a draft—is what matters before using patent pending.