What Does Patent Pending Mean? Rights, Uses and Limits

Patent Pending means you have filed a patent application, provisional or non-provisional, that is still pending at the USPTO.

What it does

It tells competitors and investors that a filing exists and that a patent may issue. Many companies avoid copying products marked Patent Pending because the future claims are unknown.

What it does not do

It does not let you sue anyone yet. Enforceable rights start only if and when a patent is granted, although some provisional rights may apply in specific situations.

When you can use it

Only after a real application is filed. Marking a product Patent Pending without a filing is false marking and can create liability.

Get there faster

GetQuickPatent helps you prepare a provisional draft quickly so you can file and start using Patent Pending sooner.