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What is the difference between a patent and a patent pending?

Posted on June 26, 2020 by Author

Table of Contents

  • 1 What is the difference between a patent and a patent pending?
  • 2 Does patent pending mean anything?
  • 3 Can I sell a product that is patent pending?
  • 4 What does patent applied for mean?
  • 5 Is claiming patent pending illegal?
  • 6 Can you sell a patent pending product?
  • 7 How to get a patent pending?
  • 8 What is the definition of patent pending?

What is the difference between a patent and a patent pending?

What Does “Patent Pending” Mean? The most important difference between a patent pending status and holding a patent is that patent pending denotes that a patent application has been filed. “Patent pending” simply means that you have applied for, but have not yet been granted, a patent.

Does patent pending mean anything?

A product or process secures patent pending when a patent application has been filed but is not yet granted. A patent pending is a clear demonstration of an inventor’s intent to pursue protection of an idea. However, the full scope of protection – or indeed whether a patent will even be issued – is far from certain.

Why do so many things say patent pending?

The words Patent Pending have a special meaning under the patent laws of the United States and most other countries. “Patent Pending” simply means that the product contains some feature that is the subject of a patent application that is currently active (pending) at a national trademark office.

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How long is patent pending good for?

1 to 3 years
Patent applications filed in the United States typically have “patent pending” for 1 to 3 years. However, it is not uncommon for some patent applications (e.g. software and electronic applications) to have patent pending status for 3 to 5+ years.

Can I sell a product that is patent pending?

An invention that has received a patent pending status is protected by the USPTO, so you can sell your idea without worry.

What does patent applied for mean?

pending
pending”) or “patent applied for” are legal designations or expressions that can be used in relation to a product or process once a patent application for the product or process has been filed, but prior to the patent being issued or the application abandoned.

Is patent pending good?

You can officially use the patent pending status after you submit an application to the USPTO. This tells other people that your patent application is in process with the USPTO. The patent pending status provides protection because it discourages people from taking your invention.

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How much does a patent pending cost?

What Are Patent Pending Costs? The cost to get patent pending status for your invention is around $1,500 without an attorney. If you hire an attorney, you can expect to pay $10,000 or more for a utility patent and $2,000 for a design patent.

Is claiming patent pending illegal?

It is not a term you can use freely. There is a penalty for saying “patent pending,” if the application has not been submitted yet. If you state, “patent pending” before you have applied for a patent, you are committing fraud on the Patent Office.

Can you sell a patent pending product?

How much does it cost for patent pending?

When can you say patent pending?

(That is, the application eventually goes abandoned.) During the period when it is active at the patent office—which is typically at least 18 months but may be four or more years—you should label your product with Patent Pending.

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How to get a patent pending?

If you want to get a patent pending, all you need to do is file a provisional patent application (PPA) with the U.S. Patent and Trademark Office ( USPTO ). Filing the application involves clearly describing your invention and paying a fee ranging from $65-$260, depending on your business size.

What is the definition of patent pending?

Pending”. “Patent pending” (sometimes abbreviated by “pat. pend.” or “pat. pending”) or “patent applied for” are legal designations or expressions that can be used in relation to a product or process once a patent application for the product or process has been filed, but prior to the patent being issued or the application abandoned.

How do I obtain a patent?

In order to successfully obtain a patent, you must: Be the inventor of the idea; or Have been assigned the invention by another person; or Be a legal representative (administrator or executor of the estate) of the deceased inventor; or Be the co-inventor (contributing more than money) and apply for a patent as joint inventors; and

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