Innovation is the driving force for progress. New ideas, while they might be amazing for mankind, need additional protection. One way to protect your inventions is through the patent process and the key term you will hear is the patent pending.

 
But what exactly is a patent pending and what are the benefits, the application process, and global implications? We’ll discover more in this article and dive deeper into the patent-pending meaning.

What is Patent Pending?

 
The term “patent pending” often appears in the world of innovation. Este término se utiliza para describir diversos productos, tecnologías y procesos innovadores que están en proceso de tramitación para obtener una patente. If you are looking for a simple patent pending definition we could say this: “Patent pending signifies that the patent application has been filed but not yet granted.”

 
This status, even though it’s not final, adds a layer of legal protection while the patent office reviews the application.

How to Get a Patent Pending Application?

 
Now that we understand the meaning of patent pending you might be wondering how to patent your idea. There are several important steps you need to take in the patent process:

• • First, you need to conduct detailed research and find out if your invention is unique. Many amazing ideas already exist, so you might be surprised to find your competition.

• • Next, you should prepare the patent application. The application document includes descriptions, claims, drawings, and abstracts of your invention. It is crucial to consider the number of pages in your application, as it can affect the cost and the presentation of your invention. Ensure that the pages are well-organized and formatted correctly to meet the requirements of the patent office.

• Lastly, file the application with the relevant patent office.

 
Once submitted, your application receives the “patent pending” status. During this period, the patent office reviews your application. This process can take months or even years, depending on the complexity and workload of the patent office. Throughout this time, you can label your product as “patent pending,” which offers significant advantages.

Benefits of Patent Pending Status

 
So, you might have the pat pending symbol on your product or service, but is it beneficial for your business? The simple answer is yes, you will soon notice that patents make all the difference in this competitive market. Here are a few compelling reasons why patent pending status is so important: Las innovaciones con contenido pendiente de patente ofrecen ventajas significativas sobre otras tecnologías o métodos existentes.

Market Advantage

 
Displaying “patent pending” on your product can provide a competitive edge. It signals to people, including consumers and competitors, that you have a unique innovation. This status can boost your product’s credibility and market value.

Investor Attraction

 
Investors are more likely to fund projects that have a “patent pending” status, as it demonstrates the owner’s commitment to protecting their intellectual property. It shows that you are serious about protecting your intellectual property. This can lead to increased funding and support for your invention.

Deterrent to Competitors

 
The “patent pending” label serves as a warning to competitors. It shows them that legal actions can be taken once the patent is granted. This deterrence can help protect your market share and prevent unauthorized use of your invention. The work involved in the patent application process demonstrates your commitment to securing your intellectual property.

Differences Between Provisional and Non-Provisional Patents

 
A provisional patent application is a cost-effective way to secure an early filing date and establish “patent pending” status. It requires a detailed description of the invention but is less formal and does not need specific claims or formal drawings. This allows inventors to gauge the commercial viability of their invention and refine it over 12 months without the high costs and complexities of a full patent application.

 
On the other hand, a non-provisional patent application is a comprehensive document that includes detailed descriptions, formal drawings, specific claims, and a thorough background of the invention. This application undergoes a rigorous examination process by the patent office and, if granted, results in a full patent that provides enforceable rights against infringers. 

 
The non-provisional patent application is more expensive and time-consuming but necessary for obtaining full patent protection. Inventors often use provisional patents to secure an early filing date and then file a non-provisional application within 12 months to pursue full patent protection.

• The graph below illustrates the cost comparison between provisional and non-provisional patents over time. The blue dashed line represents the cost of a provisional patent application, which starts at approximately $2,750 and includes an additional $10,000 when transitioning to a non-provisional patent after 12 months. The green line represents the cost of a non-provisional patent application, starting at around $8,000 and increasing gradually with additional examination costs spread over 24 months. 

 
We created this visual aid to help you understand the cost differences and timelines involved in securing patent protection.

 
Source: USPTO 

Common Misconceptions 

 
While we agree that there are many benefits to patenting your ideas and products, it’s important to note — the patent is not guaranteed. The application is still under review, and the outcome is uncertain. Also, “patent pending” does not provide complete legal protection. It mainly acts as a deterrent rather than a definitive shield against infringement.

What Happens When the Patent is Granted to the Owner?

Once the patent office grants your patent, the status changes from “patent pending” to “patented.” This transition brings several important benefits and responsibilities:

• • Exclusive rights: As the patent holder, you now have the exclusive right to make, use, sell, or import the invention. This exclusivity typically lasts for 20 years from the filing date of the non-provisional application, depending on the type of patent.

• • Enforcement: With a granted patent, you can take legal action against any party that infringes on your patent rights. This can involve lawsuits to stop unauthorized use and potentially recover damages.

• • Maintenance fees: To keep your patent in force, you must pay periodic maintenance fees. These fees are due at regular intervals, usually 3.5, 7.5, and 11.5 years after the patent is granted.

• Monetization opportunities: A granted patent can be a valuable asset. You can license the patent to others, allowing them to use your invention in exchange for royalties. Alternatively, you can sell the patent outright.

Patent Pending and International Considerations

 
Patent laws vary across countries. Thus, the “patent pending” status also differs internationally. In the United States, once you file a provisional patent application, you can claim “patent pending.” However, in Europe, the process might differ slightly. 

 
When seeking international patent protection, consider filing through the Patent Cooperation Treaty (PCT). The PCT streamlines the process of applying for patents in multiple countries. It allows you to file one international application, which is then reviewed by various national or regional patent offices.

Got Questions?

 
If you have any questions about patent pending status or how it can impact your business, feel free to reach out to us and our team of experts. We are here to help you understand and use patent law to your advantage.

 
Looking to secure a patent, navigate the patent application process, or protect your intellectual property? Our team can guide you through conducting a thorough patent search and filing your application. Whether you need advice on how to patent an idea, consultation on provisional versus non-provisional patents, understanding patent office requirements, or protecting against infringement, we’re here to help.

 
Reach out to our team and schedule your one-on-one consultation now.