If you are an inventor, you might have heard the term "patent pending" before. But what does it mean, and why is it important? In this post, we will explore the concept of patent pending and its implications for inventors.
What is Patent Pending?
In simple terms, patent pending is a legal status that indicates that a patent application has been filed with the relevant patent office but has not yet been granted. Once a patent application is filed, the inventor can use the term "patent pending" to inform the public that they have applied for a patent and are waiting for the patent office to examine their application.
The patent pending status is not a guarantee that a patent will be granted. It simply means that the inventor has taken the necessary steps to protect their invention and is waiting for the patent office to review their application.
Why is Patent Pending Important?
The patent pending status is important for several reasons. First, it provides a degree of legal protection for the inventor. By filing a patent application, the inventor has established a priority date, which can be used to defend their invention against infringement by others. Second, the patent pending status can deter potential infringers from copying the invention, as they are aware that a patent is pending.
Additionally, having a patent pending can increase the value of the invention. If the invention is commercially viable, potential investors or buyers are more likely to take it seriously if they know that a patent is pending. Furthermore, the patent pending status can provide a competitive advantage, as it signals to the market that the inventor is serious about protecting their invention and is willing to invest time and resources in the patenting process.
What Happens After Patent Pending?
Once a patent application is filed, the patent office will examine the application to determine whether the invention meets the criteria for patentability. If the application is successful, the patent will be granted, and the inventor will be able to use the term "patented" instead of "patent pending". If the application is unsuccessful, the inventor may be able to appeal the decision or modify the application and refile it.
Conclusion
In summary, the patent pending status is an important milestone for inventors. It indicates that the inventor has taken steps to protect their invention and can provide legal protection, deter potential infringers, increase the value of the invention, and provide a competitive advantage. However, it is important to remember that the patent pending status is not a guarantee that a patent will be granted, and the patenting process can be complex and time-consuming. Therefore, it is important to seek the advice of a qualified patent attorney or agent to help navigate the process.