“Patent pending” and “patent applied for” mean the same thing and can be used interchangeably by applicants. They inform consumers and competitors that legal protection is being sought. Affixing the notice is encouraged by patent agencies and can deter competing applications and illicit products. Improper use of the label can result in severe penalties.
Individuals or entities who have applied for patent protection through their government’s patent authority typically have the right to identify covered products as “patent pending” or “patent pending” until a final decision is made. . In practice, there is no difference between the two sentences. The term “patent pending” indicates that a patent has been applied for, but not yet granted: “patent pending” means exactly the same thing. Patent applicants in most countries can choose between the two interchangeably, although neither is ever required.
Patents are among the most complex intellectual property rights. They cover the mechanics of how something is done and apply to the method of creating or formulating something. Patent protection is very important for inventors, but it can take a long time to formalize patent rights. For this reason, most countries allow inventors awaiting a patent decision to inform others that at least the patent rights have been applied for.
When a product label or marketing material says “patent pending” or “patent pending,” that is sometimes shortened to “pat. pending.” — consumers and competitors are informed that the creator seeks legal protections. The patent granting process, in addition to being timely, is also largely hierarchical. Usually, the first to claim a patent for a given method or process usually has seniority. In most cases, seniority applies at the time a patent application is filed, not necessarily at the time it is granted. Knowledge that a patent has been applied for can deter competing patent applications as well as the creation of illicit products.
Both the United States Patent and Trademark Office, or USPTO, and the United Kingdom Intellectual Property Office, or IPO, specifically encourage patent applicants to advertise products as patent pending once the application for patent has been filed. “Patent pending” notices offer inventors a way to alert the consumer public that the rights underlying the product and its manufacture are not up for grabs. Affixing a notice also lets the patent agency know that the applicant is serious about protecting the rights.
The notice may be on the product itself, in marketing or advertising materials, on product websites, or anywhere the product is mentioned or discussed. However, severe penalties exist in most countries for improper use of the “patent pending” or “patent pending” labels. An applicant whose patent application has been rejected must remove a “patent pending” designation from all products, as the patent is effectively no longer pending. The same is true if a patent is granted: an inventor can indicate that the product is protected by a patent, but cannot say “patent pending” if the patent is actually in force. If the pending patent is foreign in nature, many countries also require a patent pending notice to clarify the geographical boundaries.
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