How to Understand the Implications of Patent Applied Status

A patent applied status does not legally protect an invention or design, or exclude others from using or manufacturing it. It merely acts as a deterrent for those attempting to obtain a grant for a similar or identical patent. Follow these steps to learn how it works.

Difficulty: Moderately Easy

Instructions

Things You'll Need:

• Computer with Internet access

1. Follow all filing and application procedures with the United States Patent and Trademark Office before assigning a patent applied status to any invention or design. You must submit the proper applications, which are downloadable from the USPTO Web site, including your written descriptions and drawings of your invention or design (see Resources below).

2. Consult a patent attorney or patent agent during the patent applied period, which is usually less than 18 months after the application. An attorney or agent can expedite the process by responding quickly to USPTO objections and complying with any changes the USPTO may recommend.

3. Understand the implications and legal responsibilities of using the term "patent applied." Use of this term may discourage identical patent applications from competing entities, and warns of possible injunctions, lawsuits or back royalties once the patent is granted. There is, however, no legal recourse to protect your rights until the patent is granted.

4. Consider the penalties and implications of using the term "patent applied" if you have not properly followed the patent application procedures. Not only do you risk future opportunities for obtaining a patent, but you can be prosecuted in a federal court.

Resources

• United States Patent and Trademark Office

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