How to Use "Patent Pending"

When considering whether an invention can be patented, the United State Patent and Trademark Office (USPTO) considers the date when a patent application was filed as evidence of the invention. This can be important, because usually only the first inventor can obtain a patent. Once a patent application is submitted, the invention can be labeled "patent pending." Though this does not offer the same protections as a patent, it discourages imitation that would be infringement if the patent is granted.

Difficulty: Moderately Challenging

Instructions

1. Conduct a patent search. Before you spend the time and money trying to get a new invention patent, conduct a search through the USPTO of both existing patents and pending applications to see if someone's beaten you to the punch. If similar patents exist, these could be helpful in writing the claims of your own patent.

2. Submit a provisional patent application. The USPTO accepts provisional patents (for utility patents only) as a less expensive and less rigorous means of establishing a patent application date. The provisional patent has no formal effect unless a nonprovisional patent is submitted within 12 months and eventually granted, but it does allow you to label your invention as "patent pending."

3. Label your contraption. Once your provisional patent is submitted, you can label your product "patent pending" or "patent applied for."

4. Submit a nonprovisional patent. During the 12 months that a provisional patent is in effect, an inventor has the time to prepare, draft and submit a nonprovisional patent application. The nonprovisional application is necessary to receive a patent, which in turn is what provides protection for the inventor. The USPTO strongly recommends hiring a professional patent attorney when applying for a patent.

Tips & Warnings

• Because an existing patent or application exists doesn't necessarily mean that you can't patent your invention. A professional intellectual property attorney can discern what adjustments you will need to make to get a patentable invention. Using the provisional patent allows you to have your application date set as early as possible, even before you're able to submit a nonprovisional patent. This can be useful if there are competing factions vying for a patent. The 20-year patent period, however, begins from the date the nonprovisional patent issues.
• If a provisional patent expires without a nonprovisional patent application's being submitted, products that had been labeled "patent pending" could be in violation and could be punishable by a fee. Though reasonable care and diligence went into making this article, it should not be relied upon exclusively or construed to give legal advice. Consult a legal professional before using "patent pending."

Resources

• What Does Patent Pending Mean?
• PatentPendingHelp.com
• Provisional Application for Patent

Who Can Help Sponsored

• How to Patent Your Idea Online - LegalZoom