What “patent pending” means, and what it does for you
The two words you can use the day a provisional is filed, and what they do and do not protect.
What it means
“Patent pending” means an application is on file at the USPTO. It does not mean a patent has been granted, and it gives you no right to sue anyone yet.
What it does
It puts competitors on notice. Once your application publishes, you may be able to claim provisional rights to a reasonable royalty for infringement between publication and grant. It also matters to investors and customers who ask about IP.
When you can say it
From the day a provisional or nonprovisional is filed, until the application is abandoned or granted. Marking a product “patent pending” with no application on file is false marking and carries penalties.
The 12 month clock
A provisional expires after 12 months. If you do not file a nonprovisional by then, “patent pending” ends and you lose the priority date. Our portal shows this deadline on every matter.
What it costs to get there
With us, $4,500 for the provisional, credited in full when you continue. USPTO fee: $130 for a small entity.