What Does Patent Pending Mean? A Comprehensive Legal Overview
Definition & Meaning
Patent pending refers to a status that indicates a patent application has been filed with the U.S. Patent and Trademark Office (USPTO), but the patent has not yet been granted. This term serves as a notice to the public that the inventor is seeking legal protection for their invention. The abbreviation "pat. pend." is commonly used. Using this term falsely can lead to legal penalties, as it is intended to prevent deception regarding the patent status of a product.
Legal Use & context
Patent pending is primarily used in intellectual property law. It is relevant in various legal contexts, including:
- Intellectual property disputes
- Business and commercial law, especially for startups and inventors
- Product liability cases where patent status may be relevant
Individuals can manage their patent applications using resources like US Legal Forms, which offers templates and guidance for filing patent applications.
Real-world examples
Here are a couple of examples of abatement:
Example 1: An inventor creates a new type of kitchen gadget and files a patent application. While waiting for approval, they label their product as "patent pending" to inform potential customers and competitors of their pending legal rights.
Example 2: A company falsely claims "patent pending" on a product that has not had a patent application filed, leading to legal action for misleading consumers. (hypothetical example)