As an inventor or entrepreneur, few phrases are as exciting as "patent pending." You might see these words on product packaging or hear them mentioned in startup pitches. But what does patent pending actually signify, and why do inventors care about it so much? Simply put, "patent pending" means a patent application has been filed for an invention and is now in process at the patent office. In this post, we'll explain what patent pending really means, why it matters, and how you can get your own invention to patent-pending status.
What Does "Patent Pending" Mean?
"Patent pending" is essentially a public notice that a patent application has been submitted for your invention. In essence, your patent paperwork is filed and you're waiting for the patent office to examine it. Importantly, it does not mean you have an issued patent yet. No legal rights are granted during this pending stage - you can't sue anyone for infringement until the patent is actually approved. However, you have secured a filing date and put the world on notice that you're first in line for this invention under the law.
Once you have a patent application on file, you are officially allowed to use the label "Patent Pending" in connection with your invention. You might put it on your product, your website, or your pitch deck. This serves as a warning to others that a patent may be coming. (And remember, you must actually have a patent application filed to use this term - calling something patent pending when you haven't filed is against the law.)
Why Patent Pending Matters
Why do those two words carry so much weight? Because patent pending status provides several advantages to an inventor:
- Deterrence to copycats: A "patent pending" notice can make competitors think twice about copying your product or idea. It signals that if they infringe now, they could face legal trouble once your patent is granted. In other words, it buys you some breathing room. Seeing a patent pending label is often enough to dissuade would-be imitators.
- Credibility with investors and partners: For startups, having patent pending on your technology can be a credibility booster. It shows investors, partners, or customers that you have taken concrete steps to protect your intellectual property. It can elevate your company above others who haven't protected their ideas.
- Freedom to disclose your idea (with protection): Before filing, openly sharing your invention is risky (you could lose patent rights). But once you have a patent pending, you can more comfortably showcase your idea to the world, knowing you've locked in your priority date. For instance, you can pitch to investors or launch your product and say "we have a patent pending" - which both sounds good and gives you some safeguard. (You should still be careful not to reveal new details that weren't in your application, but at least what's covered in your filing is protected.)
Keep in mind that patent pending does not equal a patent - you don't have enforceable rights yet. But it is a critical period in which you have staked your claim. Many inventions sit in patent-pending status for a couple of years while the USPTO examination is underway, and during that time these benefits can be invaluable.
How to Get Patent Pending Status
So, how do you go from having an idea to being able to say "patent pending"? The process is simpler than you might think. Here are the basic steps:
- File a patent application. The only way to get patent pending status is to file a patent application with the patent office. In the U.S., this means filing either a provisional patent application or a non-provisional (utility) patent application. (Either one will make your invention "patent pending.") Choose the route that fits your situation: a provisional application is the quickest and least expensive way to get patent pending for your idea, while a non-provisional application is more involved but starts the examination process toward an actual patent. You'll need to prepare a description of your invention (and optionally drawings) and pay the required USPTO filing fee. Once you submit the application, the USPTO will officially log it and issue a filing receipt or application number.
- Start using "Patent Pending." As soon as your application is filed and you have confirmation, you are free to mark your product or invention as "Patent Pending." You don't need special permission or a certificate for this - the filing receipt is enough. Now is the time to put "Patent Pending" on your product packaging, website, marketing materials, or anywhere relevant. This lets everyone know you've taken legal steps. (Pro tip: some inventors even mention "Patent Pending Application No. [XYZ]" in investor materials to highlight their filed application.)
- Follow up (keep the process moving). Patent pending is a temporary status. If you filed a provisional application to quickly get patent pending, note that a provisional lasts for 12 months. You must file a corresponding non-provisional application within that 12-month window to maintain continuity and officially go after a real patent. If you don't, your patent pending status from the provisional will expire. On the other hand, if you filed a non-provisional initially, your patent pending status will last until that application is examined and granted or rejected - just be prepared to work with a patent examiner and possibly make some changes to get to allowance.
By following these steps, you'll secure patent pending status for your invention. This status can be achieved surprisingly fast - often it takes just days or weeks to prepare and file a decent provisional application, and then you're officially patent pending.
Start your provisional patent application with Patentsmith and get your idea on the patent track! Patentsmith's platform is designed to help solo inventors and startups file their applications smoothly. Reaching patent pending is a big milestone in protecting your idea, so don't wait - take action and secure that early filing date for your innovation today.
