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[13]. 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[14]. 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[15]. 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[16].
- 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