What exactly does "patent pending" mean?

Question

Thank you everyone but another question: if pending means they still don't have the patent, why does a product that eventualy gets sent overseas still says patent pending on it, does it take that long to pend a patent?

Answer 1

Hi,

if an item is marked "patent pending", this means that one or more patent applications have been filed in relation to that product, but that a patent has not yet been granted. It does indeed take rather a long time (years) for a patent application to mature into a patent, and in fact a patent may be pending, but never actually granted.

There are two main reasons why people mark items "patent pending": firstly to warn off competitors who may try to copy the product, and secondly because in some countries people may be able to plead "innocent infringement" in patent infringement actions to avoid having to pay damages, and if the items are marked patent pending it makes it much harder to claim innocence.

Hope that helps!

Answer 2

A U.S. Patent Office statement indicating that a patent has been applied for but not yet granted.
PATENT - A legal document issued by the United States to the inventor. The inventor, as the owner of the patent, has the right to exclude any other person from making, using, or selling the invention covered by the patent anywhere in the United States for 17 years from the date the patent was issued; A document issued to an inventor by the U.S. Patent and Trademark Office. Contains a detailed description of what the invention is and how to make or use it and provides rights against infringors. (note: due to factors including the Gatt treaty the time period for patents is undergoing changes. 5/95)
Part 2:
Exported items will still have the same information on them, i.e.
Made in U.S.A. Patent Pending

Answer 3

A patent is a document that a person gets when they make something or invent something that nobody els has made before. When someone gets a patenton a product or invention nobody else can make that item. A pending patent means that someone has applied for the patent to secure their invention and it means that is is illegal to try to copy their idea. Therefore patent pending(waiting for approval and to receive documentation that the idea was accepted).

Answer 4

It means that the manufacturer considers one or more aspects of their product to be proprietary (their own) in nature and that a patent has been applied for for that part of the product. It is a way to protect the inventor during the lapse of time between the time a product is invented until the time the patent is ultimately issued. Potentially, a patent may or may not be granted. Patents are granted for new or significantly improved items or aspects of items.

Answer 5

It means the individual or company has applied for a patent on their product. They have not yet been issued one, it is in the pending status.

Answer 6

patent pending means that the patent (legal rights) to a product or idea is awaiting approval, verification, finalisation etc. Not quite legally binding yet.

Answer 7

It means that someone has already applied for a patent at the patent office, so if you are thinking of beating them to the punch, it's too late, they beat you.

Answer 8

A U.S. Patent Office statement indicating that a patent has been applied for but not yet granted.

Answer 9

They've applied for the patent but it hasn't been approved yet.

Answer 10

that the pantent is currently pending