December 1, 2020 is a daily online magazine covering small business news. We help entrepreneurs transform ideas and innovations into greatness.

Articles for Entrepreneurs


Obtaining a Patent


What Does Patent Pending Mean?

Does somebody who has a patent pending actually have a patent? The use of patent-oriented phrases in marketing is quite common, but there's a fair bit of confusion on what the terms mean.

You've probably seen "patent pending" or "patent applied for" on a variety of products and technology offerings.
(article continues below)

Does this mean that the manufacturer has or is soon going to have a patent on their product?

Not necessarily. Manufacturers or sellers of an article will often use these phrases to inform the public that an application for patent is on file with the United States Patent and Trademark Office.

Putting "patent pending" on a product does a couple of things for the manufacturer.

First, it conveys some additional value from a marketing perspective. That's because it informs the consumer that they are getting access to something new and exclusive.

Second, it servers to scare away the competition. Those who might be tempted to create a knockoff product may think twice when they see that a patent has been applied for.

There's no guarantee that the patent will be awarded, mind you. But it's been filed.

So, you might be wondering what prevents a company from claiming to have filed a patent when, in fact, no such patent application exists.

The answer is that claiming to have filed a patent when you haven't done so violates the law. In fact, the law imposes substantial fines on those who use the terms "patent pending" or "patent applied for" falsely to deceive the public.

Related Articles

Want to learn more about this topic? If so, you will enjoy these articles:

Investing in Patents
Patent Attorney Hourly Rates
A World Without Copyright Laws
Is a Patent Application Confidential?

Conversation Board

Do you have questions about obtaining a patent? We welcome your comments, questions and advice regarding patents and patent protection.

Questions, Comments, Tips, and Advice  Code Image - Please contact webmaster if you have problems seeing this image code
Problem Viewing Image
Load New Code



Additional Resources for Entrepreneurs

Search Engine Marketing

Social Marketing Optimization

Business Forms

Business in the Jungle - Business in Fiction - Negotiating

Radio Ad Costs

Newspaper Advertising Rates

City-Specific Resources for Entrepreneurs

Small Business Insurance

Global Entrepreneurship

China & Entrepreneurs