What is patent pending?

Patent pending is a legal term that describes a process someone goes through when they are trying to get a patent for an invention. When someone has a new invention, they can file an application with the US Patent and Trademark Office. This application is called a “patent pending” because it signals that the application is currently under review. Depending on the complexity of the invention, it typically takes 6-12 months for the USPTO to review an application and make a decision whether or not to grant a patent. During this time, the inventor is able to mark their invention as “patent pending” and benefit from certain legal protections. In North Carolina, this includes a limited form of protection that helps to prevent people from infringing on the inventor’s rights while the application is pending. This means that if someone infringes on the invention during the time it is “patent pending”, the inventor can sue them for infringing on the invention despite not yet having a patent. Overall, “patent pending” is an important term that describes the period of time between when an invention is first filed with the USPTO, and when the USPTO makes a decision whether or not to grant the patent. During this time, the inventor is able to benefit from certain legal protections and be able to prevent others from infringing on their rights.

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What is patent pending?

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