What is patent pending?

Patent pending is a term used to describe a patent application that has been submitted to a patent office, but has not yet been approved or granted. This is a critical stage in the process of obtaining a patent, since the application must be approved in order to secure the patent. In South Carolina, a patent pending application is filed with the United States Patent and Trademark Office (USPTO) in Alexandria, Virginia. The application must follow specific requirements set by the USPTO, and must include a description of the invention, drawings and diagrams, prior art references, and a claim. Once the application is received, the USPTO reviews the application for completeness and accuracy. If there are any deficiencies, the applicant will be notified and given the opportunity to correct the errors. The patent pending process can take several years, depending on the complexity of the application. During this time, the applicant may not begin marketing or commercializing the invention. Doing so may result in the patent application being rejected due to prior art that was not disclosed. Once the USPTO has reviewed all the documentation, it will issue either a patent, rejecting the application, or notifying the applicant of any deficiencies in the application. If the application is granted, the inventor can begin the process of commercializing or marketing the invention. The inventor also now has exclusive rights to the invention, so it can’t be sold or used by any other person or company.

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