What is patent pending?

Patent pending is the status of an invention that has been filed with the United States Patent and Trademark Office (USPTO). The USPTO is the federal agency that grants patents for new inventions or products in the United States. Patent pending status is given to a filed invention that is still under review by the USPTO. During the patent pending period, the inventor can disclose the invention to the public, but she cannot commercially exploit it. In Utah, inventors seeking to protect their inventions must follow the same process as inventors in other states. This includes filing an application with the USPTO, and receiving the patent pending status. The USPTO will then conduct a review of the application, which can take one to two years. This process is to ensure that the invention has not already been patented or is not an obvious invention. In Utah, a patent pending status gives the inventor some protection, such as being able to stop others from exploiting the invention during the review. However, it is important to note that having a patent pending status does not guarantee that a patent will be issued. The USPTO will only grant a patent if the invention is found to be novel and inventive. If rejected, the inventor will need to take further action to pursue their patent.

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