Patent pending is a label on your invention that offers some legal protection after filing a provisional or non-provisional patent application. The person or entity that files a patent application has patent pending status until the patent issues or the application abandons.
One can always use the patent pending label in these situations:
- A provisional, utility, or design patent application filing with the USPTO.
- An Office Action has been sent from the USPTO within the last 6 months
- A Notice of Allowance has been sent from the USPTO and one has paid the issue fee. After paying the fees, the issuance of patent is not complete by the USPTO.
So, if you want to file a patent in India, Your Patent Team is the one stop destination for filing patent.
Patent Pending: Key Points
Saying that an invention has a patent pending does not provide any solid legal protection; it is purely for informational purposes. One cannot sue someone for copying the invention while the patent application is still pending. However, one is able to get an injunction to stop the manufacturing of the product until the review process is complete.
Infringement during Patent Pending:
It is unlikely that anyone else will seek to profit from your invention when it has a patent pending. Most businesses and inventors are aware of the potential consequences they may face after the patent grant.
However, if one discovers that someone else is manufacturing his invention during patent pending, he can take advantage of provisional royalty rights. This means he can profit monetarily from any sales that a copier makes from selling your invention. The word “provisional” in provisional royalty rights is unrelated to a provisional application and does not rely on filing of provisional patent application.
Patent Pending to Obtaining a Patent:
After you submit a provisional patent application, you will have one year to file a non-provisional application. There is no way to extend this deadline. Therefore, you must use your one year wisely in order to perfect your invention and prepare to file the non-provisional application. If one does not meet the one year deadline, then he cannot use the term patent pending any further.
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Patent Pending: Advantages
Being able to apply a patent pending label to your invention will protect your invention from copiers who might seek to profit from ingenuity. Although, it does not provide any solid legal protection. The label warns away would-be infringers, and after you obtain a patent, you will be able to take action against them. The pending designation also lets investors know that your invention is close to perfection which help you to secure start-up funding.
Going from patent pending to obtaining a patent is a tricky process. So, one must always ensure of the smooth process with the help of legal experts.
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