Using the Term ‘Patent Pending'

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Why are some products marked ‘patent pending'?

Using the Term ‘Patent Pending'

When you patent new invention ideas, but want to begin marketing prior to receiving formal notice on your patent application, it is a smart idea to mark your product and marketing materials with the term "patent pending."

Often, companies are looking for a rapid time to market for their new products because of the competitive advantage it brings them. They cannot wait for the time it takes for the US Patent and Trademark Office to deliberate on their patent. By adding the term ‘patent pending' they are warning potential competitors that a patent is in progress. If a patent is granted for the new product and a competitor's product infringes the granted patent, the inventor will have the right to stop the competitor from making, using or selling the product.



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