Patent Pending Explained: What It Means & Why It Matters

Ever seen the words “patent pending” on a product and wondered what it means? You’re not alone! It simply means someone has applied for a patent, but it hasn’t been approved yet. If you’re an inventor, business owner, or just curious, knowing what “patent pending” means can help you protect your ideas and avoid legal trouble. In this guide, we’ll explain it in simple terms—what it means, how it works, and why it matters.

What Does “Patent Pending” Mean?

When something is patent pending, that means the inventor has sent in an application for a patent, but has not been given the go-ahead yet. They mean: “My discovery was made, I filled out the paperwork and it’s now ready for assessment.”

Filing a provisional or non-provisional patent application allows the person to use the phrase “patent pending.”

That phrase only means the patent office has acknowledged that the idea is being considered for a patent. It means that authorities are now moving forward with the process to get one.

Why Do Inventors Use “Patent Pending”?

Using patent patent pending provides several key benefits:

1. Public Notice

It signals to competitors and the public that you’ve claimed this idea, and it’s under legal protection consideration.

2. Deterrence

It discourages copycats. Many businesses won’t risk infringing on something that may be patented soon.

3. Time to Test the Market

It gives inventors a grace period to test, pitch, and improve their product while securing a future legal right.

The Legal Power of “Patent Pending”

Here’s the catch: you can’t sue for infringement while your patent is pending. Enforcement only kicks in after the patent is granted. However, once granted, you may be able to recover damages for infringements that occurred during the pending phase, assuming the infringer was notified.

When Can You Use “Patent Pending”?

You can use patent patent pending as soon as your application is filed. This includes:

• Provisional patent applications

• Non-provisional (utility) applications

• Design patent applications

Once your patent is granted, you must switch to “U.S. Patent No. XXXXXXX” or “Patented”.

How Long Does a Patent Stay Pending?

The pending phase can last from a few months to several years, depending on:

• Type of patent (utility vs. design vs. provisional)

• Country of application

• Complexity of the invention

• Backlog at the patent office

💡 Provisional patents last 12 months and cannot be renewed. If you don’t file a non-provisional application within that time, your “patent pending” status expires.

Common Misconceptions About Patent Pending

❌ Myth: “Patent Pending” Means Full Protection

Reality: It’s not a patent—just a pending application. You can’t take legal action yet.

❌ Myth: You Can Say “Patent Pending” Without Filing

Reality: Falsely claiming “patent pending” is illegal and may lead to penalties.

❌ Myth: All Patent Types Are the Same

Reality: Provisional, utility, and design patents serve different purposes and have different timelines.

Using “Patent Patent Pending” in Product Labels

If you’re a business owner or product designer, labeling your products with “patent patent pending” helps:

• Create urgency

• Build brand trust

• Signal innovation

Make sure your application is filed and valid before doing so.

The Strategic Advantage of Patent Pending

Some companies even use the patent patent pending status to attract investors or licensing deals. It shows that:

• You’re serious about protecting your invention.

• You’ve made the first legal move.

• The innovation is unique enough to warrant protection.

What Is the Timeline for Patent Pending?

As soon as a patent is either granted or refused, the “patent pending” label must be changed.

If bestowed: indicate the invention is “Patented” or use the patent number.

👀 If your claim is denied: you are required to stop listing “patent pending” right away.

International Use of “Patent Pending”

Patent systems vary by country, but many accept the term “patent pending” after a Patent Cooperation Treaty (PCT) application is filed.

Keep in mind:

• Laws differ across jurisdictions.

• You must file separately in each country where protection is desired.

Summary: Key Takeaways

Term	Meaning
Patent	A legal right granted to an invention
Patent Pending	The application is filed but not yet approved
Can Sue?	Not until the patent is granted
Labeling	Legal after filing, illegal if used falsely
Expiration	Ends when patent is granted or rejected

Final Thoughts

It is very important for inventors, entrepreneurs and curious consumers to understand the meaning of patent pending. It’s not only what customers see—it means a company is aiming to stay ahead in innovation.

If you’re not sure a market exists for your new invention, you can start by filing for a provisional patent which will let you claim patent pending status as you refine it and see if anyone might buy it.