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2024-02-13

When Can I Say Patent Pending for My Invention

Jacob Miller

Learn when you can use the term "patent pending" for your invention and what it means in the patenting process. Discover the nuances by state and example scenarios.

Introduction

If you have an invention that you believe is groundbreaking and want to protect it, you may consider filing for a patent. Patents grant inventors exclusive rights to their inventions, preventing others from making, using, or selling the invention without permission for a certain period.

What Is a Patent?

A patent is a legal document issued by the government that gives the patent holder the exclusive right to their invention for a limited time, typically 20 years from the filing date of the application.

Who Cares About Patents?

Individuals, businesses, and organizations that have developed new and innovative products or processes are the ones who generally care about patents. They want to safeguard their inventions from being copied or used without authorization.

Nuances by State

It's important to note that patent laws are federal, meaning they apply uniformly across the United States. Therefore, the process of obtaining a patent and the rights conferred by a patent are consistent regardless of the state in which the inventor resides.

Example Scenarios

Scenario 1: John invents a new type of energy-efficient engine for vehicles. He submits a patent application to the United States Patent and Trademark Office (USPTO). As soon as the application is filed, John can start using the term "patent pending" to inform others that his invention is in the patenting process.

Scenario 2: Sarah designs a cutting-edge software application for managing finances. She files a provisional patent application to establish an early filing date. Sarah can also use the term "patent pending" from the date of filing the provisional application.

Conclusion

In conclusion, you can start using the term "patent pending" as soon as you file a patent application with the USPTO. This term serves as a notice to the public that you are seeking patent protection for your invention. If you have a groundbreaking invention, consider taking the necessary steps to protect it with a patent.

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