Patent Attorney and Founder
So, what’s the difference between “patent pending” and “patent issued”? Let me explain.
Hi, I’m JD Houvener, the founder of Bold Patent Law Firm. Over the last 10 years, I’ve helped inventors and business owners get close to 500 patents. I’m also the author of Bold Ideas and Inventor Guided Patents. I’ve created a helpful inventor’s kit, which you can download below. It includes a PDF and tutorials on how to search patents and draft applications.
Let’s talk about patent pending and patent issued.
When your patent is pending, that just means you’ve filed your application with the USPTO. Whether it’s a design, utility, provisional, or any other kind of patent, once you submit your application and get a receipt, you can use the term “patent pending.” You can even put the “patent pending” label on your product, both physical and digital.
But “patent pending” doesn’t last forever. If your application gets abandoned or you don’t respond to the USPTO’s feedback, then it’s no longer pending. We’ll cover how to respond to office actions in another video.
On the other hand, patent issued means you’ve made it! The USPTO has reviewed your application, and the examiner has approved it. After you pay a final fee, you get your official patent number. For utility patents, there are over 11 million patents already issued, so you won’t get your number until your application is fully processed.
When you get a patent issued, you have the right to stop others from making, using, or selling your invention in the U.S. Utility patents last 20 years from the filing date, but if it takes a year or two to process, you’ll have about 18 years to protect it. Design patents last 15 years.
For utility patents, though, there’s more to do. You’ll need to pay maintenance fees three times during the life of your patent to keep it active. If you forget, the patent can expire early.
One important note: don’t put “patent pending” on products if your application has been abandoned or expired. That’s illegal and could lead to trouble. If your application is still active, it’s okay to use “patent pending.”
Once you get your patent issued, make sure to update your product labels with the official patent number. This isn’t just to impress customers—it’s to make sure that if someone tries to copy your invention, they know it’s already patented. If someone knowingly copies your invention, you can go after them for extra damages because it’s considered willful infringement.
I hope this helps clear up the difference between “patent pending” and “patent issued.” If you have any questions, feel free to leave them in the comments below. And don’t forget to download your inventor’s kit and take action today.
I’m JD Houvener from Bold Patents. Have a great day, and go big, go bold!