Patent Attorney and Founder
What’s the difference between “patent pending” and “patent issued”?
Great question. So, “patent pending” just means you’ve filed a patent application. That’s it. It could be a provisional or a non-provisional, doesn’t matter. As long as it’s on file with the USPTO, you can start using the term patent pending.
Now, “patent issued” means you’ve made it all the way through the process. The examiner reviewed your application, approved it, and the patent office formally issued it. Only then do you have an issued patent.
Kind of like trademarks, right? What is the difference between using ™ and ®?
Exactly. We tell clients: once we file the trademark application and get a serial number, they can go ahead and use the ™ symbol. But they can’t use the encircled ® until they receive a full registration, usually around 14 months later, sometimes longer.
Which is wild, considering how many examiners the USPTO brought on last year.
Right? I heard they have over 8,000 now, maybe more. Still, the backlog is real, especially for patents.
Yeah. On the patent side, it can easily take two to three years to go from “pending” to “issued.” Sometimes longer if you’re in a crowded field like AI. That space is jam-packed.
That said, we’ve seen some success speeding things up. With Track One or First-Time Filer programs, you can get pushed to the front. We’ve even had a few patents get filed and issued in the same year.
Not common, but possible.
I wish we had a fast track like that for trademarks.
Same. The closest we got was during COVID, if your product was pandemic-related, you could sometimes skip the line. Otherwise? It’s a waiting game.
Honestly, if they let trademark filers pay a little extra to expedite, people would jump on it. That’d be a solid revenue stream for the USPTO.
Yeah, someone should pitch that.