Patent Attorney and Founder
So, you’ve filed your patent and now you’re wondering—am I protected? Hi, I’m JD Houvener, founder of Bold Patents Law Firm. For over 10 years, I’ve helped inventors get their patents, and I’ve worked on almost 500 patent cases. I wrote Bold Ideas, a guide for inventors, so I’ve seen and answered a lot of questions like this. Let’s dive in.
Getting a patent pending is a big deal. You should celebrate, it’s a huge milestone. When you file, you’re officially in the race. Remember, the system is based on who files first, not who invents first. So once you’re patent pending, what’s next?
If you filed a provisional, you’ve got a year to switch to a non-provisional. Once you do that, you’ll be waiting for the USPTO to assign an examiner to your case. Then you’ll either get approval or a rejection.
But here’s the thing: while your patent is pending, you’re not really protected. The truth is, just having a patent pending doesn’t stop anyone from copying your idea. It’s only when your patent is officially granted that you get the full legal power to stop others from making, using, or selling your invention.
So, what can you do now? Here are a few steps to take:
- Mark your product – If it’s a physical product, put “Patent Pending” on it. Keep it simple—no need for extra numbers or application codes. Just those two words, clearly visible, so anyone who sees your product knows you’re in the process of getting protection.
- Digital products – For apps or digital services, make sure “Patent Pending” is easy to spot on your website or within the app itself. It’s more about making sure everyone knows you’re serious about protecting your idea.
- Send a notice letter – If you see someone copying your product while it’s still pending, your patent attorney can send a letter to let them know you’re on your way to getting a patent. It’s a way of saying, “Keep copying, and you’ll be in trouble when my patent is granted.”
Even though you don’t have full protection yet, there’s a silver lining: if someone’s already trying to sell something like your product, it means there’s demand. That’s actually a good sign for your invention’s market potential.
So, while you’re waiting for the patent to be granted, keep these steps in mind to protect your idea. And if you’re just starting out, feel free to grab our free inventor kit. It has helpful tools, including my book, useful links, and a patent success matrix to help you figure out how bold your idea really is.
Good luck, and remember—go big, go bold!