Patent Attorney and Founder
Let’s break down what the “patent pending” mark on a product really means. You’ve probably seen it before—maybe on something you’ve bought, or on a product you’ve been eyeing. But what does it actually tell you?
I’m JD Houvener, a patent attorney and the owner of Bold Patents Law Firm. Over my 10+ years in the field, I’ve helped thousands of inventors secure nearly 500 patents. Today, I’m here to walk you through what the “patent pending” label means, and why it matters—whether you’re a consumer, a competitor, or someone looking to protect your own product.
When you see “patent pending,” it’s a legal notice to let you know that the inventor or company is in the process of securing a patent for the product. The important part? If you copy or make a similar product during that time, you could be in hot water. Once you see that label, you’ve been officially warned. And if you steal the idea, you could be on the hook for much higher damages. This is called “willful infringement,” and it’s no joke—it could even lead to “treble damages” in federal court.
But here’s where it gets interesting. If a company marks their product with “patent pending” when they don’t actually have a pending patent, they’re breaking the law. It’s a form of false advertising, and it could cost them up to $500 per item they’ve falsely marked. For a large company with many products, that could easily add up to hundreds of thousands—or even millions—of dollars. While the government handles criminal penalties for false marking, if you’re the one being wronged, you can use this against them in a counterclaim if they sue you for infringement.
Now, let’s talk about the other common patent label: “US Patent.” If you see something like “USPC” followed by a number, it means the product is already patented. This is clear evidence that the inventor owns the patent. You can easily look up that patent number online—either through Google Patents or the official USPTO website—and learn exactly what’s protected by that patent. This is the gold standard for notice, because it’s specific and easy to verify.
In contrast, if a product just links to a website where you can look up the patent, that’s a little weaker. It’s not as clear, and it could be harder for someone to prove they were properly notified. It’s something to keep in mind, especially if a company tries to claim you knowingly infringed on their patent when the actual details were harder to find.
So, in short: Always pay attention to patent markings. Whether it’s “patent pending” or an actual patent number, these labels are important. And if someone’s marking falsely, they could be facing serious legal consequences.
Hope that clears things up. Have a great day, and as always—go bold!