What Does “Patent Pending” Mean?

What does “patent pending” mean? Patent pending means that there is a patent application pending approval. It’s important that you understand when you can use the phrase patent pending, why you should mark it, and what your rights are against infringers.

Understanding “Patent Pending” Status

Many people associate invention and exclusivity with the “patent pending” status that inventors or companies assert. The term “patent pending” means that an application for a patent has been filed with the U.S. Patent and Trademark Office (USPTO) and is currently being reviewed.

This status does not imply a patent award or the provision of any enforceable rights. Instead, it alerts the public that the innovation is being patented, which may discourage would-be imitators and give investors and inventors hope that legal protection is on the way.

How long an innovation spends in the “patent pending” stage can differ, as it relies on how long it takes for the USPTO to review a patent application. This ranges from a few months to a few years, depending on factors like the invention’s complexity, the patent application type, and the patent office’s current workload. As of July 2026, the traditional total time it takes for the USPTO to reach a conclusion after an application is submitted is 29.3 months.

While the inventor with a “patent pending” status has made some progress toward obtaining a patent, they are not yet fully protected by law, as they would be with a granted patent. This puts them in a precarious position.

There are several important questions that inventors ask when confronted with a “patent pending” mark made by another inventor, and when they secure their own patent-pending mark.

Question # 1: Has a USPTO Patent Filing Occurred?

If an inventor has properly filed a design, utility, or plant patent application with the USPTO and has received a filing receipt, then that means they are officially “patent pending”. Of course, that’s if the individual or company expressing it is telling the truth, which can be important to assess.

The different types of filings include:

1. Design patent application, for patents of the appearance, shape, or other new and innovative look of a product.
2. Utility patent application, for patents of a new process, machine, or other functional and useful invention.
3. Utility provisional patent application, which is used to get an early filing date before the full application is made.
4. Plant patent application, which is for newly invented or asexually reproduced and discovered plant varieties.
5. Continuation or divisional patent application, which applies when there are additional or separate aspects of the invention being claimed.

The filing receipt proves that a filing did occur. You will get an “official” filing receipt within a couple of weeks after filing.

Note that as the inventor, you may not want to publish a filing receipt publicly. It might tip off competitors far before the patent application gets published. The patent application is published 18 months after the priority filing date.

The 371(c) priority filing date is highlighted in red below, and was 8/21/2014. The filing receipt wasn’t mailed until 9/4/2014.

The filing date on a nonprovisional patent is the most important part of the receipt, as this date will serve as the date that patent protection begins. This protection is where you get the exclusive rights to make, use, and sell the invention, if this patent application gets granted.

The green-highlighted number is your application number. This number is 14/121,351, which can also be shown without the slash as “14121351”. The “14/” designates the year. Your application number can be used when you state your patent-pending status. To be very thorough, you’d use the phrase “Patent Pending Application Number 14121351”.

You should confirm that the inventors were properly identified in the application. This information is in the blue highlighted area.

This patent application, when the receipt was received, was not published. That means it was not findable by the general public.

This is a nonprovisional patent application. You can tell this because it is “claiming benefit” of an earlier filed provisional patent application 61/959,379 and a second provisional 61/959,380.

You can see that those two provisional patent applications were filed on 8/22/2013, which is when the invention first became patent-pending. The nonprovisional patent application was filed almost a year later and can make a priority claim back to the provisional filing date. It’s important to know the difference between a provisional and nonprovisional patent application.

Don’t miss the purple arrow showing when the pending patent application is forecasted to be published: 2/26/2015. This is exactly 18 months after the provisional patent application filing date.

Misconceptions About “Patent Pending”

“Patent pending” may sound powerful, but there are a few common misunderstandings about it:

1. Patentability. “Patent pending” does not always mean that the patent will be granted. If the USPTO thinks that the idea is not new, unobvious, or useful, it could turn down the application.

2. Legal rights. “Patent pending” also doesn’t give you any legal rights to enforce. Inventors can’t file a civil claim for infringement on a patent that is still being processed. They have to wait until the patent is officially issued before going to court against people who break the patent.

3. Invention protection. “Patent pending” is not the same thing as “patent protected.” The second term means that a patent has been issued and that the inventor has full rights to the creation. When an inventor’s patent is pending, they need to be careful about sharing their ideas with other people because they don’t have the full legal protection of a granted patent yet.
4. Infringement deterrent. Having a “patent pending” status can keep some competitors away, but it’s not a guarantee that no one will copy or infringe on your work.

Question # 2: So… is it really “patent pending?”

When someone at a startup venture capital fundraising conference says their product is patent pending, it can increase the interest that investors or others have in the product. In some cases, people believe this means the inventor has some rights or has at least asserted some rights and protection around the product. As you now know, it only means that a patent application was submitted. There are no rights, no grant, and no novelty, and there is no ownership of any kind.

But how can you tell if the invention really is patent pending?

A patent application would need to be public, but only 18 months after it was filed. You can prove whether or not someone has filed an application if the priority date was more than 18 months ago. If it was recently filed, you will not be able to find it.

When you can’t find a patent application, you can ask the individual about their patent application. You may ask where they are in the process, whether they filed provisional or nonprovisional applications, when they filed, or the type of patent they filed for.

If these questions are not met with solid answers, you may be able to determine that the inventor is bluffing or playing dumb, or they honestly did not understand the process.

You can look into things further with the patent application number. You can go to the USPTO website and use the Patent Center. You can search for information about inventions, applicants, and priority dates using the application number.

What Are the Legal Consequences of Misusing Patent Pending?

You should never claim that an invention is “patent pending” before you have filed a patent application and paid the required USPTO fees. You could face consequences such as:

• Federal penalties. Claiming patent pending without filing is considered false marketing and is a federal offense. You can be fined up to $500 for each claim of patent pending on each article on which the claim is made. The same false marketing law also provides the same penalties for claiming that something has been patented when no patent exists.

• Civil liability. The Lanham Act outlines civil remedies available for false advertising. While the act is primarily aimed at trademarks, a recent Federal Circuit court decision determined that claiming something was patented when it was not would be considered false advertising. This claim could also be extended to patent pending, leaving you vulnerable to civil damage claims.

• Consumer protection law violations. The Federal Trade Commission (FTC) requires that businesses and their advertisers must advertise in a way that is truthful, evidence-backed, non-deceptive, and fair. Misleading advertisements that have a material effect on consumer decisions are considered deceptive. This can include “patent pending” claims. The FTC can bring these cases to court, resulting in cease-and-desist orders, civil fines and penalties, or required corrective advertising.

After you have filed your application and paid the fees, “patent pending” can be used for up to one year when you secure it through a provisional patent, but can be used for much longer in a non-provisional patent. It can be used until the final decision is reached by the USPTO.

If your application is abandoned or rejected by the USPTO, you have to remove “patent pending” designations as soon as possible. Failure to do so can result in serious financial, civil, and reputational consequences.

Question # 3: Utility or design?

You can also determine whether someone truly has filed for a patent, enabling them to use “patent pending,” by asking them whether their patent pending is for a design or utility patent. This should be a simple answer. It may be a red flag if they don’t know.

If they mention “provisional patent application” or “provisional pending patent application,” that automatically means that they have filed a utility application. There are no provisional applications for design applications. They may have filed both utility and design protection to better protect their invention. It is a serious red flag if the inventor claims to have a provisional patent for a design patent.

This may be a good time to ask for the actual patent application number to better understand their application. If it was more than 18 months ago, you will be able to plainly see what type of patent application it is. It will say either “utility”, “design”, or “plant”.

Question #4: Am I Required to Mark It?

No, you are not required to mark your invention with patent pending, but it’s a good idea.

When an inventor of a product marks a product as patent pending, it is notifying the consumers and the public that there are exclusive rights pending on the product. This tells people not to go making their own without permission.

While this notice is a very weak form of protection in the present, it can be used against an infringer in the future. In an infringement case, if the patent holder can show the parties purchased the product and the “patent pending” notice is clearly shown, this can be evidence of infringement and lead to damages secured in the case.

In patent litigation, if the patent holder can prove that the allegedly infringing party knew about the rights or prospective rights of the invention, and disregarded that notice and knowledge, they can be held liable to pay triple damages and have to pay for the attorney’s fees of the patent holder.

Putting “patent pending” on your goods is also helpful because it makes you look more trustworthy. Labeling your goods this way shows that you’re a serious presence in your field, which is especially important in markets where there is a lot of competition.

Potential rivals might think twice before trying to reverse-engineer or copy your design because they don’t want to get in trouble with the law if they try to patent their copy in the future.

The phrase “patent pending” can stop people from copying your work, even before you get official legal protection for it. It also shows that you are serious about defending your intellectual property.

Question # 5: So how do I mark goods?

There is no set way to mark goods with patent pending. There are several different options to communicate the status to consumers and the public:

• “Patent pending”
• “Patents pending”
• “Pat. pending”
• “Patent pending 10/299101”
• “Patented and patents pending: see http://www…”

Each different type of notice has its pros and cons. As long as it is clear what is being conveyed and the mark is noticeable to someone looking for it, it will qualify as notice.

How you choose to label your goods also depends on what they are. For instance, because there isn’t much room on smaller goods, patent-pending labels may be harder to see. Companies usually come up with creative ways to label their products in these situations.

For example, they might put the label on the product itself, in the instructions, or even on a website where people can check to see if the patent is still pending. You should think about how easy it is for people to see your message. A label that is hard to read won’t help you in the long term. The goal is to make it as noticeable as possible so that anyone who sees it knows that you are serious about your intellectual property.

There is no single way to emblazon, emboss, or stencil a patent-pending mark. Nor is there a requirement for font size or font type. The rules are subjective, but as the patent owner, you want to make it as obvious and apparent as possible without detracting too much from the design or commercial aspects of the product.

There are a lot of products that are too small or have physical features too delicate to display a patent pending notice. There are also many patent-eligible or patent-pending inventions that do not have a tangible, physical embodiment, such as software, methods, diagnostics, and compositions of matter.

In those cases, it would be ideal to place the notice on a contract or digital notice, or possibly on a wrapper, container, or enclosed case.

Question #6: Are Any Legal Rights Given While a Patent is Pending?

No, there is no legal authority, grant, or right bestowed on the inventor, applicant, or assignee of an invention that is merely patent pending.

However, you do have the ability to put parties on notice as to your “prospective rights,” which can be useful after you are granted a patent for an infringement case. No rights apply if you do not get the patent.

This is a scary part about the patent process: if you invent something and decide to speak about the invention, or publicize the invention prior to rights granting, you are gambling that your patent will be granted.

Otherwise, you’ve now told the public about what you’re doing and how to do it, and if your patent rights are not granted, you’ve created conditions to make competition easier for your rivals.

Making the public aware of your idea before getting a patent for it comes with some risk. If you tell everyone about your idea while you’re applying for a patent, you could accidentally let the market know about it without full protection. To lower this risk, many inventors don’t tell anyone about their idea until they get closer to getting a patent.

Other Options to Protect Your Rights

You can also secure other forms of IP to help thwart would-be copycats. This includes trademark and copyright protection for any business dealings or artistic creations that have been born of the new technology. Using these alongside a patent can protect your intellectual property in more than one way.

You could trademark your product’s brand name, which would cover how it is sold and marketed, even while the patent is being processed. Copyrights can protect any artistic content that is involved, like logos, package designs, or software code. These extra forms of defense can help while your patent application goes through the approval process.

Another way to protect your invention and your rights to it is to commercialize your product. There are many license and sale deals done covering technology and patents while they are still pending. However, the amount of money given for prospective rights will be less than if the rights have been granted. For example, you might secure 5% in royalties instead of 7% royalties.

This is because the buying or licensing party is taking on a risk. They will have to deal with the difficulties if they cannot convince the USPTO patent examiner that the invention’s patent should be issued.

Licensees or buyers of certain kinds of technology can pay money for prospective rights, which can greatly benefit you. You should know that they will likely be hiring their own patent attorney to evaluate the patent application as filed for novelty, nonobviousness, validity, and enforceability. They’re not going to pay for just anything. That’s why it helps to work with your own patent attorney, so you know the worth of your invention.

Question #7: When Is It No Longer Pending?

When it comes down to it, there are really only two outcomes of a “patent pending” situation. Either the patent gets granted, or it goes abandoned. The important piece of this is that as soon as it reaches either of those status points, it is no longer pending.

Here are some examples of situations where patent applications go abandoned:

• A nonprovisional provisional application was not filed within 12 months of the provisional patent application.
• An office action, which occurs when an examiner rejects or objects to the application, gets no response within the statutory period, which is usually 6 months.
• A patent was granted, but maintenance fees are not paid on time.

The first one is a common and serious mistake, and can result in abandoned applications for patent-eligible inventions.

FAQs

Does Patent Pending Mean Anything?

Yes, the phrase “patent pending” means that a patent application has been submitted to the United States Patent and Trademark Office (USPTO), but it has not yet been granted. Although the inventor has taken measures to protect their idea, they do not have any legal rights until the patent is legally authorized. The patent pending status can be used to enforce rights if the patent is eventually granted.

Why Do Companies Say Patent Pending?

“Patent pending” is a mark that companies use to indicate that they have submitted an application for patent protection. Demonstrating that the invention is now in the process of being legally protected serves as a deterrent to others, who might otherwise infringe upon the idea. The perceived worth of the product or concept can also be increased because of the “patent pending” status.

How Long Does a Pending Patent Last?

A patent’s application status is considered to be pending until it is either granted or abandoned.

Depending on the workload of the USPTO and the intricacy of the innovation, the timeframe of this process can vary, anywhere from 29 to 43 months. The “patent pending” status granted by a provisional patent lasts 12 months, followed by the time needed to review the full application. You can hire a patent lawyer to discuss the potential timeframes of your pending patent.

Can I Sell a Product That Is Patent Pending?

Yes, it is possible to market a product that is currently awaiting a patent. The current status of “patent pending” does not impose any limitations on commercial activities. Nevertheless, it is of the utmost importance to know that you do not have complete patent rights until the patent is issued, which means that you are still susceptible to potential infringement difficulties.

Hire a Patent Lawyer at Bold Patent to File for Patent Protection

While “patent pending” may simply mean that there is a patent application pending approval, there are many layers to the situation. Understanding how you can properly advertise and market your invention is crucial no matter where you are in the patent process.

Your invention may be foundational to your start-up or existing business, or it may be important for your financial future through a licensing agreement. In any situation, the support of a patent lawyer helps significantly. They can help you:

• Determine if you have a patentable invention
• Assess what resources you need to refine and develop your creation
• Protect your invention rights while utilizing key resources
• Review all your options for intellectual property protection
• Prepare and file a USPTO patent application
• Avoid mistakes when creating your patent application
• Determine what markings you can and should use to improve the outcomes of marketing and licensing agreements without causing civil liability
• Respond to USPTO office actions
• Negotiate licensing agreements and other commercialization ventures while protecting your rights and your financial interests

As of July 2026, the USPTO had a total of nearly 1.3 million patent applications. It is a long wait to get responses from the office, and your invention needs to stand out.

At Bold Patents, we have decades of patent law and IP protection law experience. We know what is needed in a patent application and can help you present your invention in the ideal light. Our team can give you legal advice about when you can use “patent pending” and answer any questions you may have. Our goal is to help you succeed and protect your financial future.

If you see your idea coming to life in the future and think you’ll need a patent for it, reach out to Bold Patents today and learn how we can help you get started.

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Legal Note: This blog article does not constitute as legal advice. Although the article was written by a licensed USPTO patent attorney there are many factors and complexities that come into patenting an idea. We recommend you consult a lawyer if you want legal advice for your particular situation.  No attorney-client or confidential relationship exists by simply reading and applying the steps stated in this blog article.