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Why do some products say “patent pending”?

On Behalf of | Mar 6, 2024 | Patent Law

When a business patents a product, they have the right to stamp the patent number on that product. This will be accompanied by the word “patent” itself, letting others know that the design has already been protected. If someone else purchases the product, they know that they cannot directly copy it and begin to make sales on their own. This product is uniquely owned by another business.

But there are also cases where you will get a product that says “patent pending.” Why do some businesses decide to use this mark? Does it protect the product in the same way that a patent number would?

Information for the public

No, a “patent pending” stamp is not legally going to change anything. But it is provided for informational purposes. The company wants anyone who sees the product to know that they have already applied and that their patent is next in line. If someone is going to be approved for that patent, it will be them.

The issue is that the patent process can be complicated and take time. It’s definitely not something that business owners want to do on their own. It can be very complicated. While they work with an experienced legal team to navigate this process, they mark the products as “patent pending” so that they don’t have to worry about their intellectual property. They can begin selling before the patent has fully been approved, hoping that they will eventually get the approval they need to protect those products long–term.

If you’re going through this process, you certainly need to avoid mistakes and explore all of your legal options. Please contact us to learn more about how we can help you at this time.