Intellectual Property Law Questions Answered

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What Does "Patent Pending" Mean?

The term “patent pending” refers to a patent application that is pending before the United States Patent and Trademark Office (USPTO). This means that the application has been filed with the USPTO, the application is pending with the USPTO, but no patent has been granted or issued.

A patent application that is “patent pending” may be a provisional application or a non-provisional application in the case of utility patent applications. It also may be a pending design patent application or plant patent application depending on the subject matter. Regardless what type of application is filed to obtain patent protection, an invention is considered “patent pending” at the time when the application is filed.

Learn more about patent pending.