"Patent Pending" means that you have filed for a patent but have not yet gone through the entire patent process. To get patent pending status, you must file for a provisional patent application (PPA) on your invention. Having patent pending status does not guarantee you a patent, but it does offer you several advantages.
The primary reason to get a PPA is to protect your rights to your invention. A PPA can protect your rights by:
Filing for a PPA is much easier and cheaper than filing for a regular patent. To get a PPA, you must submit:
To go from patent pending status to patent holder status, you should file for a regular patent within 12 months of filing for a provisional patent. You can still file for a regular patent after those 12 months are up, but you lose the ability to claim the earlier filing date of the PPA. If you want to add on to the information in the provisional patent application when you file for your regular patent, you are free to do so. However, any new information you add will not have the benefit of the earlier filing date.
If you are considering filing for a patent, or are worried about others stealing your invention before you have a chance to patent it, you may want to speak to a patent attorney. An experienced patent attorney will be able to inform you of your rights and guide you through the complicated patent process.
Last Modified: 05-10-2013 04:13 PM PDTLaw Library Disclaimer
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