Patent Pending

What does “Patent Pending” mean?

Filing an application for patent protection makes an invention “Patent Pending.” Thus, filing either a provisional or non-provisional application results in patent pending status. (Read about patenting costs.) After you file an application with the United States Patent and Trademark Office (USPTO), they issue you a filing receipt. The filing receipt will show the patent application number. Inventors often use the filing receipt as proof the invention is patent pending. Contact Carson Patents. Start the steps to patenting for your utility or design invention.

Patent pending does not mean that the actual invention or product will be granted (allowed and issued) patent protection. It means only that an application for patent was filed. A patent remains pending until allowed or finally rejected. Notes: [1] provisional patent applications are not examined, and [2] they are only pending for twelve months. Pending applications are not enforceable. Only issued patents are enforceable.

What happens after an invention is patent pending?

Patent pending applications often require further communication with the USPTO. Frequently amendments, new/revised claims, or further explanation is needed while a patent is pending. These communications occur during patent application prosecution. Note: new matter may only be added in a new application. If new matter is needed to support claims during prosecution, then, an additional application is needed. Thus, incomplete pending applications may require a new application. Carson Patents four steps to patenting include all patenting services from the initial prior art search through prosecution. Contact us and get your utility or design invention patent pending.

When can you put “Patent Pending” on your invention or product?

Once you have the filing receipt for your invention, you can label your product “Patent Pending” if you like. Also, the phrase “Patent Applied for” is acceptable. You do not have to mark your invention or product, but it would serve to put the public (and competitors) on notice that you have filed for and are seeking patent protection. Contact Carson Patents to start the steps to patenting for your utility or design invention or idea.

How do you get “Patent Pending” for your invention?

You really only need to file an application for a patent to get “Patent Pending” status for your invention. Either a provisional patent application or a non-provisional application will result in patent pending status. An invention is patent patenting upon filing any complete patent application that gets a filing receipt. Any US or International (PCT & Hague), Utility, Plant, or Design application filed for your invention makes it “Patent Pending.” Contact Carson Patents. Start the steps to patenting your invention or idea.

What is the difference between Provisional and Non-Provisional Applications?

Both kinds, provisional and non-provisional applications, require the specification, and drawings if needed. But, only the non-provisional requires claims. The provisional is a patent pending placeholder for a later non-provisional application.

PPA – Provisional Patent Applications

What is a PPA – Provisional Patent Application?

A provisional patent application allows you to file an application without formal patent claim(s), oath/declaration, or any information disclosure (prior art) statement. Provisional applications are not examined and therefore do not require claims. Frequently Asked Questions at Carson Patents Patenting Services Firm.

The provisional application is only pending for one year. It is essentially a place holder for a later non-provisional application. Within 12 months after the filing of a provisional application, non-provisional application must be filed.

The specification and drawings must be complete with either a provisional or non-provisional application. In other words, the provisional application must support the clams of the non-provisional. Additionally, a later non-provisional cannot add new matter and maintain a priority claim to the provisional application’s filing date. Contact Carson Patents to file a provisional patent application for your utility or design invention.

Regular – Non-Provisional Patent Applications

A non-provisional patent application is a regular patent application. The non-provisional application requires the specification and drawings just like the provisional. Importantly, the regular patent application also requires: the formal patent claim(s), oath/declaration, and an information disclosure (prior art) statement.

The regular (non-provisional) patent application requires six things to be complete. The six things needed for a non-provisional patent application are: the [1] specification, [2] claim(s), [3] drawing(s) (when required), [4] fee, [5] oath, and [6] a translation if not in English.

There are reasons for filing a provisional application. And, there are reasons to skip filing the provisional and go straight to the full non-provisional. How much a patent costs depends on several factors. Contact Carson Patents to discuss your options, or to start the steps to patenting your utility or design invention.

How does “Patent Pending” become a Patent?

If you are first to file, you receive a notice of allowance, and you pay the issue fee, then patent pending status becomes a patent. Provisional applications do not have claims and cannot become a patent. Only a non-provisional application can become a patent. Patent Protection is based on the claims of the patent and can be very valuable. Contact Carson Patents to start the steps to patenting for your utility or design invention.

What does patent protection mean?

Patent protection is the right to control the making, using, and selling of your invention for the duration of the patent. Utility patents are valid for 20 years from the filing date. Design patents are valid for 15 years from the date of issue. Contact Carson Patents to start the steps to patenting for your utility or design invention.

Country Specific Protection

Countries issue their own patents. A patent is only enforceable in the country where issued. US patents protect the right to control the making, using, and selling in the United States. The international applications (PCT/Hague) seek patent protection in other countries and the US. An international patent application (PCT/Hague) has two stages. The international application is the initial stage. The national stage application is the second stage. A separate application is filed in each country where patent protection is sought. Contact Carson Patents to start the steps to patenting your utility or design invention.

International Patent Applications

Carson Patents provides patent services for two kinds of International Patent Applications. the World Intellectual Property Office (WIPO) manages the international applications . WIPO is the global forum for intellectual property (IP) services, policy, information and cooperation. For Utility Patents and Plant Patents, there is the Patent Cooperation Treaty (PCT) Application. For Design Patents, there is the Hague (International Industrial Design) Application. Contact Carson Patents to start the steps to patenting your utility or design invention.

PCT International Patent Applications

In the United States, there are two places to file a Patent Cooperation Treaty (PCT) application. The two places are the USPTO and the WIPO. The World Intellectual Property Organization (WIPO) manages the PCT system. Filing a PCT application results in patent pending status simultaneously in all elected countries. A single “international” patent application is done instead of filing separate national or regional patent applications. Filing a complete and proper international PCT application, results in patent pending status in the participating countries where protection is sought.

Patents are sought and obtained in any of the more than 190 contracting states (countries or regions of the world) participating with the WIPO based on a single application. The granting of patents remains under the control of the national or regional patent offices in what is called the “national phase.”

The national phase is the part of the international process where you apply for patents in the countries where protection is sought. Patents for particular countries or regions are filed in those countries or regions. National phase processing and entry of an application for patent is done individually in each country or region where protection is sought. Contact Carson Patents to start the steps to patenting for your utility or design invention.

Hague (International Industrial Design) Applications

The Hague applications are International Industrial Design Patent Applications. The World Intellectual Property Organization (WIPO) manages Hague applications. The Hague System for the International Registration of Industrial Designs provides a practical business solution for registering up to 100 designs in 74 contracting parties covering 91 countries, through the filing of one single international application. Filing a complete and proper international Hague application, results in patent pending status in participating countries where protection is sought.

A single international application in a single language is filed for design patent protection. Filing is direct with the International Bureau of the WIPO, or indirectly through the patent office in your country. Contact Carson Patents to start the steps to patenting for your design invention.

Important TIP: When looking for patenting services from a Patents Firm, only Patent Attorneys, and Patent Agents can prosecute patents. Contact Carson Patents for your USPTO Registered Patent Agent help.

Be first to file, get patent pending status, contact us to file an affordable cost provisional or non-provisional application. Buy a prior art search online.

Confidentiality. Disclosures to patent practitioners are covered by client controlled privilege. Read more.