Patent Pending

What does “Patent Pending” mean?

Patent Pending means that an application for patent protection has been filed. Filing a provisional or non-provisional application will result in patent pending status. (Read about patenting costs.) After you file an application for a utility, design, or plant patent with the United States Patent and Trademark Office (USPTO), they issue you a patent application number and send you a filing receipt. Inventors often use the filing receipt as proof the invention is patent pending. If you are first to file, and the application is examined and prosecuted to an allowance, you can then be issued a patent. Once filed, the invention remains patent pending until allowance or final rejection. Contact Carson Patents to start the steps to patent.

Patent pending does not mean that the actual invention or product will be granted (allowed and issued) patent protection. It means an application was filed. Patent pending continues from filing an application until its allowance or final rejection. Note, provisional patent applications are only for a one year period, and they are not examined.

While pending, many applications require amendments, new/revised claims, or further explanation. These communications occur during patent prosecution. Note, sometimes there is a need to submit an additional application because new matter must be added to support the claims. Carson Patents four steps to patent include all patenting services from the initial search through prosecution. Contact us and get your invention patent pending.

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

Once you have your filing receipt for your invention, you can label your product “Patent Pending” if you like. The phrase “Patent Applied for” is also used for this purpose. 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 patent.

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. This can be done with a Provisional Patent Application or a Non-Provisional Application. A provisional patent application allows you to file an application without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement. Non-Provisional Applications are the complete US or International (PCT & Hague) Utility, Plant, or Design Patent Applications. Contact Carson Patents to start the steps to patent.

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 result is that provisional patent applications usually cost less to write and file compared to the non-provisional version.

Provisional applications are not examined and therefore do not require claims. The provisional application is only pending for one year. It is essentially a place holder for a later non-provisional application. To claim priority to the earlier provisional, the later application must be filed within one year of the provisional filing date.

The specification and drawings must be complete with either a provisional or non-provisional application. A later non-provisional application cannot make claims that are not supported in the provisional application. Also, a later non-provisional cannot add new matter and maintain a priority claim to the provisional application’s filing date.

Provisional patent applications for your invention may or may not be lower cost. 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 start the steps to patent your 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. Once the issue fee is paid, the patent will issue – be granted. Only a non-provisional can receive a notice of allowance and be issued (granted) by paying the issue fee. Patent Protection is based on the claims of the patent and can be very valuable. Contact Carson Patents to start the steps to patent your invention.

What does patent protection mean?

In short, patent protection means that you have been granted 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. Design patents are valid for 17 years. Contact Carson Patents to start the steps to patent.

Patent protection is limited to the country where the patent is issued

Patent protection is limited to the country where the patent was issued. US patents protect the right to control the making, using, and selling in the United States. To seek patent protection in other countries, the International patent applications are used. Contact Carson Patents to start the steps to patent.

For countries outside the US, the International Patent Applications are used

There are two kinds of International Patent Applications. 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 patent.

PCT International Patent Applications

Patent Cooperation Treaty (PCT) applications are filed with the USPTO but are managed by the World Intellectual Property Organization (WIPO). PCT applications are used to seek patent protection for an invention simultaneously in a large number of countries by filing a single “international” patent application instead of filing several separate national or regional patent applications.

Patents can be sought and obtained in any of the more than 150 contracting states (countries or regions of the world) participating with the WIPO based on this 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 wherein patents for particular countries or regions are filed in those countries or regions where protection is sought. National Stage 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 patent.

Hague (International Industrial Design) Applications

The Hague applications are International Industrial Design Patent Applications. Like the PCT Applications, patent applications under Hague are managed at the WIPO.

The Hague Agreement is an international registration system which offers the possibility of obtaining design patent protection around the world. There are over 100 designated member countries and intergovernmental organizations (referred to as “Contracting Parties”). Design patent protection is sought by filing a single international application in a single language. Filing is either directly with the International Bureau of the WIPO or indirectly through the patent office in your country. Contact Carson Patents to start the steps to patent.

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Important TIP: When looking for experienced online patent services from a Patents Office or IP/Patents Law Firm – only Patent Attorneys, and Patent Agents can prosecute patents. Call Carson Patents for your USPTO Registered Patent Agent help.

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