Skip to content
Call for a Patent Attorney! 1-832-621-0353
Dark blue serif type with white background over image of contract with pen

Patent pending is a type of patent status and a legal warning recognized by US Patent Law.

It tells others that you have applied for a US patent. You can legally describe your invention as having “patent pending” status when you have a least one U.S. patent application currently pending before the United States Patent and Trademark Office (USPTO). This statement tells potential investors and business partners that you have taken steps to protect your invention. It warns your competitors that they should think twice before copying your invention because if your patent application issues as a US patent, then you could sue them for patent infringement in the US.

To claim patent pending status, it does not matter what kind of pending patent application you have as long as you still have the possibility of a U.S. Patent issuing from it. For example, you can file a US Provisional patent application, a PCT Patent Application, or a US Non-provisional utility patent application, and as long as the application is not expired or abandoned, then you still have patent pending status. On the other hand, if you allow your patent application to expire or go abandoned, then you lose your patent pending status.

How Can You Get Patent Pending Status?

Easy, call Childs Patent Law at 832-621-0353 and let’s talk about getting your “patent pending” status.

Filing Options Podcast Series
1. How Quickly Can You File A Patent Application?
2. How Quickly Can You Get A Patent?
3. How Long Does It Take To Get A Patent?
4. Is a Provisional Patent Application Right for You?
5. Is a PCT Application Right for You?
6. Can You Protect Your Invention Outside of the US?
7. What Does “Patent Pending” Mean?
8. What Patent Application Filing Strategy Should A Startup or an Entrepreneur Use?
9. What Patent Application Filing Strategy Should You Use If You’re Ready To Sell?
Back To Top