Many companies begin manufacturing and selling their new product (a.k.a. their invention) to industry before their patent is officially granted. They utilize the term “patent pending” to point that the merchandise is proprietary and a patent is (similar to the term states), pending.
The only way you (or any business) can ever legally utilize the term “patent pending” is whenever a patent application has been filed to america Patent and Trademark Office (USPTO). Anybody or company who falsely uses this term could be fined. So take the time to only utilize it when it’s true.
During this patent pending time frame, the USPTO could keep the application form under wraps. No-one beyond your Patent Office’s walls could have usage of it.
The Patent Office does, however, publish most applications 1 . 5 years following the application filing date. Any person in the general public may request a copy of the application form once it has been published. But, take notice, if the application is granted, your invention could have been protected since the date you filed the application.
As you can view, the patent system is established to enable you to actually begin manufacturing and marketing your invention soon after you file the application.
Many companies spend massive levels of money developing their services. So it is practical to allow them to make an application for their patent as quickly as possible and commence marketing their product immediately. This way, they are able to ‘milk’ their patent monopoly for the longest period of time possible. A computer program patent usually only lasts 17 years from the date the patent application was filed, so there’s really no use letting that point head to waste.
You may or might not need to utilize the term “patent pending”. In case you are waiting until your patent is in fact granted to advertise your invention, you might aswell forego the word “patent pending”. Instead, once your patent is granted, you might use your official patent number together with your product and any promotional information linked to it.