Do you have a new idea or invention in the works? Do you need to apply for the patent right away but are afraid it might take some time? Well, in popular product shows like 'Shark Tank' you have often heard of the words patent pending. Basically, this refers to the situation where you have applied for a patent but its still being reviewed for approval or denial. With a patent pending status, you can warn any other businesses or individuals looking to copy your idea that they are liable for damages once the patent goes through.
If you're wondering how to get a US pending patent for your new invention, here are a few things that you need to know. First, if you haven't applied for the patent yet, you should never mark your products as patent pending. This is fraudulent behavior that's prohibited by the law in many countries. In some countries, like the United Kingdom, you're required to provide a number to the patent pending status just to prove that you have actually applied for the patent.
There are many people who confuse patent pending status as a provisional patent for the product. However, those are 2 completely different things. Basically a provisional patent application gives your product enough protection for a year or so. Once the period has been exhausted, it's mandatory to file for a full patent for the product or abandon the product altogether.
During the provisional patent application period, your product is completely protected. That means nobody else can copy it, steal it or redistribute it without being liable for some damages. On the other hand, a patent pending status is where the application has been filed but it's still under review. Of course, patent pending status is good enough for a new inventor but it doesn't offer full protection like the provisional or full patent does.
You can use the term patent pending any time you're distributing your product but make sure that the patent has actually been filed. If no such thing has happened, you're liable to a fine that can go as high as $500 or more. Note that, if you're using a provisional patent while waiting for the application of a full patent, you can also use the term patent pending without any fault.
Therefore, if you're looking to get a patent pending status for your product, you need to start by applying for a patent first. There are many people who choose to apply for patents on their own without necessarily hiring a patent lawyer, because the fees might be too high. If you choose to go through the whole application on your own, you can seek help from professional online organizations that assist individual patent applicants for a fee.
Be cautious when using the services of such organizations because there are some scam artists that will most likely steal your money for the patent application or just steal the idea and keep it to themselves. Therefore, do lots of research and find the right organization to help you get US pending patent status for your new product.