The Value of Patent Pending

    Products everywhere are being sold with a "patent pending" stamp prominently displayed on packaging, or repeated over and over in other promotional items. But what does it actually mean? What kind of protection does this offer the inventor?

    By definition, this status describes a product or idea that has had a full patent application filed with the United States Patent Office. At this point there is no actual patent issued, the inventor is still waiting for an approval and the accompanying patent number.

    In 1996 the USPO initiated the provisional patent process. This allows applicants to file their idea for a period of one year before a full patent application needs to be filed. Essentially giving the inventor time to develop and improve their invention before submitting for a final review. The significance of the provisional patent is you can begin marketing your product as "patent pending" as soon as you filed the application. Details of a pending patent application are not public knowledge and most would be copiers will not risk producing your product as there is no telling when your patent will be granted.

    Patent pending status ultimately allows inventors to begin publicly disclosing their idea, and start the marketing process. The first year allowed by the provisional gives inventors the opportunity to test the waters in their specific industry, and gauge their idea's potential.