Patent Pending Application
Legally, you can only use the term 'Patent Pending' when a patent application has been filed with the USPTO (United States Patent and Trademark Office). Individuals or companies falsely using the term patent pending can be fined.
While the phrase 'Patent Pending' has no legal meaning, it does serve to communicate the fact that an application for a patent has been filed with the USPTO. It may be used in connection with a provisional patent application that covers the invention.
Once you file a patent application, it may take well over 2 years for the USPTO to decide whether or not to allow it. If they find the application and invention acceptable, then you will be issued a patent. At that point, you may refer to the patent number on your product information.
During the first 18 months of the patent pending period, the details of your patent application will be kept in strict confidentiality at the USPTO. Only patent examiners and other relevant employees at the Patent Office will be allowed access to it.
Most patent applications will be published after 18 months from their filing date. At this point, members of the public may request a copy of the application file. Later, when a patent application is allowed to issue as a patent, it will become a public record.
The patent pending application helps inventors due to the fact that they may begin marketing their invention right after the application is filed. Since the patent examination process is so long (and the length of the patent term is limited), this is usually seen as a great benefit to inventors.
