Patent pending on:
[Wikipedia]
[Google]
[Amazon]
"Patent pending" (sometimes abbreviated by "pat. pend." or "pat. pending") or "patent applied for" are legal designations or expressions that can be used in relation to a product or process once a
IP Australia website
The marking of an article has a legal effect under Section 123 of the Patents Act 1990 with the result that a defendant is taken to be aware of the existence of patent rights. In Australia, the preferred marking is "Aust. Pat. App. No. yyyynnnnnn" where "yyyy" is the four-digit year of the application and "nnnnnn" is the six-digit number allocated by the Australian Patent Office. There are penalties for making a false indication of the existence of patent rights for any invention.
- PATENT MARKING AND "PATENT PENDING"
(Excerpted from General Information Concerning Patents print brochure) The use of the term "patent pending" or "patent applied for" is permitted so long as a patent application has actually been filed and is pending, i.e., has not been issued as a patent or become abandoned. If these terms are used for the purpose of deceiving the public when no patent application has been filed, or when the application is not pending, a fine of up to $500 may be imposed for every such offense. Under the Forest Group, Inc. v. Bon Tool Co., 590 F.3d 1295 (Fed. Cir. 2009) decision, the current interpretation of "offense" has each mis-marked article constitutes an offense, which permits theoretical damages in the hundreds of millions of dollars for high-volume consumer goods. The Leahy-Smith America Invents Act revised section 292 to say that only the United States may sue for that penalty but that a person who has suffered a competitive injury may sue for recovery of damages adequate to compensate for the injury. A provisional application, like any other patent application, also allows the applicant to use the term "patent pending".
35 U.S.C. 292 - False marking.
Patent law
"Patent pending" (sometimes abbreviated by "pat. pend." or "pat. pending") or "patent applied for" are legal designations or expressions that can be used in relation to a product or process once a patent application
A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification and a set of one or more claims stated in a formal document, including necessary official forms and re ...
for the product or process has been filed, but prior to the patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...
being issued or the application abandoned. The marking serves to notify the public, business, or potential infringers who would copy the invention
An invention is a unique or novel device, method, composition, idea or process. An invention may be an improvement upon a machine, product, or process for increasing efficiency or lowering cost. It may also be an entirely new concept. If an ...
that they may be liable for damages (including back-dated royalties
A royalty payment is a payment made by one party to another that owns a particular asset, for the right to ongoing use of that asset. Royalties are typically agreed upon as a percentage of gross or net revenues derived from the use of an asset o ...
), seizure, and injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in p ...
once a patent is issued.
Fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compen ...
ulent use of a patent pending designation is prohibited by the law of many countries and inventors should be cautious when marking products or methods that may arguably not be covered by any pending patent application. In some jurisdictions, such as the United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
, a warning notice should ideally mention the number of the pending application.
Legislation
Australia
In Australia, according toIP Australia
IP Australia is an agency of the Department of Industry, Innovation and Science. IP Australia administers intellectual property rights and legislation relating to patents, trade marks, registered designs and plant breeder's rights in Australia. ...
, the term "patent pending" refers to an invention in respect of which a patent application has been filed at the patent office but for which a patent has not necessarily been granted.IP Australia
IP Australia is an agency of the Department of Industry, Innovation and Science. IP Australia administers intellectual property rights and legislation relating to patents, trade marks, registered designs and plant breeder's rights in Australia. ...IP Australia website
The marking of an article has a legal effect under Section 123 of the Patents Act 1990 with the result that a defendant is taken to be aware of the existence of patent rights. In Australia, the preferred marking is "Aust. Pat. App. No. yyyynnnnnn" where "yyyy" is the four-digit year of the application and "nnnnnn" is the six-digit number allocated by the Australian Patent Office. There are penalties for making a false indication of the existence of patent rights for any invention.
United States
In the United States, according to theUnited States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alex ...
, the expression "Patent Pending" as such does not protect an invention until the actual patent is published and/or issued:
:"A patentee who makes or sells patented articles, or a person who does so for or under the patentee is required to mark the articles with the word "Patent" and the number of the patent. The penalty for failure to mark is that the patentee may not recover damages from an infringer unless the infringer was duly notified of the infringement and continued to infringe after the notice.
:The marking of an article as patented when it is not in fact patented is against the law and subjects the offender to a penalty. Some persons mark articles sold with the terms "Patent Applied For" or "Patent Pending". These phrases have no legal effect, but only give information that an application for patent has been filed in the Patent and Trademark Office. The protection afforded by a patent does not start until the actual grant of the patent. False use of these phrases or their equivalent is prohibited".United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alex ...
web site- PATENT MARKING AND "PATENT PENDING"
(Excerpted from General Information Concerning Patents print brochure) The use of the term "patent pending" or "patent applied for" is permitted so long as a patent application has actually been filed and is pending, i.e., has not been issued as a patent or become abandoned. If these terms are used for the purpose of deceiving the public when no patent application has been filed, or when the application is not pending, a fine of up to $500 may be imposed for every such offense. Under the Forest Group, Inc. v. Bon Tool Co., 590 F.3d 1295 (Fed. Cir. 2009) decision, the current interpretation of "offense" has each mis-marked article constitutes an offense, which permits theoretical damages in the hundreds of millions of dollars for high-volume consumer goods. The Leahy-Smith America Invents Act revised section 292 to say that only the United States may sue for that penalty but that a person who has suffered a competitive injury may sue for recovery of damages adequate to compensate for the injury. A provisional application, like any other patent application, also allows the applicant to use the term "patent pending".
In popular culture
Numerous characters have assumed the name Pat Pending since at least the 1960s, notablyProfessor Pat Pending
''Wacky Races'' is an American animated television series produced by Hanna-Barbera Productions for CBS on Saturday mornings. The series features 11 different cars racing against each other in various road rallies throughout North America, with ...
of cartoon series Wacky Races
Eccentricity (also called quirkiness) is an unusual or odd behavior on the part of an individual. This behavior would typically be perceived as unusual or unnecessary, without being demonstrably maladaptive. Eccentricity is contrasted with no ...
; the name has appeared in at least 21 comics as well as the original Batman series where J. Pat O'Malley played a prolific and rich yet cheap inventor ''Pat Pending'' in two episodes, likely capitalizing on the marking present on goods throughout the United States.
See also
*Backlog of unexamined patent applications Although not clearly defined,Provisional rights
This is a list of legal terms relating to patents. A patent is not a right to practice or use the invention, but a territorial right to exclude others from commercially exploiting the invention, granted to an inventor or his successor in rights i ...
References
{{reflist, 30emExternal links
35 U.S.C. 292 - False marking.
Patent law