DF Bluem - Patent Attorney Agent Leeds. Free Patent Advice and Guidance.

PATENT PENDING EXPLAINED

WHAT DOES “PATENT PENDING” MEAN ?

When you see the words “Patent Pending” printed on a product, packaging or design, it’s more than just a label - it’s a legal warning and commercial statement. It signals that the inventor has filed a patent application and is seeking protection for their invention, even though the patent has not yet been granted.

“Patent pending” (or “patent applied for”) means that a patent application has been filed with the relevant patent office - such as the UK Intellectual Property Office (UKIPO), the European Patent Office (EPO) or the World Intellectual Property Organisation (WIPO) for international filings. Although the patent has not yet been granted, this status indicates that the invention is in the process of examination and may soon receive formal protection.

Importantly, you can start using the phrase “patent pending” as soon as your official patent application is filed and you receive a filing number.

THE PURPOSE OF MARKING A PRODUCT “PATENT PENDING”

The main purpose of using the patent pending label is deterrence - warning potential competitors that copying your invention could expose them to legal action once the patent is granted.

BENEFITS OF PATENT PENDING STATUS INCLUDE :

Legal deterrent : It signals that your invention is already being protected and that patent rights may soon be enforceable.
Commercial advantage : It reassures potential investors, distributors or licensees that your product is unique and protected.
Faster market entry : You can launch or market your product before the patent is granted.
Establishes priority : Your filing date secures your place in the queue - meaning later similar inventions cannot override your claim.

Even though a “patent pending” mark doesn’t yet grant enforceable rights, it serves as an important psychological and strategic shield during early commercialisation.

WHEN CAN YOU USE “PATENT PENDING” ?

You can legally mark your invention as “patent pending” immediately after filing a complete or provisional patent application.

YOU CAN MARK YOUR INVENTION AS :

Patent Pending - once a UK or international patent application has been submitted.

Patent Applied For - another acceptable phrase meaning the same thing.

YOU MUST NOT USE “PATENT PENDING” IF :

You have not filed a patent application.
Your application has been withdrawn, refused or lapsed.
You are using the phrase to mislead consumers or competitors, which can lead to penalties under UK law (Patents Act 1977).

WHAT PROTECTION DOES PATENT PENDING PROVIDE ?

While “patent pending” status does not grant enforceable rights yet, it offers interim protection in several indirect ways:

PRIORITY RIGHTS

The date you file your patent application becomes your priority date. Anyone filing a similar invention later will likely be rejected, as your application is legally recognised as the earliest claim.

COMMERCIAL LEVERAGE

Investors and partners view patent-pending products as serious, protected innovations, increasing business credibility.

DETERRENT EFFECT

Competitors are less likely to risk copying an invention that could soon become protected, avoiding potential infringement once the patent is granted.

EARLY MARKET ENTRY

Patent pending status allows inventors to test, promote or license their invention before the examination process is complete - which often takes several years.

THE PATENT PENDING PROCESS STEP BY STEP

Here’s how the patent pending stage fits into the overall patent application process :

Patent Search and Novelty Checking : before filing, it’s essential to ensure your invention is new and not already patented. This step identifies prior art and strengthens your application.
Patent Drafting and Specification Writing : a well-drafted patent specification defines your invention clearly and sets strong legal boundaries. Poor drafting can lead to rejection or weak protection later.
Patent Application Filing : once filed with the UKIPO (or internationally via PCT), your invention becomes patent pending. You’ll receive a filing number confirming your official application date.
Examination and Publication : after approximately 18 months, your patent application is published and it remains in pending status until examined and approved.
Grant or Refusal : if the application passes examination, the patent is granted and you receive full legal protection - typically lasting up to 20 years from filing.

During this entire period (often 2–4 years), you can continue to mark your invention as patent pending.

RISKS AND MISUNDERSTANDINGS

Misusing the phrase : using “patent pending” without a valid application can result in fines or legal action under UK law for misleading representation.
False sense of protection : some inventors wrongly assume that “patent pending” means their invention is already protected. In reality, protection only begins once the patent is granted - though your filing date establishes your rights retroactively.
Public disclosure without filing : if you disclose your invention publicly before filing, you may lose your ability to obtain a patent altogether. Always file before showing your idea to others.

HOW LONG DOES PATENT PENDING STATUS LAST ?

Patent pending status lasts from the day you file your application until the day it is granted, refused or withdrawn. This can be anywhere from 18 months to several years, depending on the complexity of the invention and the patent office’s workload. During this time, your product remains legally safe to mark as “patent pending”.

HOW DF BLUEM CAN HELP DURING THE PATENT PENDING STAGE

At DF Bluem, we specialise in guiding inventors through the crucial early stages of patent filing and pending protection. Our goal is to help you protect your invention quickly, effectively and affordably - while preparing for commercial success.

OUR SUPPORT INCLUDES :

Conducting novelty and prior art searches.
Drafting detailed patent specifications and technical drawings.
Managing UK and international patent filings.
Advising on proper use of “patent pending” in marketing and packaging.
Supporting commercialisation, prototyping and licensing once the application is in progress.

We ensure that your invention remains protected during its most vulnerable period - from first concept through to full patent grant.

FAQS ABOUT PATENT PENDING

Can I sell my product while it’s patent pending ? Yes. You can manufacture, market or license your invention during the patent pending period.
Can someone copy my idea during this time ? Technically yes - but your filing date establishes your rights and once your patent is granted, you can take action against those who infringed after that date.
Do I need to mark “patent pending” on my product ? It’s optional but highly recommended. It deters copying and shows that your idea is already being protected.
Does “patent pending” apply internationally ? Only in the territories where you have filed an application. However, through international treaties like the Patent Cooperation Treaty (PCT), you can extend protection globally within 12 months.

SUMMARY : WHY “PATENT PENDING” MATTERS

“Patent pending” is more than a technicality - it’s a powerful strategic tool that protects your idea, strengthens your business credibility and deters copycats before full patent rights are granted. It signals to the world that your invention is in the process of becoming legally protected, marking the transition from concept to commercial product.