Alex What happens if a patent is pending?
A patent pending is designed to warn the general public, competitors within your industry and other potential infringers that could copy an invention that they may be liable for damages once the full patent is issued. But a patent pending itself gives you no legal right at all until a patent is granted fully.
Can I sell my patent pending product?
You can use your pending patent to make, sell, and license the product during this time. Patent pending is the term used to describe a patent application that has been filed with the patent office, but has not issued as a patent.
How much money does it take to get a patent?
A patent can cost from $900 for a do-it-yourself application to between $5,000 and $10,000+ with the help of patent lawyers. A patent protects an invention and the cost of the process to get the patent will depend on the type of patent (provisional, non-provisional, or utility) and the complexity of the invention.
What happens when an invention is no longer pending?
When the inventor abandons the patent application, the invention is no longer pending. Also, if the patent application has matured into a patent, then the invention is again not pending. Instead, the invention is now patented. Congratulations! There is a twist.
What can you do with a patent pending?
After filing the patent application and establishing patent pending status, you can safely market the invention. Now the inventor can publish a website, demonstrate the invention to others, and offer the invention for sale. If anyone tried to file a patent application based on the inventor’s marketing efforts, then the inventor is still safe.
What happens to the inventors of a patent?
The inventors of a patent can change during prosecution of the patent, as claims are amended or deleted from a pending patent application. Because of this, your disclosure to your patent attorney must include what contributions each person or team member made, and not just who was involved.
What happens if someone invents the same invention as you?
Under the old patent law, if you and someone else invented the same invention in the same time frame, the first to invent would receive the patent.
How long is an invention pending with the USPTO?
The invention is pending for as long as the patent application is pending with the USPTO. When the inventor abandons the patent application, the invention is no longer pending. Also, if the patent application has matured into a patent, then the invention is again not pending.
After filing the patent application and establishing patent pending status, you can safely market the invention. Now the inventor can publish a website, demonstrate the invention to others, and offer the invention for sale. If anyone tried to file a patent application based on the inventor’s marketing efforts, then the inventor is still safe.
Under the old patent law, if you and someone else invented the same invention in the same time frame, the first to invent would receive the patent.
Can you sue someone for using your invention?
Other media cannot be used as a patent. You cannot sue anyone for patent infringement unless you have a patent, regardless of when you made the invention, how valuable it is, or how much money you spent on it. One must apply for a patent through the USPTO to get any protection under the patent statute.