What Does “Patent Pending” Actually Mean?

You’re “patent pending” the moment you file a provisional, utility, or design patent application with the USPTO. You can legally use the phrase on your product, website, or pitch deck immediately after filing.

• Filed a provisional? You’re patent pending.
• Filed a full utility application? Still patent pending (until granted or abandoned).
• Design patent? Same deal.

But here’s the catch: “Patent pending” gives you zero legal rights to stop a copycat. You only get those rights after the patent is actually granted.

What “Patent Pending” Does (and Doesn’t) Do

• Does: Show you’re serious and in the process of protecting your invention.
• Does: Scare off some (but not all) would-be copiers—especially smaller players.
• Doesn’t: Give you the power to sue for infringement.
• Doesn’t: Guarantee your patent will ever be granted—or even that your idea is patentable.
• Doesn’t: Cover you if your application is rejected, abandoned, or never completed.

The Biggest Mistakes Inventors Make with “Patent Pending”

• Thinking it’s actual protection. It’s not.
• Waiting too long to file a real utility patent after a provisional. (You only get one year!)
• Assuming you can enforce anything in court. You can’t—until you have a granted patent in hand.
• Putting “patent pending” on ideas you haven’t actually filed. (That’s illegal.)

Smart Strategies for Inventors

If you’re launching, pitching, or seeking funding, “patent pending” can be a strong tool. It shows you’re serious and moving fast. But don’t let it lull you into a false sense of security.

• Keep your application on track—don’t miss deadlines.
• Use “patent pending” honestly and strategically.
• If you’re not sure what to file, get professional help. That’s what I do—without the legalese or the runaround.