How long is a patent pending?

1 to 3 years
How Long is the “Patent Pending” Status? Patent applications filed in the United States typically have “patent pending” for 1 to 3 years. However, it is not uncommon for some patent applications (e.g. software and electronic applications) to have patent pending status for 3 to 5+ years.

Does a patent pending protect you?

The patent pending status provides protection because it discourages people from taking your invention. Once it’s patented, if someone takes any part of your invention, it’s considered infringement. But until then, you cannot pursue a court case against them.

Can I sell a product that is patent pending?

An invention that has received a patent pending status is protected by the USPTO, so you can sell your idea without worry.

What is the difference between patent and patent pending?

What Does “Patent Pending” Mean? The most important difference between a patent pending status and holding a patent is that patent pending denotes that a patent application has been filed. “Patent pending” simply means that you have applied for, but have not yet been granted, a patent.

How much does a patent pending cost?

What Are Patent Pending Costs? The cost to get patent pending status for your invention is around $1,500 without an attorney. If you hire an attorney, you can expect to pay $10,000 or more for a utility patent and $2,000 for a design patent.

Can someone copy my patent?

As soon as you file a patent application with the U.S. Patent and Trademark Office (USPTO), your invention is “Patent Pending.” Once your application is submitted, nobody can steal, sell, or use your invention without your permission. If this happens, they are infringing on your patent, assuming it gets issued.

When can you say patent pending?

(That is, the application eventually goes abandoned.) During the period when it is active at the patent office—which is typically at least 18 months but may be four or more years—you should label your product with Patent Pending.

Is a patent that is pending considered an asset?

A patent is considered an intangible asset; this is because a patent does not have physical substance, and provides long-term value to the owning entity. As such, the accounting for a patent is the same as for any other intangible fixed asset, which is: Initial recordation.

The most important difference between a patent pending status and holding a patent is that patent pending denotes that a patent application has been filed. “Patent pending” simply means that you have applied for, but have not yet been granted, a patent.

A patent pending status doesn’t let you sue someone who’s copying your invention. But the status still protects you in a few ways. It warns others that you’re waiting to get a patent on your idea. The patent pending status provides protection because it discourages people from taking your invention.