Patent Pending"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. False use of these phrases or their equivalent is prohibited." The protection afforded by a patent does not start until the actual grant of the patent. The marking serves to notify potential infringes who would copy the invention that they may be liable for damages, seizure, and injunction once a patent is issued. 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. The expressions "patent pending" (sometimes abbreviated by "pat. pend." or "pat. pending") or "patent applied for" refer to a warning that inventors are entitled to use in reference to their product or process once a patent application has been filed, but prior to the patent being issued or the application abandoned. 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. These phrases have no legal effect, but only give information that an application for patent has been filed in the Patent and Trademark Office. Some persons mark articles sold with the terms "Patent Applied For" or "Patent Pending." In the United States, according to the United States Patent and Trademark Office, the expression "Patent Pending" as such does not protect an invention until the actual patent is published and/or issued: The law of many countries prohibits fraudulent use of the patent pending warning and inventors should be cautious when marking products or methods that may arguably not be covered by any pending patent application. | |
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