The Basics

What Patent Pending Means

Patent pending signals that an application has been filed. It does not mean a patent has issued or that the product is covered by an enforceable claim.

“Patent pending” indicates that a patent application has been filed. You may see the phrase on a product, packaging, or a website while an application is being pursued.

What It Does Not Establish

The phrase does not show that the patent office has allowed any claim. It also does not tell you the application’s scope, which claims may survive examination, or whether a patent will issue.

An application and an issued patent are different records. An unpublished application may not be available to the public, even when a product carries the phrase.

Check the Available Record

When a publication or patent number is available, use it to find the corresponding document and status information. Avoid drawing a conclusion from packaging alone.

Keep Unpublished Information Private

Our forms accept only public identifiers. If an application is not public, omit its number and any invention details. To understand the filing options, read provisional vs. non-provisional applications.

Primary Sources

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