What It Means

When you file a patent application, your invention is marked as 'Patent Pending'. This signals that protection is in progress - but you don’t yet have enforceable rights until the patent is approved. This serves as a warning to third parties that a patent might soon be granted. The term can be used when a provisional, complete, or PCT application has been filed and continued until the application is granted, abandoned, or withdrawn.

Why It Matters

Using the Patent Pending status is a strategic business tool that:

Deters competitors and copies

It puts potential imitators on notice that copying your invention could lead to infringement action is a patent grants. This creates a period of uncertainty for them, which can discourage market entry due to their freedom-to-operate concerns.

Enhances commercial appeal

The label adds perceived technological value and credibility. It can strengthen your pitch to investors, partners, and early customers by demonstrating a serious commitment to protecting your IP.

Buys time to develop your product and refine your IP protection

Filing early gives you time to refine your invention, validate the market, or attract funding before making decisions on the final scope of your IP rights.