"Patent Pending" Provisional Rights

MichaelaZanello's picture


Area of Law: 

Recently a client asked me to sue a competitor for infringement on her patent application. I told her that even though you can mark articles with the terms "Patent Applied For" or "Patent Pending" these phrases have no legal effect, but only give information that an application for patent has been filed in the United States Patent and Trademark Office. The protection afforded by a patent does not start until the actual grant of the patent.

However, damages for pre-patent grant infringement by another are now available. The American Inventors Protection Act, 35 U.S.C. & 154 (d) gives the inventor provisional rights. 


To read more of Vincent LoTempio's informative article about patent law, visit the LoTempio Law Blog. The blog's homepage can be viewed here