Patent Law
Understanding Patent Pending: Safeguard Your Invention
A patent protects your invention, whether it’s a machine or another useful device. Legally, it grants you the exclusive right to exclude others from making, using, offering to sell, selling, or importing your patented invention into the United States.
Patent pending status indicates that you have filed an application for a patent and are awaiting approval. While your application is under review, this status provides a level of protection, warning others against potentially exploiting your invention during the approval process.
Cost of Securing Patent Pending Status: What to Expect
The cost of obtaining patent pending status varies depending on the complexity of your invention and the time required to draft the application. At Madan Law PLLC, we typically offer flat-rate options for our clients. We encourage you to call us to discuss the specific costs involved in securing patent pending protection for your invention.
Timeline for Approval: How Long Will It Take?
As of January 2014, the United States Patent & Trademark Office (USPTO) reports that the average application remains pending for about 24.6 months. Additionally, applications are numbered sequentially, and you’ll receive notification of your application number and official filing date within eight weeks if filed on paper. However, if you file electronically, you can access your application number within minutes.
Duration of Patent Protection: What you Need to Know
For applications filed on or after June 8, 1995, utility and plant patents last for 20 years from the date you first applied, subject to the payment of maintenance fees. In contrast, design patents last 14 years from the date they are granted.