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Definition - Patent Pending?

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Definition: "Patent Pending"" is a phrase that is sometimes seen on manufactured items. Patent pending means that someone has filed for a patent on an invention and is waiting to see if the patent is granted.

Manufacturers use patent pending as a warning that a patent may be issued that would cover the item and that copiers should be careful because they might infringe if the patent issues. Once the patent issues, the patent owner will stop using the phrase patent pending and start using a phrase such as "covered by U.S. Patent Number XXXXXXX."

Applying the patent pending phrase to an item when no patent application has been made can result in a fine. You can only use the term patent pending if you have applied for a patent (provisonal or non-provisional).You cannot use the term patent pending if it is not true.

Also see: Correct Use of Patent Marks and Patent Pending

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