What does it mean when a product is advertised as “Patent pending”?

This simply means a patent has been applied for but it does not mean that the patent is going to be granted. The existence of a patent application, even if unlikely to result in the grant of a patent, can still have a deterrent effect. Those who seek to use the invention risk being sued when the patent is granted. It can also give the impression to potential customers that the product is in someway special or unique. It is, however, an offence to represent that a product is a patented product, or the subject of a patent application, when that is not the case.

Last update on 28.09.11 by the ACID Team.

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