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Patent Pending.
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Patent Pending
We provide “Patent Pending” status with strength.
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Patent Pending is used by inventors to give notice to the public that the disclosed invention or invention product is important enough to seek exclusive rights and protections with a currently filed patent. It advises others not to make, sell, use, or import the idea without permission, license, or purchase.
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When Can “Patent Pending” Be Claimed
  • A Provisional Application (“Provisional Patent”)
  • A Design Patent ApplicationPatent Pending
  • A Utility Patent Application
  • A Business / App Patent Application
  • A Plant Patent Application
  • An International Application
  • A Foreign Application
  • A U.S. National Stage Entry
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Patent Pending is optional
“Reasonable royalties do not depend upon the presence or absence of “Patent Pending” markings, but on the published application, notice to cease infringement and a copy of the published patent application given, evidence that products are similar, and if infringement continues.”  (35 U.S.C. § 154(d)(3)
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Patent Pending Uses
Give Public Notice – A deterrence message that the invention is important to the inventor and a patent is being pursued that would give rights for “reasonable royalties” if others were to infringe those granted rights (unauthorized making, selling, using, and importing).
Marketing Clout – As the Patent Pending marking is optional, it may be used to add credibility and clout to the invention component or invention product in the perception of the market.
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Power of “Patent Pending”
The value of a “Patent Pending” notice varies:Patent Pending
  • Can be worthless with no more clout than 13 letters, or
  • Can be substantive and equal to rights granted in the patent.
  • It is the inventor’s choice based on the quality of the application filing.
The power of the notice of patent pending depends upon the power of the patent application and how comprehensively features of the invention are captured.
(35 U.S.C. § 154(d)(1) “In General – In addition to other rights provided by this section, a patent shall include the right to obtain a reasonable royalty from any person who, during the period beginning on the date of publication … and ending on the date the patent is issued -” 
(35 U.S.C. § 154(d)(2) “…The right under paragraph (1) to obtain a reasonable royalty shall not be available under this subsection unless the invention as claimed in the patent is substantially identical to the invention as claimed in the published patent application.
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The above means there is power with the “Patent Pending” notice, but only for what the patent application adequately discloses. A strong and comprehensive application has power and an incomplete application only has selective value at best and may be worthless at worst.
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How Does Patent Pending Work
File Application, Mark “Patent Pending,” and Market Immediately –  “Patent Pending” becomes a tool to give notice to the public that the inventor values the invention and intends to exert retroactive and future their patent rights, if allowed and issued.
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Duration of “Patent Pending” – Use is authorized until the application issues as a patent or is abandoned.
Patent Ultimately Allowed – The practical result is that any infringement during the patent pending period can be addressed with recourse after the patent is issued.
Patent Not Ultimately Allowed – If the patent is not allowed, then the inventor has benefited from months to even years of near patent level exclusivity and head start in the market. There are no awarded exclusive rights, but now free enterprise. Meaning, the inventor will not be stopped from marketing their product as the invention disclosure prevents others from patenting the invention.
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Time Frame To Exercise Rights – “Patent Pending” rights are exercised after the patent is issued and are retroactive to the date of patent application filing, it others are given notice by other documents or with the patent application publication. Infringement occurs when others are given notice they are using the inventor’s ideas.
(35 U.S.C. § 154(d)(3) “The right under paragraph (1) to obtain a reasonable royalty shall be available only in an action brought not later than 6 years after the patent is issued.”
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Fortress PATENTS / IP is available to assist in creating comprehensive Non-Provisional and Provisional Patent Applications to ensure powerful “Patent Pending” notification.
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