程阳:关于 patent pending 的那些事儿

标签:
casino-gamespatentspatent-pending |
分类: 渠道游戏 |

An investor who has filed, yet not received his official patent,
may designate his product as "patent pending.".

It is a federal crime to name something as "patent pending" if an application has not been filed with the United States Patents and Trade Office.
Using a false "patent pending" designation could lead to a serious
charge of trademark or patent infringement.
.
.
What does Patent Pending Mean?
.
.
Many inventors and manufacturers apply for official patents
through the United States Patents and Trade Office (USPTO), but the
approval process can take at least 18 months. In order to establish
ownership of a product idea, inventors and manufacturers often
place the words "Patent Pending" (abbreviated Pat. Pend.) directly
on the products until the official patent is issued. This term lets
other inventors and marketers know that the USPTO application
process has already begun and it's only a matter of time before a
20 year patent is granted, at least in the case of products.
.
There are certain conditions under which the "Patent Pending"
designation can be used. The most important condition is to
actually have a patent awaiting approval in the USPTO or foreign
equivalent. Unscrupulous manufacturers cannot legally place the
words "Patent Pending" on a product without a patent. Once the
actual application has started, only the inventor or manufacturer
can use the term for intellectual property protection. Once a
patent is issued, the official patent number should replace any
other stopgap designations.
.
The use of "Patent Pending", surprisingly enough, does not
fully protect the inventor or manufacturer from competitors. Until
the USPTO patent application is completely approved, any other
manufacturer can legally use the basic concepts behind any product
or technology. What the Patent Pending designation does is let all
other competitors know that, in a relatively short amount of time,
the product (along with the design and manufacturing ideas) will be
the exclusive property of the patent holder. Other companies can
continue to produce similar products right up until the official
patent is issued and the markings on the patented product are
changed.
.
Using the term "Patent Pending" knowing an application has not
been made is considered a federal crime and can mean major
financial fines and/or prison time. It can be tempting as an
independent inventor with little investment capital to create a
false "Patent Pending" designation, but this could lead to a
serious charge of trademark or patent infringement. Many larger
corporations with research and development departments routinely
apply for patent protection on ideas which may never see the light
of day. It is up to would-be entrepreneurs and inventors to
investigate the USPTO's archives of patented or patent pending
products before investing time and money in a similar
concept.
.
File Patent
Pending
- Both
the United States
Patent and Trademark Office, or USPTO, and the United Kingdom’s Intellectual Property Office, or IPO, specifically encourage patent applicants to advertise products as patent pending once a patent application has been filed. “Patent pending” notices give inventors a way to alert the consuming public that the rights underlying the product and its manufacturing are not up for grabs.
- Many
of those who
file civil suits claiming infringements choose to hire a patent attorney, who has specialization in the field.
.
Patent Pending
Ideas
- In
order to establish ownership of a
product
idea, inventors and manufacturers often place the words "Patent Pending" (abbreviated Pat. Pend.
-
Patent
law pertains not only to the processes governing applying for and granting a patent, but also to enforcing existing patents. It is the patent holder’s responsibility to pursue a violation of his or her patented rights.
.
Patent Pending
- In
order to establish ownership of a product idea, inventors and
manufacturers often place the words "Patent
Pending" (abbreviated Pat. Pend.) directly on the products until the official patent is issued.
- Both
the United States
Patent and Trademark Office, or USPTO, and the United Kingdom’s Intellectual Property Office, or IPO, specifically encourage patent applicants to advertise products as patent pending once a patent application has been filed. “Patent pending” notices give inventors a way to alert the consuming public that the rights underlying the product and its manufacturing are not up for grabs.
.
Patent Pending
Inventions
- In
addition to the costs and time benefits of the
provisional
patent application, the invention may be marketed and referenced as "PatentPending" in any descriptive materials.
- Under
United States
patent law, three criteria must be applicable to the invention before a patent is granted. The invention must be new, useful, and not obvious to those with ordinary skills in any area related to the invention.
.
Patent Pending
Ideas
- In
order to establish ownership of a
product
idea, inventors and manufacturers often place the words "Patent Pending" (abbreviated Pat. Pend.
-
Patent
law pertains not only to the processes governing applying for and granting a patent, but also to enforcing existing patents. It is the patent holder’s responsibility to pursue a violation of his or her patented rights.
.
File Patent
Pending
- Both
the United States
Patent and Trademark Office, or USPTO, and the United Kingdom’s Intellectual Property Office, or IPO, specifically encourage patent applicants to advertise products as patent pending once a patent application has been filed. “Patent pending” notices give inventors a way to alert the consuming public that the rights underlying the product and its manufacturing are not up for grabs.
- Many
of those who
file civil suits claiming infringements choose to hire a patent attorney, who has specialization in the field.
.
Patent Pending
Infringement
- In
order to establish ownership of a product idea, inventors and
manufacturers often place the words "Patent
Pending" (abbreviated Pat. Pend.) directly on the products until the official patent is issued.
- Many
of those who file civil suits claiming
infringements choose to hire a patent attorney, who has specialization in the field.