Patent Pending Symbol Example: Everything You Need To Know

A patent pending symbol example is the language or wording used to indicate that an invention is in the process of being patented.3 min read

What Is a Patent?

A patent is a type of legal protection for an invention. If you have filed a patent application for your invention, you can market or sell the product with the words "Patent Pending." "Patent Applied For" is also acceptable verbiage. This can be used as soon as you receive provisional approval from the USPTO. This alerts competitors that infringing on the invention could result in legal action since you will have the right to seek monetary damages in court once the patent is awarded.

When your patent is issued you must replace the words Patent Pending with the words “U.S. Pat. No. X,XXX,XXX” with your official patent number. Check the packaging of reputable products to see samples of how this should appear.

Your patent is good for 20 years from the file date, after which you may no longer use this designation on your product or packaging.

You may see a P in a circle used to indicate that an item is patented, but this usage is incorrect. The circled P symbol actually is used for a copyrighted musical recording (the P stands for phonogram).

Before passage of the American Invents Act (AIA), patent owners were required to use the patent number of their product or packaging. Today, you can also take advantage of virtual marking. This means that after the word Patent, you can include a URL where the person can find more information about your patent.

In situations where a symbol or image is required to represent the patent, you can use the seal and ribbon icon provided by the USPTO, which is printed on the cover of your issued patent.

What Is a Trademark?

According to the United States Patent and Trademark Office (USPTO), a trademark consists of designs, words, phrases, symbols, or a combination of these elements that serves to distinguish your business's products and services from those offered by competitors. You can trademark your business name, product names, color palettes, tagline, logo, and other branding elements.

A trademark that has been registered with the USPTO can be identified by placing the ® symbol next to it. You can also use the words "Registered in U.S. Patent and Trademark Office" to make this designation. Doing so lets the public know that you own the mark in question and have the legal power to use the mark exclusively, register it in foreign countries, and prevent others from infringing on it.