File patent pending

Quick Start Guides. PAIR Resources. The Sponsorship Tool in Patent Center is now available for registered practitioners to sponsor their support staff to work on their behalf. In Patent Center select Manage and Sponsor user to review active or pending sponsorship requests. Get a free, no-obligation price quote below: Name First Last. Simple Device or Widget no electrical components, less than two moving parts Complex Device electrical components or two or more moving parts Software, Mobile Apps, Computer Systems Other please describe below.

Briefly sentences describe what your invention does and how it works. You do not have to include confidential information just give a broad overview.

Optional not requried If you have any photos or drawings, please upload them here. This field is for validation purposes and should be left unchanged. Once you have submitted the application, it is completely up to you whether to include "patent pending" on the product, materials, or packaging. Some companies and individuals choose to include it to inform the public that the patent application is on file with the USPTO.

If you choose not to go through the patent filing process, you should never use "patent pending" on any of your materials or on the product itself.

If you have a patent pending serial number, you can begin using it on the packaging, marketing materials, ad campaigns, and other outlets. Some people choose to mark items sold with either "patent pending" or "patent applied for.

If someone else tries to create and distribute a similar or identical product, you can take legal action once the patent has been granted. Using any materials that listed the patent pending serial number as evidence can help create a stronger case against the person or company who infringed since these clearly show that you indicated patent pending status and that the patent was in process.

If you can use your materials or product to prove that the other party willfully infringed on your patent, the damages are tripled. These risks make it less likely for others to copy an idea when it holds the patent pending status.

You may also be able to get a legal injunction to stop the other company or person from producing the product until the patent process is complete. If the patent does get approved, the holder can sue for damages for up to 18 months after the application is filed. But in most cases, it is difficult to take any type of legal action until you hold an approved patent.

When using the patent pending status on any materials, make sure to clearly state that the patent is pending. Misrepresenting a patent pending status could put you at legal risk, especially if your patent is denied. There is no legal requirement to include the serial number on any materials. Include drawings of your invention. Doing so lets you capture the PPA filing date, giving you an earlier and better date for your application.

If adopted, this change would be implemented through the missing parts practice in nonprovisional patent applications. The nonprovisional application, therefore, would still need to be filed within 12 months after the date on which the corresponding provisional application was filed.