If you own a patent, or you’ve applied for one on a new product you’re about to launch, you’ll probably want customers to know. You can put “patented” or “patent pending” on your packaging. But are you allowed to? What are the restrictions? And what are the benefits? I’ll explain in this blog.
What exactly does 'patent pending' mean?
Let's start with 'patent pending'. It means that you have filed a patent application but the patent has not yet been granted. In other words that you have taken the first step towards protecting your product but are still not quite there yet. The application still has to be examined by the patent office and this process can take quite some time. So you are not yet protected.
What does 'patented' mean?
You are only allowed to use the term 'patented' on your packaging or product once your patent has actually been approved and granted. From then on you are fully protected and others are not allowed to simply copy your product. Among other things, a patent gives you the exclusive right to make, sell or license your invention.
Marketing advantage
Using these terms on your product can have several advantages especially when it comes to marketing. By stating 'patent pending' on your product or that a patent has already been granted you show that your product is innovative and of a high quality. This can help influence customers to choose your product. Innovation inspires confidence and consumers are often willing to pay more for products that are novel and different.
This marketing advantage is particularly important in competitive markets, where the difference between success and failure may depend on how unique and innovative your product is perceived to be.
Patent pending as a warning
Until your patent is granted, you can’t stop competitors copying your product. But once you’ve filed an application, you can put “patent pending” on your product. This signals to competitors that you’ve applied for a patent, and may make them think twice.
If a competitor copies your product anyway, you can send them a written warning. It has no legal force yet, because you don’t have a patent. But it puts them on notice and may scare them off.
Once your patent is granted, you may be able to claim reasonable compensation for use of your invention from the date your application was published.
Be careful
You can only use “patent pending” once you’ve filed your application, and “patented” once your patent has been granted. Using either term too early, or after your patent has lapsed, can have legal consequences. It can count as misleading consumers and lead to heavy fines. Some countries, such as Germany, enforce this strictly.
Don’t forget your patent number
I recommend adding your patent number, not just the word “patented”. It’s clearer for customers and competitors alike. In some countries, such as the United States, you need to include the number to claim full damages if someone infringes. Europe doesn’t always require this, but it can help prove a competitor infringed knowingly, which may affect the damages.
Want to protect your invention, or need advice on how to communicate your patent status? Get in touch. I can guide you through the whole process, from filing to grant.
