Wednesday, December 23, 2015

Can I Mark My Design with Patent Pending?

More on design patents.
Dear Rich: If I submit a design patent, am I allowed to mark my product as patent pending up until the product is either accepted or rejected?
Once you have filed a  provisional, utility or design patent application with the U.S. Patent Office, you can mark your product as "Patent Pending." False use of the marking -- that is marking it when no application is pending -- is prohibited. You can place the notice (or something similar such as "Pat. Pend." or "Patent Applied For") on the invention, the design product, the product package, marketing materials, at your website, or in similar locations. And of course, labeling your design as "Patent Pending" does not give you any patent rights. Protection begins once the design patent is issued. Here's more on "patent pending" status.