The five primary requirements for patentability are: (1) patentable subject matter; (2) utility; (3) novelty; (4) non-obviousness; and (5) enablement. Like trademarks, patents are territorial, meaning they are enforceable in a specific geographic area.
A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence.
The most important difference between a patent pending status and holding a patent is that patent pending denotes that a patent application has been filed. "Patent pending" simply means that you have applied for, but have not yet been granted, a patent.
A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence.
So that begs the question: Is patent pending even important? The short answer is yes, patent pending gives you some immediate benefits. First, it signals to potential investors, partners, and even customers that your invention is serious and that you are taking serious steps to protect it.
What Does "Patent Pending" Mean? The most important difference between a patent pending status and holding a patent is that patent pending denotes that a patent application has been filed. "Patent pending" simply means that you have applied for, but have not yet been granted, a patent.
The term "co-pending applications" refers to pending applications filed by the same applicant.
However, it's important to note that the rights of a patent holder are not fully enforceable until a patent has been granted. On the other hand, a “granted patent” refers to a patent application that has successfully passed the scrutiny of the patent office, leading to the issuance of a patent.
The primary difference lies in the legal implications of each stage. An issued patent grants the holder enforceable rights, allowing them to protect their invention from unauthorized use. Conversely, a published patent application does not provide any enforceable rights.