# "Patent pending" - for how long? **URL:** \ **Category:** Factual Questions\ **Created:** [December 18, 2005, 5:37pm UTC](https://boards.straightdope.com/t/patent-pending-for-how-long/336184 "2005-12-18T17:37:43Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![Mr.Blue\_Sky](https://avatars.discourse-cdn.com/v4/letter/m/d26b3c/32.png) [@Mr.Blue\_Sky](https://boards.straightdope.com/u/Mr.Blue_Sky)\ **Post date:** [December 18, 2005, 5:37pm UTC](https://boards.straightdope.com/t/patent-pending-for-how-long/336184/1 "2005-12-18T17:37:43Z")
Sometimes you’ll see “patent pending” on something. How long must it “pend” usually? What if the patent is never granted? Can someone else make copies of it without paying a royalty or fee? ---
**Author:** ![David\_Simmons](https://avatars.discourse-cdn.com/v4/letter/d/9de053/32.png) [@David\_Simmons](https://boards.straightdope.com/u/David_Simmons)\ **Post date:** [December 18, 2005, 7:50pm UTC](https://boards.straightdope.com/t/patent-pending-for-how-long/336184/2 "2005-12-18T19:50:33Z")
I’m not a lawyer and especially not a patent lawyer, but I think that Patent Pending merely means that a patent has been applied for. If one is never issued then the device is not protected by patent. ---
**Author:** ![Squink](https://avatars.discourse-cdn.com/v4/letter/s/b5e925/32.png) [@Squink](https://boards.straightdope.com/u/Squink)\ **Post date:** [December 18, 2005, 8:13pm UTC](https://boards.straightdope.com/t/patent-pending-for-how-long/336184/3 "2005-12-18T20:13:07Z")
From the US patent and trademark office faq: [What do the terms “patent pending” and “patent applied for” mean?](http://www.uspto.gov/web/offices/pac/doc/general/faq.htm) > [@](#): > > A. They are used by a manufacturer or seller of an article to inform the public that an application for patent on that article is on file in the United States Patent and Trademark Office. The law imposes a fine on those who use these terms falsely to deceive the public. ---
**Author:** ![ombre3](https://avatars.discourse-cdn.com/v4/letter/o/da6949/32.png) [@ombre3](https://boards.straightdope.com/u/ombre3)\ **Post date:** [December 18, 2005, 8:17pm UTC](https://boards.straightdope.com/t/patent-pending-for-how-long/336184/4 "2005-12-18T20:17:01Z")
Does that mean that while the patent is pending--------you can copy it as much as you want to? ---
**Author:** ![Mr.Blue\_Sky](https://avatars.discourse-cdn.com/v4/letter/m/d26b3c/32.png) [@Mr.Blue\_Sky](https://boards.straightdope.com/u/Mr.Blue_Sky)\ **Post date:** [December 18, 2005, 8:34pm UTC](https://boards.straightdope.com/t/patent-pending-for-how-long/336184/5 "2005-12-18T20:34:44Z")
> [@ombre3](#): > > Does that mean that while the patent is pending--------you can copy it as much as you want to? I’m curious about this, too. What if I copy your invention until your patent comes through and then stop? ---
**Author:** ![ftg](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ftg/32/2801_2.png) [@ftg](https://boards.straightdope.com/u/ftg)\ **Post date:** [December 18, 2005, 8:42pm UTC](https://boards.straightdope.com/t/patent-pending-for-how-long/336184/6 "2005-12-18T20:42:21Z")
“Patent Pending” is a warning. If the patent goes thru, anybody who infringed the patent is liable for damages. (If it doesn’t go thru, then no problem.) There can be extra damages for deliberate infringement, which would certainly be the case if you saw the “Patent Pending” and went ahead and infringed anyway. It can take an amazingly long time for some patent battles to end. Some classic examples include the digital computer and the laser. (The patent will be in effect retroactively. If it is awarded after 14 years, then it has already expired! But during the period it was designated in effect, you can go after people that infringed in that time period.) Since it all involves lawyers, the government, negotiated conditional rights and all, it’s messy. ---
**Author:** ![samclem](https://avatars.discourse-cdn.com/v4/letter/s/a9a28c/32.png) [@samclem](https://boards.straightdope.com/u/samclem)\ **Post date:** [December 18, 2005, 8:44pm UTC](https://boards.straightdope.com/t/patent-pending-for-how-long/336184/7 "2005-12-18T20:44:29Z")
[http://www.nolo.com/article.cfm/objectID/75EE515D-3C27-4165-AA54D4EEDA1C1DD0/310/101/134/ART/](http://www.nolo.com/article.cfm/objectID/75EE515D-3C27-4165-AA54D4EEDA1C1DD0/310/101/134/ART/) My reading is also that if you infringe on someone’s potential patent, you may be later liable. I don’t know if the above will help. ---
**Author:** ![Cartooniverse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cartooniverse/32/3084_2.png) [@Cartooniverse](https://boards.straightdope.com/u/Cartooniverse)\ **Post date:** [December 19, 2005, 4:14am UTC](https://boards.straightdope.com/t/patent-pending-for-how-long/336184/8 "2005-12-19T04:14:47Z")
> [@ftg](#): > > It can take an amazingly long time for some patent battles to end. Some classic examples include the digital computer and the laser. (The patent will be in effect retroactively. If it is awarded after 14 years, then it has already expired! But during the period it was designated in effect, you can go after people that infringed in that time period.) > . Indeed. I cite this informative little link about the [Ampex Corporation](http://www.ampex.com/03corp/03corp.html). In fact, they have a patent that protects the ditigal storage and retrieval of images. Period. Scary but true, I had dinner with two Ampex executives a few months ago. The implications are scary- Ampex does indeed get a piece of every single USB storage stick, memory stick, digital camera, Mini DV Camcorder, etc. Not a huge piece, but they patented the technology of digital image storage and retrieval. I’m trying like heck to find that exact patent, but haven’t yet. A perusal of that link will give you an inkling of how fundamental some of their patents are. I haven’t even applied yet for the search for my patent. First I gotta have it rendered in SolidWorks. Then I gotta get the attorney. Then, i gotta hemorrhage some serious bread. :eek: Cartooniverse ---
**Author:** ![Quotidian](https://avatars.discourse-cdn.com/v4/letter/q/82dd89/32.png) [@Quotidian](https://boards.straightdope.com/u/Quotidian)\ **Post date:** [December 19, 2005, 4:25am UTC](https://boards.straightdope.com/t/patent-pending-for-how-long/336184/9 "2005-12-19T04:25:14Z")
> [@Mr. Blue Sky](#): > > I’m curious about this, too. What if I copy your invention until your patent comes through and then stop? Royalties can be collected retroactively if the infringer knew about the application and the issued application contains an infringed original claim (part of the patent) substantially unchanged. ---
**Author:** ![Cerowyn](https://avatars.discourse-cdn.com/v4/letter/c/82dd89/32.png) [@Cerowyn](https://boards.straightdope.com/u/Cerowyn)\ **Post date:** [December 19, 2005, 5:24am UTC](https://boards.straightdope.com/t/patent-pending-for-how-long/336184/10 "2005-12-19T05:24:44Z")
Patent protection applies from the moment the USPTO acknowledges your patent submission (assuming that is ultimately granted). You can amend a patent somewhat without affecting that protection, so it is often wise to submit a patent application as soon as it is substantially complete, even if it’s not perfect yet. If, however, a reviewer deems your updates too substantial, she can rule that it’s a new application, and the original one is (IIRC) nullified. As others have posted, “patent pending” simply means that the patent has been submitted, but has not yet been granted. Any use of that patented art is actionable, even if it was prior to the actual patent grant.