PATENT PRETENDING
There’s no question that navigating the world of intellectual property is a minefield. But when it comes to patents its important to understand the law. A patent is a legal protection to an invention, giving exclusive rights to the inventor or company for a limited period of time. This exclusivity encourages companies to invest into innovation and technological advancements.
A Patent Pending is a declaration that you have filed the necessary paperwork to start the process for patenting your unique innovation.
This declaration serves as a warning to other inventors that particular element to the design are protected, but a patent is not yet granted. It is not a way to just discourage your competitors from copying you.
Claiming "patent pending" status without filing a patent application is considered fraudulent and deceptive. Doing so may result in legal penalties under false advertising or consumer protection laws, as it can mislead competitors and consumers.
“Serves as a warning to other inventors”
Misuse of Patent Pending
While "patent pending" can discourage your competitors by suggesting that rights may soon be enforceable, its use must be honest and based on an actual application. Misrepresentation will destroy trust & exposes individuals or businesses to legal attack.
As designers and inventors we are often drawn to new products, we are inquisitive, we want to learn… and lets face it, we’re all a little judgmental. So, when we come across a product with a patent pending label we might ask ‘what is patentable about that’? and in some cases even doubt if a patent is even plausible.
I think in most cases, its completely innocent, you might not understand the implications of writing those two words. You may have filed the patent, had tooling made but when the patent wasn’t granted you didn’t remove the in mould text.
Don’t get me wrong, we all want to protect out IP, but next time you go to write PP - I will be doubting it. ;-)