What are the Benefits of Patent Pending Status?
Written by JGPC Business Law on April 24, 2017. Updated June 2026.
Patent pending status allows inventors and businesses to publicly indicate that a patent application has been filed while the invention is under review. Although patent-pending status does not provide the full legal protections of an issued patent, it can help establish priority, discourage infringement, and demonstrate your commitment to protecting your intellectual property.
It is well known that patents can provide useful protection to a California business’s ideas and inventions. Even if you or another business owner is not completely clear on what specific protections and remedies are available to you as the holder of a patent, you generally know that a patent protects you from competitors or others who attempt to steal your ideas or inventions for their own gain. Less known, however, is whether “patent pending” status holds any benefit to a business owner in possession of a new idea or invention. As your California patent attorney can help explain, “patent pending” status does provide certain protections to inventors and developers, making the pursuit of such status worthwhile.
Specific Benefits of Patent Pending Status
Patent pending status is conferred upon the successful filing of a provisional patent application form. There are a number of specific benefits that accompany seeking and obtaining “patent pending” status, including:
- Filing date: Applying for patent pending status is a simpler and cheaper process than the actual patent process. While patent pending status does not provide you with the protections of a patent, it does create a “filing date” that can predate the actual date of your patent by 12 months (or more, in certain cases). This can be extremely useful in establishing that your idea or invention predated a competitor’s similar idea or invention. For example, suppose that you obtained patent pending status on May 1 of one year but did not complete the patent process until May 1 of the next. During that time, a rival business begins marketing the same idea. Your filing date can help establish that your idea predates your competitor’s idea.
- Easier process: As mentioned above, the costs (in both time and money) of obtaining patent-pending status are less than those associated with obtaining a patent. While the protections are not as plentiful, some protection for your new idea or invention is better than no protection at all. Given the relative ease with which patent-pending status can be obtained, it is usually a good idea to pursue this path.
- Deterrence: Finally, achieving patent-pending status may, in and of itself, serve to deter would-be idea thieves from stealing your idea or invention. “Patent pending” communicates that you are serious about protecting your intellectual property and will likely assert your legal rights if someone infringes upon your idea or invention.
How JGPC Law Firm Helps with Patents and Intellectual Property Protection
Count on JGPC Law and our team of experienced California patent and intellectual property protection attorneys to help you take appropriate actions to protect your ideas and inventions. Although the process of obtaining patent pending status is meant to be easier than obtaining a patent, mishaps and errors in the process can delay obtaining patent pending status and leave your ideas and inventions open for exploitation. Call JGPC Law and let us help you not only obtain patent pending status but also the protections that a patent affords. Contact us at (925) 463-9600 or contact us online to learn more about safeguarding your business’s valuable intellectual property.
Frequently Asked Questions
What does “patent pending” mean?
Patent pending means that a patent application has been filed with the appropriate patent office and is currently under review. The invention has not yet been granted a patent, but the application process is underway.
Does patent pending status provide the same protection as a patent?
No. Patent pending status does not provide the full legal rights of an issued patent. However, it may offer strategic advantages and can serve as notice that patent protection is being pursued.
Why is patent pending status valuable?
Patent pending status can help deter competitors from copying an invention, demonstrate innovation to investors or business partners, and establish an important filing date within the patent application process.
How long can an invention remain patent pending?
The timeline depends on the type of application filed and the complexity of the review process. Patent examination can take months or, in some cases, several years before a final decision is reached.
Can I market or sell my invention while it is patent pending?
Yes. In many cases, inventors and businesses can manufacture, market, license, and sell products while the patent application is pending, although the specific legal considerations may vary depending on the circumstances.
Should I hire an attorney before filing a patent application?
Working with an experienced intellectual property attorney can help reduce errors, improve application quality, identify potential issues, and maximize the likelihood of obtaining meaningful patent protection for your invention.