Sacramento, CA asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California

Q: How long is a "patent pending" status good for and what happens after this period ?

3 Lawyer Answers
Liliana Di Nola-Baron
Liliana Di Nola-Baron
Answered
  • Intellectual Property Lawyer
  • Washington, DC

A: "Patent Pending " means that an application for a patent has been filed for the particular product, system or method with the United States Patent and Trademark Office (USPTO). The status "Patent Pending " ends with the final disposal of the application by the USPTO, which means that either the application is granted a patent or the application is abandoned, rejected or withdrawn.

Marcos Garciaacosta agrees with this answer

Kevin E. Flynn
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: To augment the useful answer already provided by Ms. Di Nola-Baron, let me add that the period that an application is pending varies greatly. If you expedite the process, it is possible to get a patent granted and issued within a year. The US government thinks that if the process takes more than three years (not counting delays by the applicant) that the expiration date of the issued patent should be slid out to compensate one day for each day beyond the three-year target.

These extra days are called Patent Term Adjustment days (PTA) and are printed on the front of a patent. It is not unusual to see PTA of several hundred days and it is not unheard of to see PTA in excess of 1000 days.

Thus, it is not usual for patent applications to be pending for four or more years.

I hope that this helps round out the answer. If you found this answer helpful, you may want to look at my answers to other questions about patent law are available at the bottom of my profile page at https://lawyers.justia.com/lawyer/kevin-e-flynn-880338

Kevin E Flynn

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Intellectual Property Lawyer
  • Mesa, AZ

A: You should consult with an attorney to assess your options

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