This article covers when the designation "Patent Pending" can be used.

1. Summary

Generally, a product is "Patent Pending" for as long as a patent application is pending at the U.S. Patent and Trademark Office (USPTO).

2. "Patent Pending" While Patent Application Pending at USPTO

Generally, a product may be marked "Patent Pending" so long as there are pending patent application(s) at the USPTO directed to at least one aspect of the product.

A provisional patent application is pending for one year from the filing date. Typically, a non-provisional patent application is filed within one year of filing the provisional patent application. This non-provisional patent application incorporates the provisional patent application. The product remains "Patent Pending" so long as the non-provisional patent application is pending.

For non-provisional patent applications and design patent applications, the patent applications are pending so long as the patent has not issued or the patent application is not abandoned. As long as the patent application is pending, a product may be marked "Patent Pending."

3. What if the Patent Application is no Longer Pending

Once the patent issues, the product may be relabeled from "Patent Pending" to "Patented."

In the situation where the patent application is abandoned, newly produced physical products would need to have the "Patent Pending" designation removed. For products where control is retained, such as Software-as-a-Service, the "Patent Pending" label would need to be removed.