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What’s the difference between “patent pending” and “patented”?

February 27, 2026

Posted in Video

Transcript:

00:00:00

The difference between patent pending and patented is simple. Patent pending means that you have a provisional application pending, a design application pending, or a non-provisional application pending. And that can take some time to work its way through the office. But once you file it, you can mark your product as patent pending. And that’s something that’s important when you’re dealing with prototype suppliers, manufacturers, distributors,

00:00:28

All of those type of people, you want to inform them clearly that you have one or more U.S. patents pending. When something’s patented, that means that the patent is issued from the patent office. So it could be a utility patent or a design patent or a plant patent, but that’s a small area of the patent law.

00:00:49

And there’s a date that is issued and a number that’s assigned to it. So a number is unique. You can look that up at the patent office and also the date. And those dates are also important because they can tell everyone, including you, how long your patent is going to last, whether it’s a design patent for 15 years or utility patent up to 20 years if you pay the fees.

00:01:13

Importantly, design patents are 15 years, but don’t have any maintenance fees. So in some ways they’re more economical, but they don’t always apply to every invention.

This transcript was AI generated. 

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