When Is a Patent Pending?

A product or process secures patent pending when a patent application has been filed but is not yet granted.

When can patent pending be used?

You can only use the patent pending notice after your patent application is complete. This includes paying the application fee. It is not a term you can use freely. There is a penalty for saying "patent pending," if the application has not been submitted yet.

Are you protected if your patent is pending?

You can officially use the patent pending status after you submit an application to the USPTO. ... The patent pending status provides protection because it discourages people from taking your invention. Once it's patented, if someone takes any part of your invention, it's considered infringement.