What does the term 'patent pending' mean?

“Patent pending” means that a patent application has been filed but the patent has not yet been granted.

The phrase, also written “patent applied for” or abbreviated “pat. pend.,” signals that an invention is the subject of an application still under consideration. The application may be examined, awaiting examination, amended during prosecution, or eventually abandoned. “Patent pending” does not reveal whether the invention will actually receive a patent.

A pending application does not itself provide the same enforceable rights as an issued patent. In the United States, patent protection generally begins when the patent is granted, although certain limited provisional rights can arise after publication if statutory requirements are met and the patent later issues.

A provisional patent application can also support the phrase “patent pending,” but a provisional application is not a patent. It establishes an early filing date and lasts for 12 months unless followed by an appropriate nonprovisional application. The phrase should not be used when no genuine application is pending.