"Patent pending" means someone has filed a patent application for the product. It does not mean a patent was granted, and the application may never become one.
What it does and doesn't do
- It doesn't by itself let the owner sue for infringement. That needs a granted patent.
- It warns competitors. If the patent grants with substantially the same claims, the owner may be able to seek reasonable royalties from the date the application was published, if the copier had actual notice.
- Many "pending" labels refer to provisional applications, which are never examined and expire after 12 months unless followed up.
- Marking a product "patent pending" when nothing is filed is false marking.
How to look it up
Applications usually publish about 18 months after the first filing. Search Google Patents for the company name (assignee) and product function, and look for numbers ending in A1. Recently filed applications may not be visible yet. Our product landscapes show what's published for common products.
If you're an inventor
You can use "patent pending" once you've filed, including a provisional. Search before you file. See patent search before a provisional.
If you want to sell something similar
Read the published claims (see how to read claims), keep in mind that claims often narrow during examination, and get an attorney's view before committing to inventory. See checking before selling on Amazon. Our $99 report charts the 10 closest published patents and applications against your product. Not legal advice.
Check your invention
The 10 closest patents to your idea, charted feature by feature, in 24 hours for $99.
Not legal advice. Not exhaustive.