Legal reference

• This term (as well as "patent applied for") provides a gloss of authority that is not necessary merited. According to the U.S. Patent and Trademark Office, "these phrases have no legal effect, but only give information that an application for patent has been filed." Such filings are no guarantee that the patent will ever be issued.
  
  

Provisional applications

• The words "patent pending" can also be used when the inventor submits a provisional patent application. Under these circumstances, the inventor has not even filed a final patent application.
  
  

Penalties

• Penalties for fraudulent use of this term can be imposed under 35 U.S. Code 295. This law states that "Whoever marks upon, or affixes to, or uses in advertising in connection with any article the words 'patent applied for,' 'patent pending,' or any word importing that an application for patent has been made, when no application for patent has been made, or if made, is not pending, for the purpose of deceiving the public, shall be fined not more than $500 for every such offense."
  
  

Considerations

• The law regarding the use of the phrase "patent pending" is very different from the law requiring that manufactured items be marked with the applicable patent numbers. The law does not require a manufacturer to indicate that a patent has been applied for.
  
  

Warnings

• Consult an attorney if you are confused about using the term "patent pending."