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Patent Pending on an Invention

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    Legal Power

    • USPTO says that it typically takes 22 months to issue a patent. For an inventor eager to sell the product before the patent is approved, "patent pending" warns others interested in duplicating the idea that they will infringe an upcoming patent. Once USPTO grants the patent, the inventor can legally block anyone from manufacturing, using, or selling a similar concept unless financial compensation is granted to him, states the USPTO.

    Temporary Display

    • When the USPTO issues the patent, the "patent pending" label must be removed or replaced with "Patent Number XX." Alternatively, if the USPTO declines to warrant the patent, the manufacturer must eliminate the label from the package and all related documentation.

    Penalties for Inaccuracy

    • Stating that a patent is pending in absence of application with the USPTO or after a denied patent results in a fine that can reach up to $500 per item sold. Given that this applies to all goods sold, the penalty can reach large amounts, as illustrated by the court case The Forest Group Inc. vs. Bon Tool Co. (Federal Circuit Court, Dec. 28, 2009).

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