What Does Patent Pending Mean in the UK?

If your UK-based business invents new products to market and sell, you may be wondering how to protect these inventions. Luckily, in the UK, patents can protect inventions from copycats in the marketplace. However, you have probably seen the phrase ‘patent pending’ concerning other people’s products and wondered what it means. This article will give you an introduction to patents and explain what patent pending means.

What is a Patent?

A patent is a form of intellectual property that protects inventions and their applications. Patents cannot protect ideas. If an inventor obtains a patent for their creation, they have the exclusive right to make that product for a maximum of 20 years.

Note that patents only give territorial rights. This means that if you receive a patent in the UK, your exclusive rights only extend to the UK. For that reason, some inventors will also file applications in overseas countries through the Patent Cooperation Treaty or the European Patent Office for European countries. Alternatively, inventors can apply for protection in each country where they wish to do so.

‘Patent Pending’

‘Patent pending’ means someone has applied for a patent on a product, but the UK Intellectual Property Office has not yet granted it. It is the inventor’s way of informing people that they hope to get a patent. Therefore, anyone copying the product will potentially infringe the inventor’s intellectual property rights. Inventors seeking funding for their creations will often use this term.

How Should I Use the Patent Pending Notice?

If you want to use the term ‘patent pending’ concerning your product, you should include your patent application number and the countries where you have an active patent application. This prevents any marketplace confusion and clarifies where the patent will be applicable in the future. 

‘Patent pending’ does not have a specific legal meaning and does not grant you any protection. However, it does warn potential infringers that you will pursue legal action over any patent infringement once you receive your patent. If you prefer, you can use the phrase ‘patent applied for’ instead of ‘patent pending’.

You must not use ‘patent pending’ if you have not applied for a patent. It is an offence in the UK to represent that you have a valid patent or have applied for a patent. You may receive a fine for misusing the term.

Why Might a Business Not Want to Use ‘Patent Pending’?

While the ‘patent pending’ status can offer certain advantages, there are reasons why a business might choose not to disclose its patent application.

Firstly, maintaining secrecy can provide a competitive edge. By keeping the invention under wraps, the business prevents competitors from developing similar products or ‘designing around’ the pending patent.

Secondly, non-disclosure reduces the risk of attracting patent opposition. Once an application is published, it becomes open to scrutiny. Competitors might file pre-grant oppositions or start gathering prior art (evidence of similar existing technology or inventions) to challenge the patent’s validity.

Additionally, keeping the application confidential allows for strategic flexibility. The business can continue to develop and refine the invention without public scrutiny or pressure. It also provides time to assess market potential before committing to the significant costs of international patent filings.

Furthermore, in some cases, the invention might be more valuable as a trade secret. If the patent application is ultimately unsuccessful, having maintained secrecy preserves the option to protect the innovation as confidential know-how.

Lastly, non-disclosure can be part of a broader IP strategy, allowing the business to build a stronger patent portfolio before revealing its hand to competitors.

How to Apply for a Patent

You can apply for a patent if your invention is something new, innovative, and is something you can make or use. In this context, inventive means that your creation cannot be an obvious modification of something that already exists.

To apply for a patent in the UK, you should apply online through the UK Intellectual Property Office. Your application must include a detailed description of your invention, including its technical features. You can also submit technical drawings that help illustrate your invention and its function.

Once you have filed your patent application, you will receive a filing date from the UK Intellectual Property Office. You can start using the ‘patent pending’ notice as of this date. It may take around five years to obtain a patent, but this filing date means you can utilise your invention. As patents require your invention to be ‘new’, launching your invention before securing your filing date could invalidate your application.

Other Ways of Protecting Products

If you are developing a new product and are hoping for patent protection, you must keep your invention secret until you apply for the patent. If you need to discuss it with anyone else, you should ask them to sign a non-disclosure agreement. This will demonstrate that you have taken steps to maintain the secrecy of your invention.

Other forms of intellectual property protection can help you protect your business’s products. For example, you can use a trade mark to protect a new brand that you have created. You can also use design rights to protect the appearance of a product.   

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Checking Other Patents

Before applying for patent protection, you should check that no one else has already registered a similar patent. You may also want to do this to get an idea of the types of inventions that qualify for patents. You can search for patents, both granted and in the application process, through the UK Intellectual Property Office.

Key Takeaways

If you are an inventor thinking about applying for a patent, it is helpful to understand how and when to use the term ‘patent pending’. It is an offence to use the term in the UK if you have not applied for a patent. Applying for a patent is a complicated and lengthy process, and the Intellectual Property Office recommends that you seek expert legal advice before applying.

Frequently Asked Questions

Do I need to get a patent for my invention?

No, you only need to obtain a patent if you want to stop anyone from copying your invention. Some inventors design products to benefit as many people as possible, so they will not apply for a patent. Others will try to obtain a patent but find that their product does not meet the patent requirements.  

What are the essential requirements for an invention to be eligible for a patent?

Your invention must be brand new and involve an inventive step to be eligible for a patent. That means that someone should not be an obvious modification of an existing product. Your invention also needs to be something that you can make or use.