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UK Patent Pending Introduction

Updated:2018-2-1 14:25:56    Source:www.tannet-group.comViews:263

Patent pending is the term used to describe a patent application that has been filed, but where a patent has not yet been granted. Patent pending indicates that the inventor is pursuing protection. But the scope of protection, or whether a patent will even issue, is not guaranteed. Marking an invention “patent pending” puts the public on notice that the underlying invention may be protected and that copying could infringe.

A product or process secures patent pending when a patent application has been filed but is not yet granted. A patent pending is designed to warn the general public, competitors within your industry and other potential infringers that could copy an invention that they may be liable for damages once the full patent is issued.

How to search for pending patents in the UK
If you wish to check for existing patents pending in the UK, track the progress of a published patent application or see if patents are available to license, the Intellectual Property Office (IPO) allows you to search using its patent information and document service and patent publication service.

The IPO also lists separate channels for the following:
(1) Published Green Channel patent applications;
(2) Patents with a licence of right that you can license to use;
(3) Patents no longer in force, e.g. those that have expired or have been withdrawn.

If after you’ve conducted the necessary patent searches, you’re satisfied that you have an idea that’s potentially patentable, the next step is to undertake a period of market research to understand your target market and its viability as a business.

A patent pending is a clear demonstration of an inventor’s intent to pursue protection of an idea. It’s possible that a patent pending will stop aggressive competitors from attempting to copy your idea. The cost of product development combined with the prospect of possible patent infringement is often enough to stop many people in their tracks. But a patent pending itself gives you no legal right at all until a patent is granted fully.

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