Are "Patent application" valid patents?


Please confirm if I do read this correctly.

You can fill a patent for a product design and get this granted or not. When the patent is granted you can find that back on with the notification that the patent is a "Granted Patent". The Patent number change if I am correct from A1 to B2 if the patent is granted.

If the patent is filled in and not granted it is noted as "Patent Application" and this says that the patent is applied for but for now not granted. Does it also says that when the patent is published in November 2008 that the patent is not granted and is not given. Now 2015 a good few years after the publishing of the patent and it still stands on "patent application". Do I have the right assumption that this international patent is not granted, because it is longer than 18 months?

We have a great product idea but after many hours searching we did find this old applied patent and now we are wondering when we are going to develop this product we are not breaking this patent.

Perhaps I do understand the meaning of "patent application" incorrect but please help me and I would be greatfull!

Ruben Neijenhuijs

Posted 2015-06-01T14:37:07.467

Reputation: 21



In simpler terms if patent is pending under evaluation by Patent Office then it is a potential granted patent. Now based on various analysis like prior art search, in-house evaluation, examiner view etc. an inventor or patent attorney can make out how much is grant eligible claim.

If patent office label application as withdrawn, abandoned, rejected, ceased, lapsed by any one factor then patent is taken as dead. But in that case too a researcher has to see child patents, family patents, overlapping patents and special certificate or other regulatory protection applicability. its a vast area and state of art expert attorney in field can assist you with nominal fees.


Posted 2015-06-01T14:37:07.467

Reputation: 2 115


Patent applications are pending and not the same as issued patents. Applications can be rejected and are still considered pending until various deadlines for response to rejections have passed at which point an application becomes abandoned. However, an application that is abandoned may still be revived in some circumstances.


Posted 2015-06-01T14:37:07.467

Reputation: 1 001