What should I know before using "Patent Pending" in my products/ website?

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Some years ago I read that you should not use the phrase "Patent Pending" in connection to products or marketing materials that do not actually feature or describe technology that is actually claimed in a pending patent application, as large fines can be applied.

Does this still stand? If I put a Patent Pending notice in a product do I have to describe it in the product? Can I just have a link to a description? What care do I need?

John Assymptoth

Posted 2012-09-22T08:58:47.037

Reputation: 309

Answers

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Does this still stand?

Yes. Deceptive use of 'patent pending' is an offense.

  • More here from USPTO
  • And more here from UK IP Office

If I put a Patent Pending notice in a product do I have to describe it in the product?

Not required. But you have to mention the patent application number and the country where the patent is applied for. UK information here.

Can I just have a link to a description?

If you have already applied for a patent, yes you can have a webpage with a small description (use discretion).

What care do I need?

After going through web-resources especially Patent Office websites you can seek professional advice if you have further queries or you just want to be that extra sure.

pkz

Posted 2012-09-22T08:58:47.037

Reputation: 571