Forums: Discussions for entrepreneurs and small business.

If i have patent pending status,do i still need to have potential mfgers.buyers and retailers sign NDA`s,in trying to get initial interests and orders?

 

 

see my other posts about NDA`s.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

When can you use the phrase "patent pending"?  Is it enough to have thought about patenting an idea to say patent pending?

With my product I have gotten differing opinions as to whether or not it is patentable, and whether I should file for a provisional, utility, design patent .... yada yada.  I have a partner that feels if we can not afford to defend it legally from a financial standpoint, why bother with a patent at all.

As I sort out of of this confusion is it okay to use "patent pending"?  Is it of any value to use "patent pending"?

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Charlotte Terry
RooKaps -- USB Replacement Caps


http://www.RooKaps.com

Patent Pending means that you have filed the first forms with the patent office but you have not yet received the patent.  So to answer your question, you cannot use that phrase if you are just thinking about getting a patent.

Patent Pending also gives you legal protection although the final patent has not been issued yet.  I am not sure of all the details so you would have to consult an attorney - or maybe there is info at USPTO.gov.

What the PTO has to say about that (emphasis mine)

PATENT MARKING AND "PATENT PENDING"
(Excerpted from General Information Concerning Patents print brochure)

A patentee who makes or sells patented articles, or a person who does so for or under the patentee is required to mark the articles with the word "Patent" and the number of the patent. The penalty for failure to mark is that the patentee may not recover damages from an infringer unless the infringer was duly notified of the infringement and continued to infringe after the notice.

The marking of an article as patented when it is not in fact patented is against the law and subjects the offender to a penalty. Some persons mark articles sold with the terms "Patent Applied For" or "Patent Pending." These phrases have no legal effect, but only give information that an application for patent has been filed in the Patent and Trademark Office. The protection afforded by a patent does not start until the actual grant of the patent. False use of these phrases or their equivalent is prohibited

Good afternoon Rookaps!  My patent attorney has advised that you should absolutely not use the term "patent pending" unless and until you have filed for your provisional, design or utility patent.

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Leslie
Founder and President
Charmed Life Products LLC
Grill Charms™… The MUST HAVE grilling accessory that is revolutionizing the American Cook-out AND The perfect gift for any occasion!
Grill Charms
                                                                                                    

Yeah, that`s sorta what I figured...

Thanks All.

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Charlotte Terry
RooKaps -- USB Replacement Caps


http://www.RooKaps.com