Patent PendingThe term patent pending is used to refer to a certain warning which is issued by the discoverers or inventors have the right to use up on the process or product which they invented after the filing of a patent. It is basically a warning which they issue in order to show that the particular product or process has been discovered and has already been filed for patent so as to assure no possible infringement. The warning is given out after filing for a patent but before the patent is issued. Patent pending is a warning to all possible individuals who indulge in patent infringement. There are various benefits of issuing a patent pending warning. Some of these benefits are detailed below: - The product, process or application which is marked by the warning works as a notice for all possible and potential infringers who are bound to copy the ingenious invention. These infringers tend to copy the inventions and make money out of these. - The warning also serves as a notice to the normal public and other fellow discoverers at large that the particular procedure or application has already been invented. - The patent pending warning once issued, works like a temporary patent. Despite the numerous benefits, there are some disadvantages of the warnings as well. A major disadvantage of the warning is that the warnings are often misused by people indulging in fraudulent methods. Various individuals world wide tend to misuse this warning. They tend to put up the warning on various products or literary articles. This ensures that the product, which might not even be their, is not patented by any one else. This type of practice along with the fraudulent patent pending warning is banned in most countries. A majority of the countries where such a false warning is banned require the inventors to mention the number of the patent application filed along with the warning. This ensures that no false warning is issued. According to the legislature of the United States of America, the inventor or the patentee who sells or makes patented articles should mark the products which have been filed for patent by the word "Patent" along with the number of the patent application. This assures the inventor of no infringement and also takes care of the various individuals dealing in fraudulent methods. This ensures the safety of both the inventor and of the legislature. In the event of an inventor not marking his invention with the above said word and number, he is not liable to receive and recover any amount of damages from the infringer owing to the fact that no proper patent pending warning was issued. The patent pending warning is thus highly important for safe guarding the system and the inventors and creators from possible infringement. It is the only concrete method which can stop the violation of the rights of the inventor before a proper patent is issued. Owing to the fact that it works on the basis of the number of the petition filed, it is vastly useful as the entire legislature makes sure of its safety. |