Unraveling the confusion regarding pending patent applications.

The concept of patent pending is a tricky and a much misunderstood idea. The concept of patent pending is cloudy, conditional, prospective, retroactive, and confusing. On the one hand, your rights in a patent begin from the day you put a stamp on the envelope you put your application in and hand it off to your friendly post officer. However, your rights will only vest if your patent is actually granted. Bottom line is that if your application goes through and someone was infringing the claims of your patent in the meantime, you may be in some luck. On balance, this may all be moot if it is ultimately rejected. no guarantee that you will even like the movie.



You should know that any infringer who makes, uses, or sells an infringing service or product which reads on the claims of your patent will owe to you either: the amount of money he pockets, how much money you may have lost out on, or whatever royalty rate a judge figures is fair.



At bottom, the concept of patent pending should not be construed to hand to you instant rights from the time you file your patent application. The best case scenario is that you might have conditional rights if your application is granted. Worst case scenario is that you will not be able to recover fees from anyone. Moreover, you should remember that you cannot file a lawsuit for patent infringement until your patent application actually issues into a full fledged patent.

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