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Patent pending

Definition

A notice that a patent application has been filed with the USPTO but has not yet been examined or granted. "Patent pending" provides no legal protection against copying — it simply puts the public on notice that a patent may issue. If a patent does issue, the patentee may be able to collect reasonable royalties going back to the publication date of the application.

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Cross-referenced

Patent

A government-granted right that gives an inventor the exclusive right to prevent others from making, using, selling, or importing a patented invention within the country that granted the patent, for a limited time. A patent does not give the owner the right to practice the invention — only the right to exclude others. The US issues three types: utility, design, and plant patents.

Cross-referenced

Provisional application

A simplified, lower-cost patent application that establishes a priority date and allows an inventor to claim "patent pending" status for 12 months. A provisional is never examined and never becomes a patent on its own. The inventor must file a non-provisional application within 12 months or lose the priority date entirely. Provisionals are commonly used to lock in a date while refining the invention or seeking funding.

Patent family

The set of related patents and applications that share a common priority claim — an original application plus its continuations, divisionals, and foreign counterparts. Members of a family typically share the same earliest filing (priority) date.

Post-grant review (PGR)

A USPTO proceeding to challenge a recently granted patent, within nine months of grant, on almost any ground of invalidity — including eligibility and written description. It is broader than inter partes review, which is narrower and becomes available later.

Patent citation

A reference connecting two patents: the earlier patents and publications a patent cites as prior art (backward citations), and the later patents that cite it in turn (forward citations). Citations map the lineage of an idea — what an invention built on, and what was later built on it. A 2010 patent cited by 200 later patents is, by that measure, a foundational piece of its field.

Patent Cooperation Treaty (PCT)

An international treaty allowing inventors to file a single "PCT application" that preserves the right to seek patent protection in 150+ member countries. A PCT filing buys time — typically 30 months from the priority date — before the applicant must commit to specific national filings. It is not a "world patent"; each country still examines and grants its own patent under its own laws.

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