Patent pending vs patented: what is the difference?
Patent pending means an application has been filed and is still pending. Patented means the USPTO has granted the patent. Here is what each status allows, how long it lasts, and what it costs to start.
Short answer: "Patent pending" means a patent application has been filed and has not yet been granted or abandoned. "Patented" means the patent office has examined the application and granted a patent. Only a granted patent can be enforced against people who copy the invention; patent pending mainly signals that an application exists.
The primary sources are the USPTO's provisional application guide, the USPTO fee schedule, and the federal statutes on false marking (35 U.S.C. 292) and provisional rights (35 U.S.C. 154).
What is the difference at a glance?
| Patent pending | Patented | |
|---|---|---|
| What it means | An application is on file and still pending | The USPTO examined the application and granted a patent |
| Has it been examined? | Not yet (provisional applications are never examined on their merits) | Yes |
| Can you sue for infringement? | No, not until a patent is granted | Yes |
| How long it lasts | Until the application is granted or abandoned; a provisional application lapses after 12 months | A fixed term set by law, subject to maintenance fees |
| What you can mark | "Patent pending" or "patent applied for" | The patent number |
What does patent pending actually give you?
Three things, all limited:
- A filing date. It can establish your priority date, which matters if someone else files on the same invention later.
- A notice to others. Marking a product patent pending tells competitors that a patent may follow.
- A possible royalty later. Under 35 U.S.C. 154(d), once an application is published, a patent that later issues can include the right to a reasonable royalty from someone who used the invention after publication with actual notice of it, if the granted claims are substantially identical to the published ones.
What it does not give you is the right to stop copying while the application is pending.
How does a provisional patent application work?
According to the USPTO:
- A provisional application lasts 12 months from its filing date, and "the 12-month pendency period cannot be extended."
- It is not examined on its merits, and it does not require formal patent claims or an oath or declaration.
- It needs a written description of the invention, a filing fee, and a cover sheet. Drawings are advised wherever they are needed to understand the invention.
- It "permits authorized use of 'Patent Pending' notice for 12 months."
- It cannot become a patent on its own. You must file a nonprovisional application claiming its benefit within the 12 months, or the provisional is abandoned.
How much does it cost to become patent pending?
The USPTO fee schedule (effective January 19, 2025, last revised November 1, 2026) lists the provisional application filing fee as:
- $325 for large entities
- $130 for small entities
- $65 for micro entities
Attorney or agent fees, if you use one, are separate.
Can you get in trouble for saying patent pending?
Yes, if it is not true. Under 35 U.S.C. 292, marking or advertising an article as "patent pending" or "patent applied for" when no application has been made, or when it is no longer pending, for the purpose of deceiving the public, can bring a fine of not more than $500 for every such offense. A competitor who suffers a competitive injury can also sue for damages.
What do we know, and what is still open?
What is settled: the definitions, the 12-month provisional window, the fees above, and the false marking rule are all set by statute, regulation, or the USPTO.
What varies: how long examination takes for a given application, and whether a pending application will be granted at all. Neither can be predicted from the status alone.
Where does Inventi Matrix fit in?
A patent draft is a starting point for your own review and a professional's, not a filing. For what a strong technical description and drawings contain, read What should an invention blueprint include?, and for budgeting the build itself, see How much does it cost to prototype an invention?.
About Physis Systems
Physis Systems (Physis Defense Systems, Inc.) builds Inventi Matrix, an invention engineering platform available in the United States and Canada at inventimatrix.com, and Lumina AI Companion, a personal AI companion you can meet on the Lumina page.
Frequently asked questions
What does patent pending mean?
Patent pending means a patent application for the invention has been filed with the patent office and has not yet been granted or abandoned. It tells others an application exists, but it does not by itself let you stop anyone from copying the invention.
How long does patent pending last after a provisional application?
A US provisional application lasts 12 months from its filing date, and the USPTO says that period cannot be extended. To keep the earlier filing date, you file a nonprovisional application claiming its benefit within those 12 months.
Is it illegal to say patent pending if you have not filed?
Under 35 U.S.C. 292, marking a product patent pending when no application has been made, or when it is no longer pending, for the purpose of deceiving the public can bring a fine of up to $500 for every such offense. This is general information, not legal advice.
Can Inventi Matrix help with a patent application?
Inventi Matrix is an invention engineering platform by Physis Systems that produces a technical blueprint, CAD geometry, engineering drawings, and a patent draft you can refine. It does not file applications, and a registered patent attorney or agent should review anything before you file.
Turn your idea into a blueprint with Inventi Matrix
Inventi Matrix is an invention engineering platform by Physis Systems. It turns a plain-language idea into a technical blueprint, CAD geometry with a 3D preview, engineering drawings, and a patent draft you can refine. Available in the United States and Canada.
