How to mark a product as patent pending

Need To Get in Touch With Us ➡ 

Schedule a Free Strategy Session Today....

Patent Pending

An individual who wants the benefit of marking an invention or product as “Patent Pending” must make a good faith effort to ensure that the articles are properly and consistently marked. 

Marking an invention or product as "Patent Pending" alerts the public that your invention or product may soon be patent protected and that once the patent issues, you have the right to initiate a patent infringement lawsuit infringers.

An individual or business may mark the invention or product with “Patent Pending” once a patent application has been filed with the Patent Office.  

*Note that it is a criminal offense to mark or offer to sell an article as “Patent Pending,” when an application for the invention has not yet been filed. 

In deciding how to mark an invention or product as “Patent Pending”, an individual should be mindful of the purpose of the mark and use common sense.  For example, patent markings may be etched, molded, or printed onto the invention or product or if you are unable directly mark the invention or product itself due to “the character of the article”, the mark may be placed on the packaging of the invention or product. The packaging may include a box enclosing the invention or product or marketing and promotional materials. In the event that label or marks are not seen or fall off of the invention or product, the courts follow the “rule of reason” approach, where constructive notice is given when the patent applicant consistently marks substantially all of the articles.

About the Firm...

Miller IP Law is a group of attorney's who are excited to help you build your business and...

Top Blog Articles


  1. Is Software Protected By Copyrights Or Patents? 
  2. Cheapest Way to Get a Patent 
  3. How Long Does It Take to Get a Trademark 
  4. Why Patents are Important 
  5. How Long Do Copyrights Last

Want to chat more about this topic, or got a burning question? Take advantage of instant chat and send us a direct message

Find Us On LinkedIn➡


Once a patent has been issued, you become a patentee rather than a patent applicant. 

The law also allows patented invention or product to be marked “virtually” by using the internet.  In order to comply with the virtual marking requirements, the individual or company must mark the invention or product itself (or the invention or product packaging if it is not possible to mark the invention or product) with the word “patent” or “pat.” along with a freely-accessible internet address where anyone can find the patent numbers associated with the patented invention or product.  An advantage of virtual markings may be the aesthetic appeal. Additionally, virtual markings may offer increased ease of updating and identifying later issued patents relating to the invention or product without having to remark the invention or product individually because the revisions may only need to be made to the website page.

About Our Firm... 

Miller IP Law is a group of attorney's, based out of Mountain Green, Utah, who are excited to help you build your business and further innovate market places and economies. Please consider looking at our services, billed at flat rate, and be sure to grab a free strategy session to meet with us! 

Start Your Journey

Get weekly stories and information about protecting intellectual property with our e-mail Newsletter today!

Need To Get in Touch With Us ➡ 

Schedule a Free Strategy Session Today....

Flat Fee Pricing

Straightforward for Patents and Trademarks

Copyright Seal Image



read about copyrights
Trademark Registered Seal

Trademark Applications


read about trademarks
Patented Seal Image



← Older Post Newer Post →

Leave Comments/Feedback

Please note, comments must be approved before they are published