Is patent pending worth it?

Asked by: Madisyn Schumm  |  Last update: February 6, 2026
Score: 4.8/5 (25 votes)

Yes, "patent pending" is generally worth it for the strategic advantages it offers, like deterring competitors, attracting investors, establishing an early priority date, and potentially maximizing future damages, even though it doesn't provide immediate enforceable rights and doesn't guarantee a granted patent. It signals seriousness and can provide crucial market advantage while your application is being reviewed, but it comes with costs and the risk of public disclosure, making a cost-benefit analysis important.

Is a patent pending worth anything?

Patent pending status is very important. It is your notice to the public that you have applied for a patent for your invention, and that once you receive a patent you will be able to enforce your patent rights against an infringer.

Is patent pending as good as a patent?

Legal protection: While your invention isn't fully patented, “patent pending” discourages others from copying your idea. Marketing appeal: The designation adds credibility to your product and shows that you're serious about protecting your IP.

Can I put a pending patent on my resume?

A ``patent pending'' however is not necessarily a bad thing to put on a resume, so long as you believe it's likely to succeed, and you have other successful patents you can list it with to give some degree of confidence.

Can I sell a product that is patent pending?

Fortunately, you do not have to wait until you have a full patent before you begin selling your idea. An invention that has received a patent pending status is protected by the USPTO, so you can sell your idea without worry.

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24 related questions found

How long is a patent pending good for?

How Long is the “Patent Pending” Status? Patent applications filed in the United States typically have “patent pending” for 1 to 3 years. However, it is not uncommon for some patent applications (e.g. software and electronic applications) to have patent pending status for 3 to 5+ years.

Is it better to license or sell a patent?

Licensing or assigning rights to your invention is likely to be a simpler, less expensive route than manufacturing and selling it. Licensing or assigning your invention is often preferable for inventors who want to make money, but care primarily about innovating and spending time in the office or lab.

Why do companies say patent pending?

Pending patent applications signify that a patent has been filed and is under review, serving as a warning to potential infringers. During this period, inventors can mark their products with a “patent pending” notice, which serves as a warning to potential infringers that legal protection is being sought.

How impressive is a patent?

They provide inventors with the opportunity to commercialize their inventions, leading to the formation of new businesses and industries. Moreover, patents enable companies to differentiate their products and gain a competitive edge in the market, driving innovation-driven growth and prosperity.

Can you license a patent pending product?

The inventor and his or her representative may begin to approach companies (or “licensees”) about licensing the patent-pending invention once the patent application enters examination. Since a formal patent is not granted, the inventor may offer discounted royalties to the licensee up until the point of patent grant.

How much does a pending patent cost?

The cost to get patent pending status for your invention is around $1,500 without an attorney. If you hire an attorney, you can expect to pay $10,000 or more for a utility patent and $2,000 for a design patent. It's hard to determine the exact costs before you apply because all patent applications are different.

Is it a big deal to have a patent?

Patents serve as powerful tools for protecting your intellectual property and preserving future profits. They grant you exclusive rights to your invention, preventing others from making, using, or selling it without your permission.

What did Terrance Howard patent?

Terrence Howard has patented concepts related to augmented and virtual reality (AR/VR) systems, specifically a "System and Method for Merging Virtual Experience," and also holds patents for \"electric building blocks\" and gaming machine reels, though his prominent AR/VR patent was famously abandoned, leading to claims of missed earnings while the technology progressed.
 

What does Elon Musk say about patents?

Elon Musk famously dismisses patents, calling them "for the weak" and a hindrance to progress, believing they stifle innovation by creating legal roadblocks rather than advancing technology, especially for large entities like SpaceX and Tesla, which focus more on speed and trade secrets, though his companies still file patents to protect specific areas, creating a perceived contradiction with his anti-patent stance. 

How much is a 20 year patent?

The full cost of obtaining and maintaining a U.S. patent over 20 years is in the range of $20,000 to $60,000. This sum is influenced by the type of technology being patented; the number of claims and drawings included in the application; the number and nature of rejections from USPTO; filing fees, etc.

Can I sell my invention idea without a patent?

“You certainly don't need a patent [in order to sell], but in my experience, it's going to be a lot more attractive to a buyer if you have at least started the process of seeking protection for the idea or the invention,” says Dawn-Marie Bey, an intellectual property attorney in Richmond.

What patent does Elon Musk have?

Elon Musk holds patents primarily for innovations at his companies, especially Tesla, covering AI-driven autonomous driving features (like Summon), vehicle design (charging ports, Model X aspects), solar energy systems, and potentially early ideas for online business directories, though his approach to patents is complex, often releasing them for public use while companies like Tesla amass large portfolios. 

What is the most ridiculous patent granted?

There's no single "most ridiculous" patent, as absurdity is subjective, but popular contenders include the "Bells on Rats" (luring rats to wear bells to alert you), a centrifugal force birthing apparatus, a fire escape suit with wings, and the "Banana Protective Device" (a hard plastic case for a single banana). Other contenders involve impractical ideas like self-kicking exercise machines, a skull-shaped device for ghostly confessions, and even a laser pointer for exercising cats, demonstrating a wide range of peculiar and impractical inventions throughout history. 

Can I sell a pending patent?

But during this waiting period, your rights still matter. You can label your invention as “patent pending.” You can talk to potential partners. You can pitch your product, negotiate licenses, or even close a deal to sell your rights—because you've already staked your claim.

Who is the only US president to hold a patent?

Abraham Lincoln is the only U.S. president to have received a patent, granted in 1849 for a device to help boats navigate shallow waters by using inflatable air chambers to increase buoyancy, an invention inspired by his own experiences with stranded riverboats. His patent (No. 6,469) was for "A Device for Buoying Vessels Over Shoals," though the invention was never commercially produced.
 

Does patent pending protect you?

But here's the thing: while your patent is pending, you're not really protected. The truth is, just having a patent pending doesn't stop anyone from copying your idea. It's only when your patent is officially granted that you get the full legal power to stop others from making, using, or selling your invention.

Do I need a trademark if I have a patent?

You can have both a trademark and a patent, though they won't be for exactly the same thing. A trademark can protect a creation's name, for example, and a patent can protect the actual creation itself.

Who has 1000 patents?

Thomas Alva Edison was one of the most prolific and influential inventors in history. Born on February 11, 1847, in Milan, Ohio, Edison held over 1,000 patents for his inventions, which ranged from electric light and power systems to motion picture cameras and phonographs.

What are the 4 types of patents?

Utility patents protect new inventions, processes, and methods of production. Design patents focus on safeguarding the aesthetic aspects of a product. Plant patents are granted for new and distinct varieties of plants. Provisional patents secure an early filing date temporarily for an Innovation.