Legal Question in Intellectual Property in California
Is it unlawful to advertise having patent protection on something when there is no valid patent issued or pending.
3 Answers from Attorneys
Yes. There is new case law describing this issue.
Yes, falsely advertising a product as patented is unlawful. To be specific, it is unlawful to mark an non-patented product with the word �patent�, or any word or number indicating that the product is patented, for the purpose of deceiving the public. However, given that a non-provisional patent application is kept confidential by the U.S. Patent and Trademark Office for at least 18 months after filing, you must determine whether the product is actually �patent pending.�
COMMENTS MADE HEREIN ARE NEITHER LEGAL OPINION NOR DO THEY ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP.
An attorney will say the short answer is yes. But, as the other attorney mentioned, there are also non-provisional patent applications that are kept confidential for 18 months after filing. Consult with an attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney