Legal Question in Intellectual Property in Texas
Use of terminology: patented versus patent pending
Is it alloawable to claim in marketing literature that something is ''patented'' when a patent filing has been made, but not granted?
1 Answer from Attorneys
Re: Use of terminology: patented versus patent pending
An inventor and/or his company can crash and burn in the extraordinarily pricey Land of Punitive Fines and Patent Issuance Denials For Fraudulent Misrepresentations for misrepresenting the status of a patent application in any materials that are disseminated to the public (such as marketing materials).
An invention is not "patented" until a patent has issued.
THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
