Legal Question in Intellectual Property in Virginia

Prominently noting that the product is "patent pending" can help deter someone from copying or stealing it, because they know that when your patent issues they may be liable for patent infringement. However, a pending patent application cannot stop someone from stealing or copying your product. You cannot enforce your patent until it is granted.

If you are aware of someone who is copying your invention, you can send them a copy of your patent application when it publishes (generally 18 months after you file it). That may make it possible to recover money from the copier for the copies sold between the time you sent them the application and the time your patent issues. Ordinarily, you are not entitled to any monetary compensation for copies sold while your application is pending.