Why You Should Use the Notice
Using the notice does inform others that the patenting process has begun, which may make them liable if they infringe upon your intellectual property. However, you should remember that the application by itself does not confer any legal protection. You will only be able to challenge patent infringements if the patent is actually issued. As such, the notice is purely informational until the process is completed. It then is recognized as due warning that the invention is protected, making anyone infringing upon it liable. (To benefit from patent protection, other parties must be informed that your invention is patented.)When You Can Actually Use the Notice
The fact that the "patent applied for" notice doesn't confer any protection until the patent is granted doesn't mean it can be used freely. Under U.S. law, you can only use patent application notices once you have filed an application and it has been accepted for examination. Using the notices when no patent application has been filed is expressly prohibited. The penalty for using the notices in such a way is considered false marking and punishable by a fine of up to $500 per offense. Each offense is counted separately, and the fines can quickly become overwhelming in the case of high-volume goods.If you have a question about the patent process, ask a lawyer.
Please note: This page offers general legal information, not but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.
