How soon can one manufacture a product after submitting patent application.
Naperville, IL
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Posted about 1 month ago in Patent Application
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After a patent application has been submitted, is it possible to manufacture and sell it with a "Patent Applied for" stamped?
Best Answer (as selected by the question's author)Daniel Nathan Ballard
This attorney is licensed in California.
Posted about 1 month ago.
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I join the chorus. If you mark your product "patent pending," however, be real sure that the patent claims actually cover the product that you're selling. As happens all too often, the patent claims are directed at product iteration one and then, after more r&d, the product that's actually sold is product iteration two which does not have all the elements -- or the same elements -- as stated in the patent claims.
Additional Answers (3)Timothy Mark Donoughue
This attorney is licensed in Texas.
Posted about 1 month ago.
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Yes, as it is factually true. Of course, be sure not to say or imply that a patent has issued until it actually has.
Sadiq Aziz Ansari
This attorney is licensed in California.
Posted about 1 month ago.
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Yep, have at it!
Edwin Philip Tarver
This attorney is licensed in California.
Posted about 1 month ago.
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Yes. It's not only possible, but advisable to do so. Affixing the term "patent pending" or its equivalent to a product is called 'marking.' By filing an application you have the right to mark your invention and should do so to provide notice of your patent claims. Marking is also important once your patent issues, since it acts as a precondition for your ability to collect infringement damages.
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