Attorney answers (3)
The below does not constitute legal advice, does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.
United States patent applications are not always available to the public. Pending applications are usually published by the USPTO approximately 18 months after filing, and once this occurs, you would be able to locate it on the USPTO website. However, if an applicant does not wish to pursue any non-US patent protection, they may file a request for nonpublication with their application, in which case members of the public would first have access to it when it issues as a patent. If the patent application is not yet available on the USPTO website, you should ask the company for a copy of the application and related documents (such as the filing receipt, any prior art submitted to the USPTO, etc.) for your review. 3 people marked this answer as good
Thomas Victorino DelRosario, licensed in Arizona and California
Add comment
Two possible reasons. 1. At least 18 months have not passed since application. 2 A request for no-publication has been presented with the original application.
It is also possible that the company only filed a provisional patent application, which will never become public. Even though a provisional patent can never itself mature into a patent, it does allow the applicant to legitimately claim "patent pending" status.
Find Defective & Dangerous Products Lawyers |