Patent Pending Protection?

[lovemuffin]

What is the name of your state? Florida

I filed for a Patent for a process I invented 2 months ago.

I now have a "Patent Pending" status, but no patent # yet. I have found someone copying my process and selling them on of course, Ebay.

I faxed over a Vero notice with Ebay and they told me because I did not yet have a patent #, I could not protect anything.

Is this true? Is there nothing I can do until I get a patent #?

Thanks!

 

[divgradcurl]

What is the name of your state? Florida

I filed for a Patent for a process I invented 2 months ago.

I now have a "Patent Pending" status, but no patent # yet. I have found someone copying my process and selling them on of course, Ebay.

I faxed over a Vero notice with Ebay and they told me because I did not yet have a patent #, I could not protect anything.

Is this true? Is there nothing I can do until I get a patent #?

Thanks!

Yes, that is correct. Until your patent actually issues, you have nothing you can enforce. The "patent pending" status really has no legal significance. It is used to let people know that you are seeking a patent, and in some cases, may give "notice" to the infringer that may start the damages clock running. But "patent pending" provides absolutely no protection itself.