Provisional Filing Date

[KHwilliams]

What is the name of your state? Pennsylvania.

I filed a Provisional Application three weeks ago. How do I know what my filing date is? Is it the date on my application? Should I start to use "Patent Pending" on my product now or do I need to wait until the application has been accepted? Will the USPTO tell me if the application has been accepted or rejected? Thanks.

 

[divgradcurl]

What is the name of your state? Pennsylvania.

I filed a Provisional Application three weeks ago. How do I know what my filing date is? Is it the date on my application? Should I start to use "Patent Pending" on my product now or do I need to wait until the application has been accepted? Will the USPTO tell me if the application has been accepted or rejected? Thanks.

Your filing date is generally the date that the USPTO receives your application -- if you included a self-addressed postcard with your application, you will receive it back stamped with the date the USPTO received your application. If you sent the application via the postal service's express mail, then you can claim the date you deposited the express mail package as your filing date.

Applications are not "accepted" or "rejected" -- if you sent in the application, and it was received by the USPTO, that's it. As long as your application contained the necessary parts to qualify for a provisional, you now have a provisional application, and can claim you have a "patent pending." Nothing further will occur until you convert your provisinal application into a nonprovisional application -- the USPTO does not review or otherwise do anything with provisional applications until they are converted into nonprovisional applications.

 

[KHwilliams]

Display of "patent pending" on product

My original product packaging and labeling doesn't make mention of "patent pending". I was going to post "patent pending" on my web site first, use up the old labeling/packaging, then when I need to reorder, add "patent pending" to the package labels. Is displaying "patent pending" on the product itself neccessary, or will it suffice on the web site? Must it be displayed publicly? Thanks.

 

[divgradcurl]

My original product packaging and labeling doesn't make mention of "patent pending". I was going to post "patent pending" on my web site first, use up the old labeling/packaging, then when I need to reorder, add "patent pending" to the package labels. Is displaying "patent pending" on the product itself neccessary, or will it suffice on the web site? Must it be displayed publicly? Thanks.

The use of the term "patent pending" is optional, so no, you don't have to get all of your packaging redone. Once the patent actually issues, you will have to display the patent number on all of the packaging in order to give the necessary notice to state the damages clock -- but at this stage, it's all optional. Remember, the term "patent pending" just means you've filed for a patent -- no more, no less. It doesn't give you anything enforceable, it doesn't start any damages clock, it just lets the reader know that you've applied for a patent.