All Patent Status: PCT vs Pending Patent vs Published Patent vs Granted Patent

For an engineer or product designer, understanding the specific patent status provides direct insight into design freedom and competitive intelligence. A patent’s current stage dictates the level of legal risk, what can be publicly disclosed, and how to position a new product. Mistaking a published application for a granted patent could lead to building a product that will infringe, resulting in costly redesigns or litigation. Conversely, recognizing that a competitor’s patent is only at the PCT application stage reveals a long timeline before any enforceable rights exist, creating a window of opportunity for market entry or the development of alternative, non-infringing solutions. This knowledge transforms intellectual property from a legal abstraction into a practical guide for technical and strategic decision-making.

Each patent status carries a distinct set of possibilities and limitations described in detail below. The “patent pending” status, for example, allows a company to market an invention and deter copycats while the application is still under review. A “granted patent” shifts the focus to enforcement and marking products with the patent number to secure full damages against infringers.

Key Takeaways

• PCT application enables global patent filing strategy.
• Published applications provide early disclosure for prior art.
• A granted patent confers legal rights for enforcement.
• Understand differences in legal patent status and protection scope.
• Follow systematic process from priority to grant efficiently.

The PCT Application as an International Pathway

This pathway allows inventors to secure their intellectual property rights in several countries through a single application, which simplifies the initial steps in protecting innovations globally. By filing a PCT application, applicants effectively postpone the high costs associated with filing in individual countries while retaining the option to pursue patents later on in different markets. The PCT has been adopted by 155 contracting states, which increases its importance as a strategic tool for international business and trade.

The PCT application process bifurcates into two main phases: the international phase and the national phase. During the international phase, applicants receive an International Search Report (ISR) that outlines potential prior art. This process enables inventors to evaluate the viability of their inventions before incurring additional expenses in foreign patent offices. Once the ISR is received, applicants can decide in which member states to pursue their patent rights, allowing for strategic market entry decisions.

An important aspect of the PCT system is also its unifying feature, which aggregates data and promotes information sharing among member states, leading to enhanced opportunities for technology licensing.

(refer to the big comparison table below for all the PCT, pending patent, published patent and granted patent comparison)

The Pending Patent Status

A pending patent is a patent application that has been formally filed with a national or regional patent office and is awaiting a final decision. During this period, the application is under review by a patent examiner who determines if the invention meets the legal standards for patentability, such as novelty and non-obviousness.

The entire period from the initial filing until the application is either granted or abandoned is known as the pending state.

The primary effect of this patent status is that it allows the applicant to mark products with the notice “patent pending.” This designation warns competitors that an application for the invention exists and that exclusive rights may be granted in the future. A pending patent provides no immediate right to stop others from making or selling the invention; it is not an enforceable legal instrument. However, once the application is published, it may establish provisional rights, which can allow the owner to seek damages for infringing activities that took place during the pending period, but only after the patent is officially granted. The claims defining the invention’s scope are also subject to change throughout this examination period.

Frequently Asked Questions

Related Topics

• International Patent Treaties: understanding agreements that facilitate patent protection across multiple countries.
• National Phase Entry Requirements: criteria for entering national phases in different jurisdictions.
• Patent Examination Procedures: overview of how different countries examine patent applications.
• Prior Art Searches: methods to assess existing technologies that could impact patentability.
• Patent Maintenance Fees: understanding costs associated with maintaining a granted patent’s validity.
• Geographical Considerations in Patenting: factors influencing patent strategy based on market locations.
• Patent Infringement Litigation: overview of processes and considerations in patent disputes.
• Alternative Patent Strategies: exploring options beyond traditional patenting, such as trade secrets.
• Open Innovation Practices: collaborative approaches to innovation that may involve patent sharing.
• Technology Transfer Agreements: mechanisms for transferring technology rights between entities.
• Global Market Trends in Patenting: analysis of how global economic factors influence patent filings.