When can the phrase ‘patent applied’ or ‘patent pending’ or ‘patented’ be used?

The terms “Patent Applied For” or “Patent Pending” can be used to refer to a product once a patent application has been officially filed, indicating that the inventor or applicant has formally sought legal protection for the product or invention. These terms signify that the application is under review by the relevant patent office, but the outcome has not yet been decided. They serve as a notice to competitors and the public that the product may soon be protected by patent rights, preventing others from claiming similar innovations. However, it’s important to note that these terms do not guarantee that the patent will be granted, as the application is still subject to examination, potential objections, and other procedural requirements.

On the other hand, the terms “Patented” or “Patent” should only be used once the patent has been officially granted by the relevant patent office. A granted patent confirms that the invention has met the required criteria for patentability, including novelty, inventiveness, and industrial applicability, and is now protected under intellectual property law. At this stage, the product is legally recognized as having exclusive rights, meaning the patent holder has the legal authority to exclude others from making, using, or selling the patented invention for a specific period (usually 20 years from the filing date).