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ARTICLE · 10 AUGUST 2026

Patent vs Patent Pending: Legal Meaning, Risks & Best Practices

Khurana & Khurana, Advocates and IP Attorneys
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Learn the legal difference between patent and patent pending, false marking risks, territorial limits, Indian regulations, and best practices for businesses.

IndiaIntellectual Property

Introduction

"Patent" and "patent pending" are terms that may sound alike, but in actuality, there is a significant difference between them when one talks about business and legal matters. "Patent" means the right to exclude others from producing, manufacturing, selling, or importing the invention for a certain period. "Patent pending," on the other hand, simply means that the patent application has already been submitted and it is currently being reviewed. It makes sense to make a clear difference between these two terms since a patent gives the holder the right to sue others in a court, while "patent pending" does not.

Words such as "patent" and "patent pending" can also influence consumers’ behavior towards products bearing these marks. "Patent pending" may prevent others from copying, attract investors, and indicate innovation, but at the same time, this term should be used cautiously.

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