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Use of terminology: patented versus patent pending
Posted by . updated on 11/6/2007
Is it alloawable to claim in marketing literature that something is ''patented'' when a patent filing has been made, but not granted?
Answers (1)
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Nancy D...
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An inventor and/or his company can crash and burn in the extraordinarily pricey Land of Punitive Fines and Patent Issuance Denials For Fraudulent Misrepresentations for misrepresenting the status of a patent application in any materials that are disseminated to the public (such as marketing materials). An invention is not "patented" until a patent has issued. THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.
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