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Subject:Re: Computer rights From:Smokey Lynne L Bare <slbare -at- JUNO -dot- COM> Date:Wed, 17 Dec 1997 20:21:29 -0500
On Wed, 17 Dec 1997 15:50:07 -0500 "Ridder, Fred" <F -dot- Ridder -at- DIALOGIC -dot- COM>
writes:
>A patent can only be pending if it has been applied for; until/unless
>you file a
>patent application, you are *not* entitled to use the patent pending
>statement.
>
If you are filing for a regular patent, I agree. But as of October 1,
1995, a new 'Provisional Patent' program was implemented. That was what
I was referring to in my similar example. Pending by the definition alone
means "not yet decided...according to Merriam Webster's." Many times
while docmenting materials I did for metallurgical and ceramic
engineering development projects (including drawings), the editors and
inventors used the 'pending phrase' until the engineers decided if they
wanted legal to follow up with search work. Many cases have seen
parallel research and the pending status applied under this provisional
status. Once the 'owner' of the invention goes forward, a formal
'Regular' patent application is made to have the search process
initiated. Different companies and general counsels handle this process
differently now with the new, less expensive 'Provisional' status. You
are correct though, if a formal 'Regular' patent is applied for, only on
receipt can the terminology 'patent pending' be used. Like everything
else, this was a cost driven program.
