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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3407
Experience:  Experienced in intellectual property law
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Hi - I filed a provisional patent and received a patent pending

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Hi - I filed a provisional patent and received a patent pending number. That provisional was good for a year and now that year is up. I'm going to file a new provisional to get another year. My product is made with a mold and that mold has the now expired patent pending number. Changing the mold will be expensive (~$10k). I will file for a new provisional number, but if I don't change the number on the product, am I still protected? For example, can someone state that the number on the actual product is incorrect which would then invalidate the protection?

Alex Reese : Hello
Alex Reese : First, you should know that putting the patent number next to "Patent pending" is not a requirement.
Alex Reese : Also, this is not much of a concern because a PPA has no claims, is not examined, and does not mature into a patent on its own. Your situation would be more serious if the number listed was for an issued patent.
Alex Reese : So I would not be worried about this.
Alex Reese and 2 other Intellectual Property Law Specialists are ready to help you
In the future, you probably want to leave the number off of the mold and just put "patent pending" (unless you have an issued patent, then you can incldue the number). also, you can and should include the patent number and/or "patent pending" mark on the product packaging & literature

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