How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alex Reese Your Own Question
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3466
Experience:  Experienced in intellectual property law
Type Your Intellectual Property Law Question Here...
Alex Reese is online now
A new question is answered every 9 seconds

Hi - I filed a provisional patent and received a patent pending

This answer was rated:

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 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

Related Intellectual Property Law Questions