Quick question: re: "Patent Pending"

[thewink]

I know we can search patents issued on the web, does anyone know if there is a way to find out if a company who is claiming a "patent pending" has indeed filed for a patent??

 

[divgradcurl]

If the patent application has been made public, then you can search patent applications on the web at the USPTO website just like you search for issued patents.

Patent applications are public record in only 3 cases: first, where the applicant expressly asked the USPTO to publish the application (there are reasons why someone might want to do this, but it is unusual). Second, if the application is also filed in foreign countries under the Patent Cooperation Treaty, the application automatically is published after 18 months. Third, even if the application is U.S. only, if the applicant fails to notify the USPTO that they don't want their application published, then it will get published after 18 months -- but this is even rarer than number 1.

Just because you don't find an application listed doesn't mean it is not "pending" -- the overwhelming majority of U.S.-only applications (which is the majority of applications anyway) never get published, and the inventions only become public knowledge after the patent issues. Even if the application is also being filed as a PCT in another country, if the application is less than 18 months old it won't be public record.