LQP Ask The Patent Attorney: What Are Your Rights When You Are Patent Pending?

Author

Picture of Craige Thompson

Craige Thompson

Craige is an experienced engineer, accomplished patent attorney, and bestselling author.

Table of contents

Share

Legal stamp and paper with 'Infringement' mark for patent rights.
✎Executive Summary1 min read
Key Takeaways
  • Craige addresses a frequently asked question: what, if anything, can you do to stop an infringer while your patent application is still “patent pending” and hasn’t yet issued?
  • He also offers a bonus answer to a question inventors often overlook asking, about an underused way to monetize an invention.
  • Thompson Patent Law recommends using a provisional patent application to protect an invention while waiting for a full patent to issue.
The Bottom Line: Inventors should understand their limited options for stopping infringers during the “patent pending” period, and should not overlook a provisional patent application as a tool for protecting and potentially monetizing an invention before a full patent issues.

Summary: What, if anything, can you do to stop an infringer while your patent is still “patent pending”?
Craige answers this FAQ and adds a bonus answer to a should ask question (SAQ) for an often-overlooked way to monetize your invention.

Recommended article: Use a Provisional Patent to Protect your Invention While Waiting for The Real Deal.

Questions? If you would like to get your patent questions answered and be part of the show, Thompson Patent Law has a LIVE complimentary webinar called Ask The Patent Attorney. Call the number below and reserve your spot in this LIVE teaching event.

Complimentary Patent Needs Assessment

related articles

What Does "Patent Pending" Actually Mean? (And What It Doesn't Protect)

What Does Patent Pending Mean? (And What It Doesn’t Protect)

What does patent pending mean? Not that anyone has to stop copying you. Here's what the label
Patent Maintenance Fees in 2026: What You Owe, When, and What Happens If You Miss One

Patent Maintenance Fees 2026: What You Owe, When, and What Happens If You Miss One

Patent maintenance fees 2026 fall due at 3.5, 7.5 and 11.5 years. Miss one and your patent
The USPTO's 2026 AI-Inventorship Guidance, Explained

USPTO AI Inventorship Guidance: What Changed in 2026

The USPTO AI inventorship guidance changed in late 2025. Here's what changed, why, and what to document