I've noticed that some products say "Patent Pending" for a very long time. One particular product that I purchase frequently has said "Patent Pending" for over 3 years now. How long can this go on? Why is it taking so long?
cato___
Favorite Answer
In the U.S., 3 years is pretty much the minimum pendency. It takes a long time because the patent office has a huge backlog and the process is complicated. 8 and 10 year pendencies are not uncommon.
On the other hand, the manufacture may have simply forgotten to remove the patent pending mark. The guys in legal don't always talk to the guys in packaging....
Google/patents (follow the more/even more links starting at the top of the regular google page) might give you more info on the product in question.
whitefangz1
The patent can "pend" until it is either issued or rejected. The process can take very long because it is a complicated process. The Patent office gets millions of requests for patents. Each one needs to be carefully reviewed in accordance with patent requirements, checked against existing patents, etc.
Keep in mind that redesigning a package expensive so the patent may have been issued, but the packaging not updated. Also, many stores will stock up on supplies in great quantities so even when the patent is updated on the packaging, it may take a while for the new packaging to appear in the store.