1

This question is similar to this one, but not speaking of an offense.

What will happen if one marks his product that it is patented, having no patents at all.

E.g. one is having written a patent ptotection for a thing that cannot be patented - with intention this to be his scarecrow.

How is it in the US and other countries?

1

You can't claim "Patent Pending" unless you really have applied for a patent.

Once your application has been submitted to the USPTO, you can stamp all your products and marketing material as "Patent Pending." While this designation itself has no legal effect, it does put others on notice that your product is under review at the USPTO and, once approved, no one else will have a right to the invention. The patent pending designation serves as a warning that others' use of your invention may have serious consequences once the patent is approved. Note, however, that fraudulent use of the patent pending designation can be fined $500 for each use of the deceptive mark. - See more at: http://smallbusiness.findlaw.com/intellectual-property/patent-enforcement-faq.html#sthash.D15hf81X.dpuf

| improve this answer | |
  • And in the U.S., there are actually people who make a living on suing companies for false patent pending/patented marking... – daniel Apr 21 '16 at 1:30
  • If one marks his world-wide product for patented - can every country in the world sue him (making the total fine in tens of thousands), or one lost lawcase can cancel every other sue (making the total fine ~$500)? – Krupp Apr 22 '16 at 19:56

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.