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In the website of a newly launched social media app, they display a flow diagram to their business model and then have the "USPTO patent pending" logo next to it. The actual patent number is not displayed, but I am sure the company only owns one patent.

The flow diagram is a super simplified version of what is covered.

The actual patent has already been allowed, but the website has not updated that fact.

The flow diagram can only be interpreted as a misrepresentation of what is covered in the patent.

Is this illegal?

Can someone sue and under what circumstances?

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    This is not a full answer, but I would say you can't know that they don't have unpublished applications that may relate to the diagram on the website, so the "patent pending" designation may not necessarily be in error. I've never heard of a case where someone was actually taken to task for failing to update a "patent pending" designation on a website when a patent issued, but "false marking" is supposedly punishable: "False use of these phrases or their equivalent is prohibited and subject to a fine, and those suffering competitive injury as a result may seek damages to compensate."
    – bhuff36
    Commented Sep 3 at 11:39

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