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There is a $500 per incident penalty for false patent marking. If a application is no longer pending then it would be a false marking to mark newly produced items with that mark. Of course you can file a non provisional at the end of the year or even another provisional application. The law https://www.law.cornell.edu/uscode/text/35/292


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I don’t know if there is a legal aspect, but for me you have a patent pending if you have an active application in process. From the USPTO site. A provisional application for patent has a pendency lasting 12 months from the date the provisional application is filed. The 12-month pendency period cannot be extended. Therefore, an applicant who files a ...


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