A patent application is not the same as a patent

A patent application is NOT the same as a patent. Claims in a published patent application have not been examined by a national patent office and may not be representative of a scope that will ultimately be granted.

From the moment of filing, patent applications go through an interactive process between the applicant and the patent office, the so-called "prosecution". This eventually leads to the grant or rejection of a patent application. During this process, which usually takes several years, the claims, which define the scope of desired protection for the invention, are likely to be amended. Therefore, the claims of a published patent application may differ from those finally granted by a patent office. In addition, an application may be abandoned along the examination process if the applicant decides not to seek patent protection for the invention in a particular country.

In most jurisdictions, patent applications are published 18 months after the earliest filing. The publications contain the claims as filed. Sometimes the claims are written much more broadly than is actually patentable. As the application is examined by a patent office and claim language negotiated, the claims may shrink in scope. In contrast, the specification of a granted patent will usually be the same as when filed; new matter is not allowed to be added to the text after it is filed.

Because the claims in an application are what the applicant hopes for and not what she will necessarily receive, it is important to know whether you are looking at a granted patent or a patent application. See a tutorial on how to tell the difference between a granted patent and a patent application from the number format.

However, patent applications that yet issued may be used as leverage in negotiations between interested parties. See a tutorial on the provisional rights associated with a pending patent application.

The information contained in this page was believed to be correct at the time it was collated. New patents and patent applications, altered status of patents, and case law may have resulted in changes in the landscape. CAMBIA makes no warranty that it is correct or up to date at this time and accepts no liability for any use that might be made of it. Corrections or updates to the information are welcome. Please send an email to info@bios.net.

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