Legal Question in Intellectual Property in California

Is it unlawful to advertise having patent protection on something when there is no valid patent issued or pending.


Asked on 6/14/10, 10:08 am

3 Answers from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Yes. There is new case law describing this issue.

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Answered on 6/14/10, 1:33 pm
Quinn Johnson, Esq. Johnson PC, Attorneys at Law

Yes, falsely advertising a product as patented is unlawful. To be specific, it is unlawful to mark an non-patented product with the word �patent�, or any word or number indicating that the product is patented, for the purpose of deceiving the public. However, given that a non-provisional patent application is kept confidential by the U.S. Patent and Trademark Office for at least 18 months after filing, you must determine whether the product is actually �patent pending.�

COMMENTS MADE HEREIN ARE NEITHER LEGAL OPINION NOR DO THEY ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP.

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Answered on 6/14/10, 2:22 pm
Kevin B. Murphy Franchise Foundations, APC

An attorney will say the short answer is yes. But, as the other attorney mentioned, there are also non-provisional patent applications that are kept confidential for 18 months after filing. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/14/10, 2:39 pm


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