Legal Question in Intellectual Property in Kansas
Claiming to have a patent
If I advertise a new product, which I have invented, will I be guilty of breaking any law if I claim it is ''patented'', when in fact I have not obtained or even sought a patent for it?
Thank you very much for your response.
RW
3 Answers from Attorneys
Re: Claiming to have a patent
Double ditto what Attorney Press wrote. It's a very bad idea you've entertained.
Re: Claiming to have a patent
What you propose would violate Section 43(a) of the Lahnam Act as being a false and misleading statement of fact. What you propose would also violate 35 USC 292 (False marking section of the Patent Act), which carries a mandatory fine of $500 for each item falsely marked. Look at the following link http://www4.law.cornell.edu/cgi-bin/htm_hl?DB=uscode35&STEMMER=en&WORDS=patent+pend+&COLOUR=Red&STYLE=s&URL=/uscode/35/292.html#muscat_highlighter_first_match
There is a simple solution that would allow you to legally put "patent pending" on your product for just a few hundred dollars, but that is valuable legal advice which I will not give for free. Call or email if you want to learn more.
Re: Claiming to have a patent
Yes, this is a crime, and creates civil liability as well. You can say "Patent Pending" after filing for a patent.
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