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Is marking your products with "Patent Pending" allowed in countries other than the U.S.?

10/30/2017

 
Not necessarily.  Each country is different and has its own set of laws.

For example, in Germany, a Munich Higher Regional Court ruled that the term "Patent Pending" was misleading under section 3(1) of the German Act against Unfair Competition.  This is because the term 'pending'  can be translated into German in two different ways. One is ‘ausstehend’ (‘outstanding’) which emphasises that an event has not yet occurred. The other is ‘anhängig’(‘pending, sub judice’) which emphasises that an event has already taken place.  The Munich Higher Regional Court found that a considerable part of the target audience understands the words ‘patent pending’ to mean that a patent has not only been applied for but already granted.

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