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Patent myth
“Marking a product patent pending stops competitors copying it.”
It is a signal, not a right. You cannot bring infringement proceedings until the patent is granted.
Patent pending does useful commercial work: it deters casual copying and signals to investors and partners that something has been filed. It creates no cause of action. On grant, rights may extend back to publication, but proceedings still cannot be started before grant.
Claiming more than that in marketing carries its own risk - unjustified threats of infringement proceedings are actionable in India.
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
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Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.
Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.
Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.