Patent Pending?

While I was getting my morning coffee today before my Administrative Law exam, I noticed a “patent pending” notice on Starbucks’ automatic espresso machine (I think!). The Patent Act in Canada does not require an article to be marked as patented, and as such, it has no legal effect (Government of Canada). Therefore, I decided to do some research on it to determine the benefits of giving notice of such. It seems as though using a “patent pending” notice can offer strategic advantages for businesses and can be summarized as follows:

1. Marketing Tool for Innovation: Signals to consumers and investors that the product is innovative. This could enhance consumer interest and attract investment.
2. Enhancing Company Image: Reflects a company’s broader dedication to innovation. It communicates that the company is proactive in developing and safeguarding new technologies, which can strengthen its reputation. This made me think about our discussion on goodwill when we went over trademarks! Perhaps this is a way to increase your goodwill, which, as we now know, can have legal benefits!
3. Deterring Competitors: While a pending patent is not enforceable until granted, marketing a product as “patent pending” warns competitors that legal protection is forthcoming and can discourage them from copying the intention to avoid future infringement liabilities.

Overall, a “patent pending” notice seems to function more as a smart business strategy than a legal shield.

Another takeaway? Intellectual property is really everywhere – you just have to keep an eye out!

Check out the following links (where I got most of this information) for more detail!:

Government of Canada, “What is a patent?”: https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/patents/what-patent

This article gives a really good overview! Heer Law, Intellectual Property Law and Litigation, “The Benefits of Use of “Patent Pending”: https://www.heerlaw.com/benefits-patent-pending