Hey everyone,
Quick question: If we have a real pending patent for our product, are we allowed to use the term “pending patent” on our Amazon listing?
We want to make sure we’re doing things right.
Any insights would be appreciated!
You do need to talk with your patent attorney regarding that.
What works the best is to not mention it in the listing.
Why, when your item becomes a good seller it will be copied. When they copy it, depending on the product it takes a fair amount of money. Plus a pretty large order commitment that is not cheap.
It is best to play possum on this, wait until they get into the product heavily financially and let them send a container load into FBA warehouse. Then let your attorney go after them, all their goods will be seized if they in fact did infringe on your IP. Now their money is tied up and might face forfeiture of goods and money. This is about the only way to put an end to what is going on. When they are outside of the USA nothing can be done, this is your only option for protection.
I only advertise patented/patent pending if it adds marketing power to the item. If your competitors like kind offerings have patents and mention it in the listing you might consider doing it too.
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A pending patent is commonly mentioned on product packaging of major brands, including skincare. Patents, especially in complex cases, can take years to get approved. I believe that you can even be accepted into the Amazon Brand Registry with a pending trademark, but I am not sure if this still applies.
As @skeeter suggests, it would be advisable to consult with a professional.
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