Once a patent application is submitted to the Patent and Trademark Office (PTO), the invention is classified as ‘patent pending.’ Although ‘patent pending’ status does not grant enforceable intellectual property rights against unauthorized use, it allows applicants to seek retroactive damages if the provisional patent application is published and the non-provisional patent is subsequently granted. This retroactive claim is contingent upon the patent being issued and a successful lawsuit.Typically, the ‘patent pending’ designation acts as a deterrent for competitors, minimizing the risk of plagiarism by signaling that the invention is under review and will be protected upon patent grant. Additionally, applicants can send certified letters to potential infringers to inform them of the pending patent status.