Kimberley developed a novel type of bottle opener that incorporated a new and different method of removing a bottle cap. She applied for a patent on her invention, and then began manufacture of the product. She stamped each unit with the words "patent pending." Another manufacturer copied her design and began marketing the same type of opener. Because Kimberley had marked her bottle openers with the words "patent pending," Kimberley is entitled to take action for infringement against the other manufacturer.

Question

Quizplus · Accepted Answer

Marking a product with "patent pending" does not grant the right to take action for infringement because the patent has not yet been granted. "Patent pending" simply indicates that a patent application has been filed.

Kimberley Developed a Novel Type of Bottle Opener That Incorporated