If a company has a product and doesn't list a patent number, does this mean they probably don't have one?

[ryscford]

I know I can search USPTO, but I was thinking about this question in another way.

I see a company that is selling a cleaning product to a certain niche market, which has a trademark shown, but no patent number (pending, or otherwise) is listed on the product or any accompanying literature. The product consists of chemical solutions that any person could buy from a chemistry store or industrial supply house.

The company has been in business for about 4 years or so, and is very successful in it's target market (has almost totally cornered this market). But their new cleaning product doesn't appear to have a patent listed anywhere on the containers or website, just a trademark.

Would you take this to mean that the company probably does not have a patent on this product? Or can these things be difficult to discern? Their product has been around since their inception.

[oz]

Keep in mind that there is nothing particularly special in baking soda -- but Arm&Hammer has a big chunk of the market. Not everyone can organize to manufacture or process; not everyone has access to distribution channels. Patents do not represent the sole barrier to entry to a market. And just because there is no "pat. pend." markings does not mean that none were filed.

The expressions "patent pending" (sometimes abbreviated by "pat. pend." or "pat. pending") or "patent applied for" refer to a warning that inventors are entitled to use in reference to their product or process once a patent application has been filed, but prior to the patent being issued or the application abandoned. The marking serves to notify potential infringers who would copy the invention that they may be liable for damages (including back-dated royalties), seizure, and injunction once a patent is issued.

As you note, the product has been available for 4 years. It was a good decision to have four years of revenue -- especially if you were the first to file for a patent, and could defend it later. You also observe that they've cornered the market. Having significant market share which can be defended could represent a barrier to entry for potential competitors.

[menw]

If the patent no. or the words "patent pending" is not mentioned in a product., it does not necessarily mean that the product is not patented nor has no pending patent application. Mentioning that a product is patented is not a requirement of law but an option by the product owner.

In the case of the cleaning product you mentioned, the trademark and the product should be registered in your local government business and trade offices. If a product is not patented, it could mean that it is a copycat product, i.e. somebody else owns the patent but the patent has expired (this usually takes 50 years in some cases like drug formulation)and the product or its patented formulation is now open to be copied and made by other companies. It could also mean that they got the permission of the patent owner to reproduce the product or that the patent owner is not interested anymore, or has died or not in business anymore.

In order for patent violations to be prosecuted, the patent owner or a related party to the ownership of the patent should file the complaint first to the patent office and the patent violator, afterwhich legal proceedings can follow.

In the US, most of the patents registered for basic goods, like soap, starch, cleaning materials have already expired as of to-date hence you will see a lot of similar or even the same products (in terms of use, formulation) but with different Brands and produced by different companies. Some, have renewed patent ownership based on re-formulation, new breakthrough manufacturing procedures and techniques etc...

If you are interested in the cleaning material you mentioned, check with your patent office if they have patent ownership over the product, which I think they dont because its a common product nowadays and a lot of companies are producing it also.