Not a lawyer, but based on the following resources, one can say... http://www.uspto.gov/patents/resources/general_info_concerning_patents.jsp#heading-29 http:/

Not a lawyer, but based on the following resources, one can say... http://www.uspto.gov/patents/resources/general_info_concerning_patents.jsp#heading-29 http://www.uspto.gov/patents/resources/general_info_concerni... A patent generally does not protect until it has been issued. However: http://www.irmi.com/expert/articles/2006/warren01.aspx http://www.irmi.com/expert/articles/2006/warren01.aspx 35 U.S.C. § 154(d) provides "provisional patent rights", namely a "reasonable royalty" after the patent is published (usually 12-18 mos after application) but before it is issued (from 1-30? years). But you do have to have "actual notice" that you are infringing to be infringing, which probably means a notice from the patent applier. (Though if they can prove you watched a YouTube video demonstrating the patent and which said it was patent pending, that'd probably work too.) So: someone can notify you that you're infringing on a patent in progress, and you have to guess whether or not it will get granted and in what form. Though the answer is unlikely to be "denied", it's quite possible for the claims to mutate tremendously. If you keep going and it gets granted, you've a lawsuit on your hands with liability from date of notice, not date of grant. Fun! Feel free then, to infringe on any patent that has been described by the applicant but not yet been published by the USPTO. After that, you've got until they catch you (though that's a dangerous game: you're only a friendly jury away from trouble, as the law on "notice" seems not entirely settled.) What a great system, eh?