Meaning of "patent pending" and possibility of patenting first

Question

Hi! When we (startup, Cambridge MA) come across technology by our potential competitors, which bears labels like "patent pending", what exactly does this mean? Do we have a chance to still get a patent on the same technology independently developed by us? Thanks!

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Answers: 4 public & 0 private

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Patent Attorney

It means that they have purportedly filed a patent (design patent, provisional patent, or non-provisional patent) on some aspect of the technology. It depends on what aspect you are trying to patent vs. what they have applied for, but you would not be able to file a patent on something they have already filed for, or already placed in the market.

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