Consisting of Joe Ragosta (vocals), Anthony Mingoia (drums), Marc Kantor (guitar), Rob Felicetti (guitar, vocals), and Corey DeVincenzo (bass), the band had self-released various EPs before releasing its debut album, Save Each Other, the Whales Are Doing Fine, in 2006 with original vocalist Michael Ragosta, and bassist Drew Buffardi on We Put Out Records. In 2009 Patent Pending released an EP, Attack of the Awesome!!!, with Joe Ragosta and Michael Ragosta switching on lead vocals, and Jay Beiner on bass guitar. Michael Ragosta left the band shortly after the EP's release, with lead vocal duties permanently replaced by Joe Ragosta. Joshua Dicker, long time collaborating songwriter with the band, would appear as a live guitarist consistently during Joe Ragosta's switch to lead singer until former The Ataris guitarist Rob Felicetti replaced Dicker as a touring replacement before joining the band full-time while on tour in 2010.
Patent Pending released an EP, I'm Not Alone, in 2010, and the group's second album, Second Family, in 2011, and performed the single "Dance Til We Die" live at the 2012 Billboard Music Awards, hosted at the MGM Grand Garden Arena in Las Vegas, Nevada.
The band released its third album, Brighter, in 2013. The band announced its signing with independent record label Rude Records for the release of 'Armageddon' EP, due to release in August, 2015.
The band is notable for its upbeat demeanor, diverse song subjects, close relationship with its fans, and energetic live shows. Since the group's formation, Patent Pending has released three full length albums, ten extended plays, and ten singles to date.