Joshua Dicker, long time collaborating songwriter with the band, would appear as a live guitarist consistently during Joe Ragosta's switch to lead singer.

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.

[citation needed] In November 2015 the band released their first LP of their Rude Records contract, Riot Hearts Rebellion.

The band is notable for its upbeat demeanor, diverse song subjects, close relationship with its fans, and energetic live shows.

The band was started hastily in order to perform at a local open mic night Ragosta and Buffardi had heard about, recruiting Joe's younger brother Michael on lead vocals, and approaching Anthony Mingoia as he was the only drummer they knew of in their school.

Later in 2004 the band released the EP, ...Is Your Biological Father, filming the group's first music video for the song "The June Spirit".

[2][3] The following year the group released its debut full-length album, Save Each Other, the Whales Are Doing Fine, on We Put Out Records, and produced by Joseph A. Pedulla.

On April 16, 2007, guitarist Marc Kantor began riding his bicycle from Levittown, New York to San Diego, California in an effort to help raise money and awareness for the American Heart Association, with a portion of the proceeds also being donated to the Rhiannon Chloe Foundation, and was successfully completed on June 7, 2007.

Dicker and Ragosta began writing for a new EP, asking long time friend and former The Ataris guitarist Rob Felicetti to come track guitar for the record.

In March 2010, the band went to record with producer Jordan Schmidt, who had worked with other pop rock artists such Motion City Soundtrack and All Time Low, at Melmac Studio in Minneapolis, Minnesota.

Patent Pending began writing for another record throughout the fall and winter of 2010, following the departure of bassist Jay Beiner, and the inclusion of fill-in bass player Travis McGee.

Patent Pending was originally scheduled to play on May 20 at The 2012 Bamboozle Festival in Asbury Park, New Jersey following a spring touring schedule supporting Bowling For Soup, however on May 18 the band was named Billboard's "Dreamseaker Artist of the Year" after winning a battle of the bands competition at the Joint at the Hard Rock Hotel & Casino in Las Vegas, Nevada, securing a live performance slot at the 2012 Billboard Music Awards on ABC.

Fill-in bassist Travis McGee was replaced by full-time permanent Corey DeVincenzo In December 2012, Patent Pending released a five-track digital cover EP called Spring Break '99, which included covers of Limp Bizkit, Smash Mouth, Lit, The Backstreet Boys and Sugar Ray.

In February 2013, the band began production on a new record at Fantasy Land Studio in Gallatin, Tennessee, choosing again producer Jordan Schmidt, and was fan funded by a campaign on PledgeMusic.

[11] The same year Patent Pending opened for Bowling for Soup during the group's farewell tour in the United Kingdom.

The project was inspired by the Mario video game franchise and featured Patent Pending in-character as the fictional group.

It received unfavorable coverage from the AV Club for the unauthorized use of Nintendo IP for a novelty song driven act and the lyrics of "Hey Mario".

They later embarked on a UK tour with shows in Norwich, Birmingham, Glasgow, Newcastle, Manchester, Bristol and the Reading and Leeds Festivals with support from Never There and Eternal Boy.

[25][26] The song was favorably described by Jack Rogers of Rock Sound as "pretty much the scene equivilent [sic] of Bruno Mars' 'Uptown Funk'".