Virtual patent marking and false marking claims (Currently effective)

Posted On :October 10th, 2011 By James Yang

America Invents Act allows companies to mark patents with patent number by referring to a web address. Also, false patent marking claims can only be brought by the government or someone with a competitive injury.

Liability From Third Party False Marking

Posted On :December 22nd, 2010 By James Yang

This blog post has been updated due to the America Invents Act enacted September 16, 2011.  See Virtual patent marking and false patent marking post. . Patent false marking has become an increasingly important issue for patentees.  The typical false marking situation begins with a product manufacturer falsely marking its “own” product with an expired patent [...]

Liability for False Patent Marking

Posted On :September 28th, 2010 By James Yang

This blog post has been updated due to the America Invents Act enacted September 16, 2011.  See Virtual patent marking and false patent marking post. The benefit of marking a product with a patent number is that damages accrue upon infringement and not upon actual notice of the patent.  However, if the product is incorrectly marked [...]