In order to unfairly deter competition, companies would falsely mark a product as “patent pending” or even place a patent number on the product when no patent application or patent existed. This is referred to as false patent marking. Sometimes companies would make an innocent mistake and falsely mark their products as patent protected. Click here for proper usage of patent … [Read more...]
Patent marking constructively notifies the public of the existence of the patent so that damages can related back to the start of infringement and not when the infringer had actual knowledge of the patent. Patent marking may be made on the product, packaging or virtually online. Browse related articles below.
In the world of patents, the stakes can be very high where awards can reach into the hundreds of millions of dollars and sometimes billions of dollars. When a license is given, royalties are paid on products covered by the patents being licensed. It might seem to be easy to determine whether royalty should be paid or not on a given product. However, it is often not that … [Read more...]
The America Invents Act (AIA) which changes major sections of the current Patent Laws became law on September 16, 2011. Certain provisions become effective immediately while others become effective at a later date. Click the following link for a schedule of effective dates. Click the following link for the actual text of the America Invents Act. More commentary and … [Read more...]
The America Invents Act was signed into law on September 16, 2011. The virtual patent marking and false marking provisions became effective immediately. Virtual Marking Patent damages do not begin to accrue until the patentee accuses the infringer of infringement. In the alternative, the patentee may give constructive notice by marking the product with “pat.” or “patent” … [Read more...]
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 number, unrelated … [Read more...]