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Published by: James Yang

Penalty for False Patent Marking

Upon filing a patent application or issuance of a patent, a product disclosed by the patent application or covered by the claims of the issued patent may be marked either “Patent Pending” or “Patented” together with the patent number. The benefit of marking a product as patent pending is that it provides a warning that [...]

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PATENTS – MARKING

Under 35 U.S.C. 287(a), patentees must give constructive notice to the public by indicating on the product or associated documentation the word “patent” or “pat.” together with the number of the patent. If marking on the product is not possible, then such marking may be provided on the associated packaging or label. Otherwise, damages for [...]

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