The America Invents Act (AIA) which changes major sections of the current Patent Laws became law on September 16, 2011. Under the AIA, the first inventor to file, not the first to invent is awarded the patent. Other sections changes the law on false marking, attacks on best mode, and many more.
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.
Under US Patent Marking Statute, patentees may give constructive notice to the public by indicating on the product the word “patent” or “pat.” together with the number of the patent. If the patent number cannot be marked on the product itself, then such marking may be provided on the insert or label associated with the product. By doing so, damages can be calculated from the start of infringement, instead of from actual notice (e.g., receipt of a cease and desist letter or service of a complaint). The issue in Soverain Software LLC v. Amazon.com Inc is whether a website is a product that can be marked. The Court held that tangible items which can be marked must be marked if possible to take advantage of the patent marking statute.