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...]
Virtual Patent Marking
Virtual patent marking refers to marking a product as patented or patent pending by referring to a webpage containing the patent number. U.S. patent laws permit patent owners to more easily place the public on notice of their patent by placing the patent number on a webpage instead of on the product itself.
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...]
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 … [Read more...]