Failure to properly mark a product with its patent number limits an infringer's liability for damages. Infringers have the burden of production to initially identify products which the patentee failed to mark. The patentee then has the burden of proof to show that the unmarked products are not covered by the patent. In Arctic Cat Inc. v. Bombardier Recreational Products Inc. … [Read more...]
Patent marking
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.
Patent Marking: Everything you wanted to know
Patent marking involves affixing the patent number of your patent to your product or packaging. The benefit of patent marking is that the public is given constructive notice of your patent. Infringers cannot claim ignorance of your patent to avoid liability. Infringers are liable for patent infringement as soon as possible even if they don’t have actual knowledge of your … [Read more...]
CAFC defines competitive injury for false patent marking
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 shows whether product is covered under a patent
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...]
America Invents Act
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 and false marking claims (Currently effective)
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...]
Liability From Third Party False Marking
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...]
Liability for False Patent Marking
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 with patent pending or an incorrect patent … [Read more...]