After you file a patent application, you can now mark your inventive product or service as patent pending. But, what are the pros and cons of doing so? Plus, how should you label your product or service as patent pending? Do you have to label your inventive product or service as patent pending? Patent law does not require you to label your product or service as patent … [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: Burden of production and burden of proof
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: 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...]
Federal Circuit defines competitive injury for false patent marking
False patent marking occurs when a company marks a product as "patent pending" or lists a patent number when no valid patent or application actually exists for the product. This practice is sometimes used to unfairly deter competition. Occasionally, companies make innocent mistakes, inadvertently marking products as patent-protected. (For proper patent marking practices, see … [Read more...]
Understanding Patent Marking: Ensuring Proper Coverage for Your Products
In the world of patents, the stakes can be high, with potential awards reaching into the hundreds of millions, or even billions, of dollars. When a product is covered by a patent, royalties are often paid on each sale. Although it might seem straightforward to determine if royalties should be paid, it’s often more complex. In one notable case, Frolow licensed his tennis … [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...]
AIA: Virtual Patent Marking and False Marking Changes
The America Invents Act (AIA), signed into law on September 16, 2011, introduced significant updates to patent marking. The provisions for virtual patent marking and false marking became effective immediately, providing new options and protections for patentees. Virtual Patent Marking Patent damages generally begin to accrue only when a patentee notifies an infringer of the … [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...]