• Home
  • About Me
    • Client Reviews
    • Patent Samples
    • Accolades
    • About Firm
    • Technologies
    • FAQs
  • Services
    • Patent Prosecution Services
    • Patent Defense Services
    • Patent Enforcement Services
    • Trademark Search Services
    • Trademark Prosecution Services
    • Trademark Enforcement Services
    • Trademark Defense Services
    • Patent and Trademark Licensing Services
    • Worldwide Patent and Trademark Services
  • Learning Resources
    • Invention Agreements
      • What is an NDA and when to use them?
      • How to use a contract to protect your invention?
      • Working with others without losing your IP rights
      • Patent Assignments for Independent Contractors
      • Losing Invention Rights When Hiring or Collaborating with Others
      • Avoid Problems: Get an Invention Assignment Agreement
    • Protect Inventions
      • Do you need to get your patent attorney to sign an NDA?
      • Patent protection benefits and why every inventor should consider getting one
      • Reasons to only market your invention after securing patent pendency
      • 8 tips to successfully protect your idea
      • Four types of intellectual property you can use to protect your idea and how to use them
      • Can a confidentiality agreement protect me like a patent application?
      • Dangers of 1 yr grace period under first-inventor-to-file system
      • File a patent application before telling others about the invention
      • Risks and benefits of securing software patent protection
      • Strategy to overcome patentable subject matter rejection
      • Best uses for design patents
      • Overview of Patents and Intellectual Property
      • Pros and cons of filing a continuation-in-part application
      • Benefits of Patent Protection
      • Continuation patent application and related divisional and continuation in part
      • Misconceptions of Provisional Patent Applications
    • How Patent Applications Work: the Basics
      • How to respond to an office action?
      • Request for non-publication of a patent application
      • Anatomy of a Patent Document
      • How to write a broad patent application?
      • Design patents: pros and cons
    • Patent process
      • Overview of the examination process within the USPTO
      • What is a patent search and How to do it?
      • Patent attorneys, agents and the USPTO can help with the patent process
      • Highs and lows of securing patent protection for your invention
      • Patent Process: Invention to Patent Granted (Comprehensive)
      • Benefits of a Patent Search
      • Overview of Patent Process
      • Patent process timeline and major milestones
      • Patent process, overall steps and procedures
      • What is the Patent Office procedure after filing a patent application?
      • USPTO Website
    • Patent costs
      • How much does it cost to get a utility patent?
      • Provisional Patent Application: Cheap Alternative?
      • Patent Cost Framework and cash flow
      • Provisional patent application: a cheap option?
      • Cheap provisional patent applications
    • Worldwide patents
      • Pros and cons of securing worldwide patent protection and their steps
      • Foreign patent filing to secure protection in other countries
    • Responding to Office Actions
      • Overview of Office Actions
    • Patent infringement
      • Basics of writing a patent claim for a patent application
      • What are the patent marking requirements and its benefits?
      • Avoiding Patent Infringement
      • Can I Copy My Competitor’s Product?
      • Can I Copy My Competitor’s Product? (Design Patent)
    • Trademarks
      • Trademark Registration: common law, state and federal
      • How to obtain a federal trademark registration?
      • How to select a trademark?
        • Protect your idea when pitching to an investor, potential licensee, or buyer
  • Schedule Consultation
  • Contact

Patent Attorney | Orange County | OC Patent Lawyer

Orange County Patent Attorney

(949) 433-0900
You are here: Home / Archives for Patent application process / After Patent Grant / Patent Marking

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

July 6, 2019 by James Yang

Burden-Production-Patent-Marking

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...]

What are the patent marking requirements and its benefits?

July 6, 2019 by James Yang

Patent Marking Flowchart

In order to ensure maximum compensation for any infringements on your patents, your products should include a clear patent marking to show that they are protected. Let's dive-in: Patent marking provides constructive notice to the public of your patent.  Constructive notice is given to the public of your patent by affixing the patent number on the patented product.  By doing … [Read more...]

CAFC defines competitive injury for false patent marking

August 10, 2015 by James Yang

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

June 11, 2013 by James Yang

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

December 22, 2011 by James Yang

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)

October 10, 2011 by James Yang

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

December 22, 2010 by James Yang

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

September 28, 2010 by James Yang

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...]

Next Page »

Professional Profile

James Yang Business Patent Attorney

James Yang, Patent Attorney

James Yang is a patent attorney whose practice encompasses all area of intellectual law including patents, trademarks, copyrights and trade secrets. Professional Profile

Popular Posts

  • Patent process overview
  • Patent process explained
  • How much does a patent cost?

New Book Release

Navigating the Patent System - new book by Orange County patent attorney, James Yang

Navigating the Patent System: Learn the patent process and strategies to protect your invention

Read for Free
Buy at Amazon

Peer Recognition

top attorney patent application
client choice patent application
Rated by Super Lawyers
AV Preeminent rating

RECEIVE PATENT UPDATES

Stay up to date on major changes and get tips on patent prosecution.

We respect your privacy.

Popular Posts

    Patent process overview
    Patent process explained
    How much does a patent cost?

Services

  • Patent Prosecution Services
    Patent Defense Services
    Trademark Prosecution Services
    See All Services

Contact

James Yang
OC Patent Lawyer
2372 Morse Ave., Suite #178
Irvine, CA 92614
Tel: (949) 433-0900

Connect

  • Facebook
  • LinkedIn

Sitemaps

Sitemap: Pages | Sitemap: Posts

Terms of Use

By accessing this blog, you agree that no attorney-client relationship is formed except by a subsequent written retainer agreement. Also, you agree to not send confidential information unless directed by me to do so. The information posted on this blog is legal information and not legal advice.
Complete terms of use

ATTORNEY ADVERTISEMENT

© 2019 · James Yang, Your Entrepreneur and Mid-Size Business Patent Attorney