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...]
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.
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. Upon filing a patent application or issuance of a patent, a product disclosed by the patent application or covered by the claims of the issued patent may be marked either "Patent Pending" or "Patented" together with the 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...]