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...]
False Patent Marking
35 U.S.C. § 292 defines the damages when a product is marked patented when it is not covered by a U.S. patent.
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...]
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...]
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...]