What is a ‘patent marking’?
A patent marking is a statement or symbol that is used to inform the public that a product or item is protected under a patent. In California, patent owners must mark their patented products with either their patent number or the words “Patented” or “Pat.” This allows people to know that the product is legally protected and any use of the product without authorization from the patent holder is a violation of the patent. Not marking a patented product can reduce the amount of damages the patent holder can receive for infringement. Patent marking also serves to notify competitors that a product is protected by a patent. This helps to discourage copycats from trying to duplicate a patented product, as any evidence of intentional infringement can lead to increased damages in court. Patent markings also benefit consumers, as they can quickly identify that a product is protected by a patent and the rights that the patent holder has. All in all, patent markings are an important part of patent law in California, as they serve to protect the patent holder, discourage competitors and benefit consumers.
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