What is a ‘patent marking’?

Patent marking, also known as ‘patent notice’, is a requirement for patent owners. It serves the purpose of informing the public that a product is protected by a patent and listing the numbers of the associated patents. Patent marking can be done in a few ways: physical markings on the product, notices in advertising materials, or online postings. In Florida, patent markin is regulated by the United States Patent and Trademark Office (USPTO). Generally, a patent owner must provide meaningful public notice that a product is patented, meaning that it must be clear enough that a person of ordinary skill in the relevant technical field would notice the marking. This allows the public to know what products are protected by patents and which are not. Not only is patent marking important under USPTO rules, but it can also be beneficial for a patent owner. For example, if a patent owner fails to notify the public that a product is patented, they may forfeit their ability to collect damages for infringement. This could be especially costly if the infringer is making significant profits from the use of a patented product. Thus, patent marking is an important tool used by patent owners to publicly inform the public of their patent rights, and to protect their legal interests. Without patent marking, patent owners may be unable to enforce their rights or recover damages from those who otherwise infringe on their patents.

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What is a ‘patent marking’?

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