What is a ‘patent marking’?

Patent marking is a method of informing potential infringers that a product is protected by a patent. It is used mainly by companies and people who have developed or own a patentable invention, such as a new product, process, or design. Patent markings typically consist of the word "patent," the patent number, or a combination of the two. A patent marking can be affixed to a product in a variety of ways, such as in the form of a label on the product, or printed directly onto the product. In Minnesota, patent marking is governed by state statutes and is primarily used to put potential infringers on notice that a product or design is protected by a patent. Specifically, Minnesota Statute 325F.567 requires that whenever an "article of manufacture" has a patent of the United States issued on it, the patent owner must prominently mark the article with the patent number. If the patent marking is not done, the patent owner has the right to recover damages from the infringer, but not the lost profits from the infringement. Patent marking is important for inventors and patent owners in Minnesota, as it provides them with a way to protect their inventions from potential infringement. It serves the dual purpose of informing potential infringers of the patent and putting them on notice that a patent exists, and also serves as a deterrent to would-be infringers. By properly marking patented products, inventors and patent owners are better equipped to protect their rights and interests in their inventions.

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What is a ‘patent marking’?

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