What is a ‘patent marking’?

Patent marking is a required step in order to protect a patent from infringement. It involves placing an indication on an article that it is protected by a patent. This indication can be in the form of a word, a symbol, a code, or some other form of notice. By marking an article with a patent marking, it is easier to identify that patent infringement has occurred if an unauthorized use or sale of the article takes place. In the state of Mississippi, patent marking is handled in accordance with the Mississippi Code, Title 78, Section 79-27-2. This section of the code outlines the requirements for patent marking, such as what an appropriate notice looks like, the degree of distribution of the article, and the inclusion of the patent number if applicable. Patent markings can also be used strategically, as a form of advertising to inform the public of the patent holder’s protection and also to deter any would-be infringers. It is important for patent holders to use patent markings in order to ensure their legal protection and to maintain their right to enforce the patent. Furthermore, patent marking allows the patent holder to claim damages against any infringers of their patent.

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What is a ‘patent marking’?

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