What is a ‘patent marking’?

A patent marking is a way of notifying the public that a product or invention is protected by a patent. This is done by placing a patent number, or a notice related to the patent, on the product or invention. In North Dakota, patent marking is not required for patent protection. However, patent marking serves several important benefits. Most notably, patent marking serves to deter potential infringers. Potential infringers are more likely to recognize the patent and respect the patent holder’s rights when patent marking is used. Furthermore, patent marking can provide the patent holder with additional damages in an infringement suit. The law in North Dakota allows for the patent holder to be awarded for the defendant’s profit that would not have occurred had the patent been marked. In addition, patent marking helps to promote public notice and disclosure. Without patent marking, potential buyers and users of the product or invention may be unaware of the patent and the scope of the patent holder’s rights. Lastly, patent marking can give incentives to small businesses. Patent markings can identify a product or invention to potential customers and help propel the invention onto the market. Without patent marking, potential customers may be unaware of the product or invention and a small business may not be able to properly capitalize on its investment. In sum, patent marking is an important tool for patent holders in North Dakota. Although patent marking is not required for patent protection, it can provide a number of benefits to the patent holder including deterring potential infringers, promoting public notice and disclosure, and providing incentives to small businesses.

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What is a ‘patent marking’?

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