What is a ‘patent marking’?

Patent marking is a way of notifying the public that a product or item is protected by a patent. It lets people know that they can be held liable for infringing the patent if they make, use, sell, or import a product that is covered by a patent. In South Dakota, patent marking involves including the words “patent” or “pat.” followed by the patent number, on the product or its packaging. This notifies the public that a patent is in effect and that they would be liable for infringing the patent if they were to attempt to make, use, sell, or import the subject of the patent. If a patent holder fails to mark a product, those who infringe the patent may be excepted from damages up until the point of when they should have been notified of the patent. As such, it is important for patent holders to properly mark their products to ensure that they receive the full benefit of their patent rights.

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What is a ‘patent marking’?

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