Get False Patent Marking

Actual notice occurs when a party informs the accused infringer that specific products infringe particular patents (e.g., with a letter or by filing a complaint). Constructive notice occurs when a party marks “substantially all” of its products with patent numbers that cover the particular product.

The mark must be legible and unconcealed. If the product is subject to wear, placement of the mark can be less visible if such placement will lessen likelihood that the mark will be worn away. If marking a product is not feasible due to size constraints, a corresponding package or label may be marked instead.

Whoever marks upon, or affixes to, or uses in advertising in connection with any article, the words “patent applied for,” “patent pending,” or any word importing that an application for patent has been made, when no application for patent has been made, or if made, is not pending, for the purpose of deceiving the ...

To virtually mark a product, a patent owner must mark the product itself or to the packaging for the product with the word “patent” or “pat.” followed by an Internet website address. At the listed Internet website address, the patent numbers are listed that apply to the product.

Examples of Virtual Patent Marking Web Pages https://.actifio.com/patents/ (web page displaying the name of the product and the associated patents) .bunn.com/patents (single PDF download for all products)

As provided in the Patent Act, 35 U.S.C. § 287(a), anyone who is making, offering for sale, selling, or importing into the United States, a patented product may give notice to the public that the product is patented by “patent marking” the product. Marking a product is optional.

Generally, products should be marked with “Patent [Number]” or “Pat. [Number]” where the applicable patent number or numbers are included. Patent notice must be “fixed” on the patented article.

To comply with the virtual patent marking requirements of 35 U.S.C. 287(a), a patent owner must mark their product with the word “Patent” or “Pat.” together with the URL address of the posting on the Internet that is accessible to the public.