Virtual Marking - Patent Marking Just Got Easier By Peter Staples, Partner

September 01, 2011

There are substantial benefits to marking a product as patented.  

Done properly, patent marking provides "constructive notice" of patent rights to a potential infringer and starts the period during which patent damages may be recovered from an infringer.  

Prior to passage of the America Invents Act in September 2011, proper patent marking entailed placing the patent numbers covering the product directly on the product. 

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