Patently Strategic Podcast: Why Patent Marking is So Important
Briefly

Patently Strategic Podcast: Why Patent Marking is So Important
"If you look closely enough, you'll find patent numbers on most of the physical products around you. Much like their copyright and trademark cousins, these designations are far from cosmetic. Instead, they serve a statutory requirement to provide public notice about your protected intellectual property. In the case of patent marking, not only does it reduce the risk of infringement because you are informing potential infringers of the patent's existence."
"Virtual marking enables a company to update its product(s) without needing to relabel or reproduce a line of products when a new patent is issued covering the product(s). Marking is accomplished by marking the patented product with the word "Patent" or "Pat.", followed by the patent number or a web address where the patent number is listed (if providing virtual notice in combination with physical notice)."
Patent marking labels products with patent numbers or a web address to provide public notice of protected status. Marking reduces infringement risk and fixes the date for recovering damages. The America Invents Act (2011) permits optional virtual marking, enabling updates without relabeling physical products. Proper marking uses 'Patent' or 'Pat.' followed by the patent number or a website listing. Legal requirements and best practices include consistent, accurate marking and consideration of international marking rules. Failure to mark can bar or limit damages, and companies should implement processes to update notices and maintain worldwide compliance.
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